Detailed Action
Continued Examination Under 37 CFR 1.114
1. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2-12-26 has been entered.
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 § 103
2. 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 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) 27-34, 38-39, 41-42, 44-45 and 52-53 is/are rejected under 35 U.S.C. 103 as unpatentable over U.S. Patent No. 9,826,745 to Thulin et al. in view of U.S. Patent No. 6,126,534 to Jacobs et al., further in view of U.S. Patent Application Publication No. 2025/0082454 to Rinklake et al. (see earliest effective filing date of 5-17-21 based on German application) and further in view of U.S. Patent No. 10,136,654 to Thrane et al.
Referring to claim 27, Thulin et al. discloses an apparatus/method configured and adapted for stunning in a stunning chamber poultry animals for slaughter which are supplied in transport containers comprising, a stunning chamber – at 1, a transport device – at 2, for introducing the transport containers – at 3, into the stunning chamber – at 1 – see figure 1, transporting the transport containers – at 3, through the stunning chamber – at 1 – see figure 1, and discharging the transport containers – at 3, from the stunning chamber – at 1 – see discharge at 6,24 in figure 1, the stunning chamber – at 1, has at least one vertically oriented stunning shaft – see vertical pit – at 1 in figure 1, and the transport device – at 2, comprises at least one lifting device/lift – at 21,22,25, such that each transport container – at 3, can be lowered into the stunning chamber – at 1, from top to bottom on a first transport path – see vertical downward path in figure 1, can be transported in a region of a bottom of the at least one stunning shaft transversely from the first transport path – at 21,22,25, to a second transport path – at 22,24,25 – see horizontal conveyor – at 23 in figure 1 between the two transport paths, and can be lifted from bottom to top on the second transport path – at 22,24,24 – see figure 1, and a device – at 4, arranged in the region of the bottom of the at least one stunning shaft – see figure 1, for introducing stunning gas into the stunning shaft so as to form inside the stunning chamber a stunning medium formed of ambient air and stunning gas – see figure 1 and column 6 line 6 to column 7 line 3 and a ventilation system – piping that would be connected to item 4 for introducing the gas into the stunning chamber, that is arranged inside the at least one stunning shaft of the stunning chamber – at 1 – see item 4 inside item 1 in figure 1. Thulin et al. does not disclose a ventilation system arranged inside the at least one stunning shaft of the stunning chamber, the ventilation system configured and adapted to circulate at least parts of the stunning medium at least in an upper region of the stunning chamber. Jacobs et al. does disclose a ventilation system – at 8-20, arranged inside the at least one stunning shaft of the stunning chamber – see at 26-37 – see inside the shaft at the connection of items 7,8, 16,17 and 26,27 with the stunning shaft as seen in figures 1-2, the ventilation system configured and adapted to circulate at least parts of the stunning medium at least in an upper region of the stunning chamber – see flow of gas in figures 1-2 and column 6 line 1 to column 7 line 9. Therefore it would have been obvious to one of ordinary skill in the art to take the device/method of Thulin et al. and add the ventilation system of Jacobs et al., so as to yield the predictable result of reusing the stunning gas for subsequent stunning processes as desired. Thulin et al. as modified by Jacobs et al., further discloses the ventilation system is a first and second pipe circuit – see at 7-10, 15-20, 26 or 27 in figures 1-2 of Jacobs et al. which is consistent with applicant’s disclosure. Thulin et al. as modified by Jacobs et al. further discloses a first upper chamber – see middle position in the chamber in figure 1 of Thulin et al., having a first gas concentration – see for example column 6 line 6 to column 7 line 3 of Thulin et al., and a second lower chamber – lowermost position in the chamber in figure 1 of Thulin et al., having a second gas concentration which is higher than the first gas concentration – see for example figure 1 and column 6 line 6 to column 7 line 3 of Thulin et al. Thulin et al. as modified by Jacobs et al. further discloses the device including one or more of a valve, a pipe, or a reservoir – see at 4 of Thulin et al., having at least a reservoir. Thulin et al. as modified by Jacobs et al. does not disclose one or more of a valve, a pipe, or a reservoir in the stunning chamber. Rinklake et al. does disclose a nozzle, pipe and reservoir – pipe can be considered a reservoir, inside the stunning chamber – see at 7,8,12,13 in figures 1-2. