Detailed Action
Amendment
1. This office action is in response to applicant’s amendments dated 11-7-25 and this office action is a final rejection.
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
2. 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 28, 31-39, 41-42 and 44 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 28 is 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. It is unclear to whether the nozzle, pump, drive, feed pipe, discharge pipe and reservoir detailed in claim 28 are the same or different than the nozzle, pump, drive, feed pipe, discharge pipe and reservoir detailed with respect to the ventilation system in parent claim 27.
Claim 31 is 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. It is unclear to whether the drive, pump and suction nozzle detailed in line 5 of claim 31 is the same or different than the nozzle, drive and pump detailed with respect to the ventilation system in parent claim 27. Further, it is unclear to whether the drive and pump detailed in line 9 of claim 31 is the same or different than the drive and pump detailed in line 5 of claim 31 and is the same or different than the drive and pump detailed with respect to the ventilation system in parent claim 27.
Claim 32 is 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. It is unclear to whether the circuit detailed in claim 32 is the same or different than the first pipe circuit detailed in parent claim 29.
Claim 34 is 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. It is unclear to whether the at least one drive detailed in claim 34 is the same or different than the drive detailed in parent claim 31.
Claim 35 is 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. It is unclear to whether the at least one suction nozzle detailed in claim 35 is the same or different than the suction nozzle detailed in parent claim 31.
Claim 37 recites the limitations "the means for suctioning" in line 2 and “the means for returning” in line 2. There is insufficient antecedent basis for these limitations in the claim.
Claim 39 is 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. It is unclear to whether the suction nozzle detailed in claim 39 is the same or different than the suction nozzle detailed in parent claim 38.
Claim 44 is 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 44 depends from canceled claim 40 and therefore it is unclear from which claim it is to depend from.
Claim Rejections - 35 USC § 103
3. 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) 27-39, 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. and 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).
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.
Referring to claim 28, Thulin et al. as modified by Jacobs et al. and Rinklake et al. further discloses the ventilation system comprises a nozzle, 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. and Rinklake 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. 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 30, Thulin et al. as modified by Jacobs et al. and Rinklake 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. 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 31, Thulin al. as modified by Jacobs et al. further discloses each of the at least first and at least second pipe circuits comprises at least pipes for conducting the stunning medium – see at 7-9, 15-17, 26 and 27 in figures 1-2 of Jacobs et al., each pipe comprising, at least one of a drive, pump or suction nozzle 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 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 drive or pump 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. 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. Thulin et al. as modified by Jacobs et al. and Rinklake 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. and Rinklake 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. and Rinklake et al. further discloses there are associated with each pipe, a circuit configure to supply stunning gas and/or ambient air into the pipes – see at 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. 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 33, Thulin et al. as modified by Jacobs et al. and Rinklake et al. further discloses each pipe 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. 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 34, Thulin et al. as modified by Jacobs et al. and Rinklake et al. further discloses there is associated with each pipe at least one drive for suctioning the stunning medium into the pipe and returning the stunning medium from the pipe – see at 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. 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 35, Thulin et al. as modified by Jacobs et al. and Rinklake et al. further discloses at least one suction nozzle – see inlets/outlets of 12,19,29,36 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. 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 36, Thulin et al. as modified by Jacobs et al. and Rinklake et al. further discloses the or each suction nozzle 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. 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 37, Thulin et al. as modified by Jacobs et al. and Rinklake et al. further discloses the pipes each connect together the means for suctioning and the means for returning in each case by the shortest possible path – see at 7-12, 15-20, 26 and 27 in figures 1-2 of Jacobs et al. where the pipe path is a short path in relation to the stunning chamber. 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. 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 38, Thulin et al. as modified by Jacobs et al. and Rinklake 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 drive, pump or suction nozzle 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. and Rinklake et el. 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 a suction nozzle – 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. and Rinklake 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. and Rinklake et al. further discloses the return nozzle 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. 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 42, Thulin et al. as modified by Jacobs et al. and Rinklake et al. further discloses the one or more of the nozzle, pump, drive, feed pipe, discharge pipe, or reservoir configured for changing the gas concentration of the stunning gas is associated with the return nozzle – 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. and Rinklake et al. further discloses there is arranged in a region of the return nozzle 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. and Rinklake 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. and Rinklake et al. further discloses the ventilation system comprises 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. 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. and Rinklake et al. further discloses 53, 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. and further in view of U.S. Patent No. 10,085,459 to Peters 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 – 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.
Referring to claim 48, Thulin et al. as modified by Jacobs et al. and Peters 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. and Peters 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. and Peters 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. and Peters 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. and Peters 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. and Peters 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. and Peters 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. and Peters et al. as applied to claim 46 above, and further in view of Rinklake et al.
Referring to claim 52, Thulin et al. a modified by Jacobs et al. and Peters 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 Peters 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.
Response to Arguments
4. Applicant’s claim amendments and remarks/arguments dated 11-7-25 obviates the 35 U.S.C. 112(b) rejections of claims 27-45 and 52 detailed in the last office action dated 8-11-25.
Applicant’s claim amendments and remarks/arguments dated 11-7-25 obviates the 35 U.S.C. 103 rejections of claims 27-52 detailed in the last office action dated 8-11-25. However, applicant’s claim amendments dated 11-7-25 necessitates the new grounds of rejection detailed earlier in paragraph 3 of this office action.
Regarding new claims 53 and 54, see the new grounds of rejection detailed earlier in paragraph 3 of this office action.
Conclusion
5. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J PARSLEY whose telephone number is (571)272-6890. The examiner can normally be reached Monday-Friday, 8am-4pm EST.
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, Peter Poon can be reached at (571) 272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID J PARSLEY/Primary Examiner, Art Unit 3643
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