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Thulin et al. as modified by Jacobs et al. and add the nozzle, pipe or reservoir inside the stunning chamber as disclosed by Rinklake et al., so as to yield the predictable result of ensuring the stunning gas is directly applied into more of the stunning chamber during use. Thulin et al. as modified by Jacobs et al. and Rinklake et al. does not disclose the ventilation system including one or more suction nozzles arranged inside the at least one stunning shaft, one or more return nozzles arranged inside the at least one stunning shaft and one or more pipes arranged inside the at least one stunning shaft. Thrane et al. does disclose the ventilation system including one or more suction nozzles – at 20 connected to pipes 18 or 25, arranged inside the at least one stunning shaft – at 10,19 – see figures 1-3, one or more return nozzles – at 20 connected to the other of pies 18 or 25, arranged inside the at least one stunning shaft – at 10,19 – see figures 1-3, and one or more pipes – at 18 and 25, arranged inside the at least one stunning shaft – at 10,19 – see figures 1-3. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Thulin et al. as modified by Jacobs et al. and Rinklake et al. and add the nozzles and pipes inside the stunning shaft of Thrane et al., so as to yield the predictable result of ensuring animals of different sizes and orientations receive sufficient stunning gas as desired.
Referring to claim 28, Thulin et al. as modified by Jacobs et al., Rinklake et al. and Thrane et al. further discloses the ventilation system comprises a valve, pipe and reservoir – see at 7-20 of Jacobs et al. and – see at 7-8,12-13 of Rinklake et al., to change a gas concentration of the stunning gas in the circulated stunning medium – see at 7,8 and column 6 line 6 to column 7 line 37 and see at 11 of Jacobs et al. Therefore it would have been obvious to one of ordinary skill in the art to take the device/method of Thulin et al. and add the ventilation system of Jacobs et al., so as to yield the predictable result of reusing the stunning gas for subsequent stunning processes as desired.
Referring to claim 29, Thulin et al. as modified by Jacobs et al., Rinklake et al. and Thrane et al. further discloses the ventilation system comprises at least a first pipe circuit – pipes that would be connected to item 4 of Thulin et al., at 7-10 or 15-20 or 26 or 27 of Jacobs et al., which is arranged at least in part inside the at least one stunning shaft – see item 4 inside item 1 in figure 1 of Thulin et al., and – see at the connection of items 7,8, 16,17 and 26,27 with the stunning shaft as seen in figures 1-2, wherein the first pipe circuit is configured and adapted to suction stunning medium out of a first, upper chamber portion of the stunning chamber – see at 12 or 19 or 29 or 36 in figures 1-2 of Jacobs et al., which is located at an upper end of the stunning chamber – see figures 1-2 of Jacobs et al., and to return the suctioned stunning medium into the first, upper chamber portion – see gas flow path in figures 1-2 of Jacobs et al. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Thulin et al. as modified by Jacobs et al., Rinklake et al. and Thrane et al. and add the ventilation system of Jacobs et al., so as to yield the predictable result of reusing the stunning gas for subsequent stunning processes as desired.
Referring to claim 30, Thulin et al. as modified by Jacobs et al., Rinklake et al. and Thrane et al. further discloses the ventilation system comprises at least a second pipe circuit – other of items 7-10 or 15-20 or 26 or 27 of Jacobs et al., which is arranged at least in part inside the at least one stunning shaft– see at the connection of items 7,8, 16,17 and 26,27 with the stunning shaft as seen in figures 1-2 of Jacobs et al., and see system – at 4 of Thulin et al. inside the stunning shaft of item 1 as seen in figure 1, wherein the second pipe circuit is configured and adapted to suction stunning medium out of a second, lower chamber portion of the stunning chamber – see at 12 or 19 or 29 or 36 of Jacobs et al., which is located below the first, upper chamber portion of the stunning chamber, and to return the suctioned stunning medium into the second, lower chamber portion – see figures 1-2 of Jacobs et al. where the gas would be removed and returned to the entire stunning chamber including the lower parts of the stunning chamber. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Thulin et al. as modified by Jacobs et al., Rinklake et al. and Thrane et al. and add the ventilation system of Jacobs et al., so as to yield the predictable result of reusing the stunning gas for subsequent stunning processes as desired.
Referring to claim 31, Thulin al. as modified by Jacobs et al., Rinklake et al. and Thrane et al. further discloses each of the at least first pipe circuit and the at least second pipe circuits of the ventilation system comprises pipes for conducting the stunning medium – see at 7-9, 15-17, 26 and 27 in figures 1-2 of Jacobs et al., and each of the pipes comprises, at least one of a first drive or a first pump – at 12 or 19, and a suction nozzle of the one or more suction nozzles to suction the stunning medium out of the respective chamber portion – at 12, 19, 29, 36 – see figures 1-2 of Jacobs et al. and, at the opposite, second free end of each of the pipes, a return nozzle of the one or more return nozzles configured to return the suctioned stunning medium into the respective chamber portion – see outlets at the ends of 7, 16, 26 and 27 in figures 1-2 of Jacobs et al., further comprising a second drive or a second pump – the other of items 12 or 19, for transporting the stunning medium through the pipes – see at 11 of Jacobs et al., and a sensor configured to measure the a gas concentration of the stunning medium suctioned out of the respective chamber portion – see at 7 of Thulin et al. and – at 10 and 18 of Jacobs et al. Therefore it would have been obvious to one of ordinary skill in the art to take1 the device of Thulin et al. as modified by Jacobs et al., Rinklake et al. and Thrane et al. and add the ventilation system of Jacobs et al., so as to yield the predictable result of reusing the stunning gas for subsequent stunning processes as desired. Thulin et al. as modified by Jacobs et al., Rinklake et al. and Thrane et al. does not disclose the means for suctioning are the first free end of the pipes. However, it would have been obvious to one of ordinary skill in the art to take the device of Thulin et al. as modified by Jacobs et al., Rinklake et al. and Thrane et al. and have the means for suctioning at any suitable position on the pipes including at a free end as claimed, so as to yield the predictable result of ensuring proper gas flow through the device as desired.
Referring to claim 32, Thulin et al. as modified by Jacobs et al., Rinklake et al. and Thrane et al. further discloses a second pipe circuit – at 7-10 or 15-20 or 26 or 27 of Jacobs et al., configured to supply stunning gas and/or ambient air into the pipes of the first pipe circuit – see at any other of 7-10, 15-20, 26 and 27 in figures 1-2 of Jacobs et al. Therefore it would have been obvious to one of ordinary skill in the art to take1 the device of Thulin et al. as modified by Jacobs et al., Rinklake et al. and Thrane et al. and add the ventilation system of Jacobs et al., so as to yield the predictable result of reusing the stunning gas for subsequent stunning processes as desired.
Referring to claim 33, Thulin et al. as modified by Jacobs et al., Rinklake et al. and Thrane et al. further discloses each of the pipes consists of at least three portions, including at least one portion oriented vertically downwards, at least one portion oriented vertically upwards, and at least one horizontally oriented portion connecting the two vertically oriented portions – see at 7-10, 15-17, 26 and 27 in figures 1-2 of Jacobs et al. Therefore it would have been obvious to one of ordinary skill in the art to take1 the device of Thulin et al. as modified by Jacobs et al., Rinklake et al. and Thrane et al. and add the ventilation system of Jacobs et al., so as to yield the predictable result of reusing the stunning gas for subsequent stunning processes as desired.
Referring to claim 34, Thulin et al. as modified by Jacobs et al., Rinklake et al. and Thrane et al. further discloses there is associated with each of the pipes at least one third drive for suctioning the stunning medium into the pipe and returning the stunning medium from the pipes – see at any of 12, 19, 29 and 36 in figures 1-2 of Jacobs et al. Therefore it would have been obvious to one of ordinary skill in the art to take1 the device of Thulin et al. as modified by Jacobs et al., Rinklake et al. and Thrane et al. and add the ventilation system of Jacobs et al., so as to yield the predictable result of reusing the stunning gas for subsequent stunning processes as desired.
Referring to claim 36, Thulin et al. as modified by Jacobs et al., Rinklake et al. and Thrane et al. further discloses each suction nozzle of the one or more suction nozzles is oriented transversely and/or in parallel with respect to a vertically oriented portion of the corresponding pipe – see transversely with respect to items 12,19 in figure 1 of Jacobs et al. and in parallel with respect to items 29 and 36 in figure 2 of Jacobs et al. Therefore it would have been obvious to one of ordinary skill in the art to take1 the device of Thulin et al. as modified by Jacobs et al., Rinklake et al. and Thrane et al. and add the ventilation system of Jacobs et al., so as to yield the predictable result of reusing the stunning gas for subsequent stunning processes as desired.
Referring to claim 38, Thulin et al. as modified by Jacobs et al., Rinklake et al. and Thrane et al. further discloses the sensor for measuring the gas concentration of the stunning gas in the stunning medium suctioned out of the respective chamber portion is associated with the at least one of the first drive or the first pump configured to suction the stunning medium – see at 4,7 in figure 1 of Thulin and – see at 10,12 and 18,19 in figure 1 of Jacobs et al.
Referring to claim 39, Thulin al. as modified by Jacobs et al., Rinklake et el. and Thrane et al. further discloses the sensor configured to measure the gas concentration – at 7 of Thulin et al. and – at 10,18 of Jacobs et al., detects the gas concentration of the stunning gas of the suction nozzle of the one or more suction nozzles – see columns 6-7 of Thulin et al. and columns 6-7 of Jacobs et al, but does not disclose the sensors arranged inside each suction nozzle. However, it would have been obvious to one of ordinary skill in the art to take the device of Thulin et al. as modified by Jacobs et al., Rinklake et al. and Thrane et al. and place the sensors in any desired location of the ventilation system including the claimed arranged inside each suction nozzle as claimed, so as to yield the predictable result of ensuring better determination of the gas levels in the device as desired.
Referring to claim 41, Thulin et al. as modified by Jacobs et al., Rinklake et al. and Thrane et al. further discloses the return nozzle of the one or more return nozzles is oriented transversely and/or in parallel with respect to a vertically oriented portion of the corresponding pipe – see in parallel in figures 1-2 of Jacobs et al. Therefore it would have been obvious to one of ordinary skill in the art to take1 the device of Thulin et al. as modified by Jacobs et al., Rinklake et al. and Thrane et al. and add the ventilation system of Jacobs et al., so as to yield the predictable result of reusing the stunning gas for subsequent stunning processes as desired.
Referring to claim 42, Thulin et al. as modified by Jacobs et al., Rinklake et al. and Thrane et al. further discloses the third drive is associated with the return nozzle of the one or more return nozzles – see for example at 71,76 detailed in columns 6-7 of Thulin et al.
Referring to claim 44, Thulin et al. as modified by Jacobs et al., Rinklake et al. and Thrane et el. further discloses there is arranged in a region of the return nozzle of the one or more return nozzles, at least one supply pipe for supplying ambient air and/or stunning gas to the return nozzle – see pipes – at 7,16,26,27 in figures 1-2 of Jacobs et al. for supplying stunning gas. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Thulin et al. as modified by Jacobs et al. and Rinklake et al. and add the ventilation system of Jacobs et al., so as to yield the predictable result of reusing the stunning gas for subsequent stunning processes as desired.
Referring to claim 45, Thulin et al. as modified by Jacobs et al., Rinklake et al. and Thrane et al. further discloses the ventilation system is connected to a control device having a processor for adjusting a gas concentration of the stunning gas in the stunning medium – see controls at 8 detailed in columns 6-7 of Thulin et al. and – see at 11 in figure 1 and column 5 lines 45-65 of Jacobs et al.
Referring to claim 53, Thulin et al. as modified by Jacobs et al., Rinklake et al. and Thrane et al. further discloses the one or more suction nozzles of the ventilation system comprises a nozzle of elongate form to form a suction bar – at 12 – see figure 2 of Rinklake et al. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Thulin et al. as modified by Jacobs et al., Rinklake et al. and Thrane et al. and add the ventilation system as disclosed by Rinklake et al., so as to yield the predictable result of ensuring the stunning gas is directly applied into more of the stunning chamber during use.
Referring to claim 54, Thulin et al. as modified by Jacobs et al., Rinklake et al. and Thrane et el. further discloses, the at least one vertically oriented stunning shaft has an open top – see opening in 10 in figure 1 of Thulin et al. and see at 4 in figure 1 of Rinklake et al.
Claim(s) 46 and 48-51 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thulin et al. in view of Jacobs et al., further in view of U.S. Patent No. 10,085,459 to Peters et al. and further in view of U.S. Patent No. 5,643,072 to Lankhaar et al.
Referring to claim 46, Thulin et al. discloses an apparatus/method configured and adapted for stunning in a stunning chamber poultry animals for slaughter which are supplied in transport containers comprising, a stunning chamber – at 1, a transport device – at 2, for introducing the transport containers – at 3, into the stunning chamber – at 1 – see figure 1, transporting the transport containers – at 3, through the stunning chamber – at 1 – see figure 1, and discharging the transport containers – at 3, from the stunning chamber – at 1 – see discharge at 6,24 in figure 1, the stunning chamber – at 1, has at least one vertically oriented stunning shaft – see vertical pit – at 1 in figure 1, and the transport device – at 2, comprises at least one lifting device – at 21,22,25, such that each transport container – at 3, can be lowered into the stunning chamber – at 1, from top to bottom on a first transport path – see vertical downward path in figure 1, can be transported in a region of a bottom of the at least one stunning shaft transversely from the first transport path – at 21,22,25, to a second transport path – at 22,24,25 – see horizontal conveyor – at 23 in figure 1 between the two transport paths, and can be lifted from bottom to top on the second transport path – at 22,24,24 – see figure 1, and a device – at 4, arranged in the region of the bottom of the at least one stunning shaft – see figure 1, for introducing stunning gas into the stunning shaft so as to form inside the stunning chamber a stunning medium formed of ambient air and stunning gas – see figure 1 and column 6 line 6 to column 7 line 3 and a ventilation system – piping that would be connected to item 4 for introducing the gas into the stunning chamber, that is arranged inside the at least one stunning shaft of the stunning chamber – at 1 – see item 4 inside item 1 in figure 1. Thulin et al. does not disclose a ventilation system arranged inside the at least one stunning shaft of the stunning chamber, the ventilation system configured and adapted to circulate at least parts of the stunning medium at least in an upper region of the stunning chamber. Jacobs et al. does disclose a ventilation system – at 8-20, arranged inside the at least one stunning shaft of the stunning chamber – see at 26-37 – see inside the shaft at the connection of items 7,8, 16,17 and 26,27 with the stunning shaft as seen in figures 1-2, the ventilation system configured and adapted to circulate at least parts of the stunning medium at least in an upper region of the stunning chamber by suctioning with at least one of the suction nozzles and returning with at least one of the return nozzles – see nozzles at the ends of 7,8,16,17 – see flow of gas in figures 1-2 and column 6 line 1 to column 7 line 9. Therefore it would have been obvious to one of ordinary skill in the art to take the device/method of Thulin et al. and add the ventilation system of Jacobs et al., so as to yield the predictable result of reusing the stunning gas for subsequent stunning processes as desired. Thulin et al. further discloses the device for introducing stunning gas – at 4 would have to have outlet opening(s) for introducing the gas into the stunning chamber and this would at least be a functional equivalent to applicant’s disclosed nozzles or the like in that the gas outlet of item 4 of Thulin et al. would provide the same function of supplying gas to the stunning chamber. Thulin et al. as modified by Jacobs et al., further discloses the ventilation system is a first and second pipe circuit – see at 7-10, 15-20, 26 or 27 in figures 1-2 of Jacobs et al. which is consistent with applicant’s disclosure. Thulin et al. as modified by Jacobs et al. further discloses a first upper chamber – see middle position in the chamber in figure 1 of Thulin et al., having a first gas concentration – see for example column 6 line 6 to column 7 line 3 of Thulin et al., and a second lower chamber – lowermost position in the chamber in figure 1 of Thulin et al., having a second gas concentration which is higher than the first gas concentration – see for example figure 1 and column 6 line 6 to column 7 line 3 of Thulin et al. Thulin et al. as modified by Jacobs et al. does not disclose the circulation of the stunning medium forms an air curtain. Peters et al. does disclose the circulation of the stunning medium forms an air curtain – see column 2 line 31 to column 2 line 2 and column 6 line 61 to column 7 line 30. Therefore it would have been obvious to one of ordinary skill in the art to take the method of Thulin et al. a modified by Jacobs et al. and add the air curtain of Peters et al., so as to yield the predictable result of keeping the stunning gas in the desired portion of the device performing the method as necessary. Thulin et al. as modified by Jacobs et al. and Peters et al. does not disclose a transport path between at least one suction nozzle and at least one return nozzle that is spaced transversely from the at least one suction nozzle and through and air curtain formed between the at least one suction nozzle and the at least one return nozzle. Lankhaar et al. does disclose a transport path between at least one suction nozzle – at the end of 54, and at least one return nozzle – at the end of the dashed line connected to 48, that is spaced transversely from the at least one suction nozzle – see figures 1-2a, and through and air curtain formed between the at least one suction nozzle and the at least one return nozzle – see at 22 in figures 1-2a and see column 4 lines 20-52. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Thulin et al. as modified by Jacobs et al. and Peters and add the air curtain between the suction an return nozzles as disclosed by Lankhaar et al., so as to yield the predictable result of sealing portions of the stunning chamber so that the stunning gas does not escape.
Referring to claim 48, Thulin et al. as modified by Jacobs et al., Peters et al. and Lankhaar et al. further discloses the gas concentration of the stunning gas in the circulated stunning medium is adjusted for each chamber portion – see items 7,8 and column 6 line 6 to column 7 line 67 of Thulin et al. and – see at 10,18 in figure 1 and column 5 line 63 to column 7 line 15 of Jacobs et al.
Referring to claim 49, Thulin et al. as modified by Jacobs et al., Peters et al. and Lankhaar et al. further discloses the gas concentration of the stunning gas in the circulated stunning medium is detected after suctioning out of the respective chamber portion – see at 7,8 of Thulin et al. and – at 10,18 of Jacobs et al.
Referring to claim 50, Thulin et al. as modified by Jacobs et al., Peters et al. and Lankhaar et al. further discloses the gas concentration of the stunning gas in the circulated stunning medium is adjusted if it deviates from a target value in that stunning gas and/or ambient air is supplied to the circulated stunning medium when it is returned into the respective chamber portion – see items 7,8 and column 6 line 6 to column 7 line 67 of Thulin et al. and – see at 10,18 in figure 1 and column 5 line 63 to column 7 line 15 of Jacobs et al.
Referring to claim 51, Thulin et al. as modified by Jacobs et al., Peters et al. and Lankhaar et al. further discloses the circulation of the stunning medium and/or the adjustment of the gas concentration of the stunning gas in the circulated stunning medium is controlled separately for each chamber portion – see items 7,8 and column 6 line 6 to column 7 line 67 of Thulin et al. and – see at 10,11,18 in figure 1 and column 5 line 63 to column 7 line 15 of Jacobs et al.
Claim(s) 47 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thulin et al. as modified by Jacobs et al., Peters et al. and Lankhaar et al. as applied to claim 46 above, and further in view of U.S. Patent Application Publication No. 2008/0254727 to Lang et al.
Referring to claim 47, Thulin et al. as modified by Jacobs et al., Peters et al. and Lankhaar et al. does not disclose the stunning medium is additionally and separately circulated in a lower region of the stunning chamber, in the second, lower chamber portion, and at least part of the stunning medium is suctioned out of the second, lower chamber portion and returned into the second, lower chamber portion, to provide the upper chamber portion with the first gas concentration of the stunning gas and the lower chamber portion with the second gas concentration than is higher than the first gas concentration.. Lang et al. does disclose the stunning medium is additionally and separately circulated in a lower region of the stunning chamber – see at 26 in figure 2, in the second, lower chamber portion – see figure 2, and at least part of the stunning medium is suctioned out of the second, lower chamber portion – at 26, and returned into the second, lower chamber portion, to provide the upper chamber portion with the first gas concentration of the stunning gas and the lower chamber portion with the second gas concentration than is higher than the first gas concentration – see gas flow in figure 2 and see paragraphs [0025] and [0042]-[0047]. Therefore it would have been obvious to one of ordinary skill in the art to take the method of Thulin et al. as modified by Jacobs et al., Peters et al. and Lankhaar et al. and add the gas circulation in the lower region of the stunning chamber as disclosed by Lang et al., so as to yield the predictable result of ensuring proper gas flow through the device as desired.
Claim(s) 52 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thulin et al. as modified by Jacobs et al., Peters et al. and Lankhaar et al. as applied to claim 46 above, and further in view of Thrane et al.
Referring to claim 52, Thulin et al. a modified by Jacobs et al., Peters et al. and Lankhaar et al. does not disclose the ventilation system including one or more suction nozzles arranged inside the at least one stunning shaft, one or more return nozzles arranged inside the at least one stunning shaft and one or more pipes arranged inside the at least one stunning shaft. Thrane et al. does disclose the ventilation system including one or more suction nozzles – at 20 connected to pipes 18 or 25, arranged inside the at least one stunning shaft – at 10,19 – see figures 1-3, one or more return nozzles – at 20 connected to the other of pies 18 or 25, arranged inside the at least one stunning shaft – at 10,19 – see figures 1-3, and one or more pipes – at 18 and 25, arranged inside the at least one stunning shaft – at 10,19 – see figures 1-3. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Thulin et al. as modified by Jacobs et al., Peters et al. and Lankhaar et al. and add the nozzles and pipes inside the stunning shaft of Thrane et al., so as to yield the predictable result of ensuring animals of different sizes and orientations receive sufficient stunning gas as desired.
Response to Arguments
3. Applicant’s claim amendments and remarks/arguments dated 2-12-26 obviates the 35 U.S.C. 112(b) rejections of claims 28, 31-32, 34-35, 37, 39 and 44 detailed in the last office action dated 12-17-25.
Regarding the prior art rejections of claim 27, applicant’s claim amendments and remarks/arguments dated 2-12-26 obviates the 35 U.S.C. 103 rejections detailed in the last office action dated 12-17-25. However, applicant’s claim amendments dated 2-12-26 necessitates the new grounds of rejection detailed earlier in paragraph 2 of this office action.
Regarding the prior art rejections of claim 46, applicant’s claim amendments and remarks/arguments dated 2-12-26 obviates the 35 U.S.C. 103 rejections detailed in the last office action. However, applicant’s claim amendments dated 2-12-26 necessitates the new grounds of rejection detailed earlier in paragraph 2 of this office action.
Regarding the prior art rejections of claims 28-34, 36, 38-39, 41-42, 44-45, 47-52 and 54, applicant relies upon the same arguments with respect to parent claims 27 or 46 discussed earlier.
Regarding the prior art rejections of claim 53, item 12 of the Rinklake et al. reference US 2025/0082454 has an extended length and therefore is elongate and is in a rounded bar shape as seen in figure 2 and therefore is considered a bar as claimed as detailed earlier in paragraph 2 of this office action.
Conclusion
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/DAVID J PARSLEY/Primary Examiner, Art Unit 3643
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