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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4-16-26 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) 19-21, 23-33 and 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP Patent No. 3417712 to Conan in view of U.S. Patent No. 5,487,699 to Tyrell et al., further in view of U.S. Patent No. 5,643,072 to Lankhaar et al. and further in view of DE Patent No. 102012100480 to Schmidt et al.
Referring to claims 19, 20 and 21, Conan discloses an anesthetization apparatus for anesthetization of slaughter animals prior to slaughter, wherein the anesthetization apparatus comprises, a receiving section – at 103, configured to receive one or more pre-filled boxes, each pre-filled box containing one or more slaughter animals – see transport crates not shown in the drawings but detailed in paragraph [0036] of the English translation, an anesthetization compartment – at 102, a transport mechanism – at 100a,101a, for transporting the received one or more boxes between the receiving section – at 103, and the anesthetization compartment – at 102 – see figures 2-3, and a removal mechanism – at 102a, for removing the one or more boxes from the anesthetization compartment – at 102 – see figures 2-3, wherein the anesthetization apparatus further comprises a stress-reducing compartment – at 100, configured for receiving the one or more boxes from the receiving section – at 103 – see figures 2-3, and for accommodating the one or more boxes for a period of time for calming the slaughter animals in the received box before anesthetizing – see paragraphs [0071]-[0075] of the English translation where oxygen is present in compartment 100 so as to keep the animals from panicking, and wherein the transport mechanism – at 100a,101a, is configured to transport the one or more boxes between the receiving section – at 103, and the stress-reducing compartment – at 100 – see at 100a in figures 2-3, and from the stress-reducing compartment – at 100, to the anesthetization compartment – at 102 – see at 101a in figures 2-3. Regarding the 35 U.S.C. 112(f) analysis, Conan discloses the transport mechanism is a conveyor/conveyor system – at 100a,101a consistent with applicant’s disclosure as seen in paragraph 4 of this office action, and the removal mechanism – at 102a is a conveyor consistent with applicant’s disclosure as seen in paragraph 4 of this office action. Conan further discloses the receiving section is arranged at a first level – see at 103 in figures 2-3, but does not disclose the transport mechanism comprises, a first elevating mechanism for elevating the one or more boxes from the first level to a second level higher than the first level, and a second elevating mechanism for lowering a box from second level into the anesthetization compartment, wherein the anesthetization compartment is optionally arranged at the first level. Tyrrell et al. does disclose the transport mechanism comprises, a first elevating mechanism – at 23 or 32, for elevating the one or more boxes from the first level to a second level higher than the first level – see figures 1 and 3-4, and a second elevating mechanism – at other of 23 or 32, for lowering a box from second level into the anesthetization compartment – at 10 – see figures 1 and 3-4, wherein the anesthetization compartment is optionally arranged at the first level – see 10 at the same level as 20 in figure 1. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Conan and add the elevating mechanisms of Tyrrell et al., so as to yield the predictable result of stunning the animals at a safe location from the operators of the device as desired. Regarding the 35 U.S.C. 112(f) analysis of the first and second elevating mechanisms, Tyrrell et al. discloses these mechanism – at 23 and 32 are lifts which is consistent with applicant’s disclosure as detailed in paragraph 4 of this office action. Conan as modified by Tyrell et al. further disclose a divider between the compartments – see at 111 or 121a and J of Conan, but does not disclose the compartment divider configured to prevent gas flow between the stress-reducing compartment and the anesthetization compartment. Lankhaar et al. does disclose the compartment divider – at 22, configured to prevent gas flow between the stress-reducing compartment and the anesthetization compartment – at 23,33 – see figures 1 and 2a and column 4 lines 29-35. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Conan as modified by Tyrell et al. and add the divider preventing gas flow between the compartments as disclosed by Lankhaar et al., so as to yield the predictable result of preventing the gases from escaping the device as desired. Conan as modified by Tyrell et al. and Lankhaar et al. further discloses a transitional compartment – at 101, shaped and sized to accommodate the one or more boxes – see figures 2-3 of Conan, and wherein the transport mechanism – at 100a,101a, is configured to transport the one or more boxes from the stress-reducing compartment – at 100, to the transitional compartment – at 101 – see at 100a in figures 2-3 of Conan, and from the transitional compartment – at 101, to the anesthetization compartment – at 102 – see at 101a in figures 2-3 of Conan, and the transitional compartment – at 101, is arranged at the same level as, and adjacent to the stress reducing compartment – at 100 – see figures 2-3 of Conan. Conan as modified by Tyrell et al. and Lankhaar et al. does not disclose the anesthetization compartment is arranged at a lower level than the stress-reducing compartment, and the transitional compartment is arranged at the same level as, and adjacent to, the stress-reducing compartment. Schmidt et al. does disclose the anesthetization compartment – at B, is arranged at a lower level than the stress-reducing compartment – at A – see the drawing figure. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Conan as modified by Tyrell et al. and Lankhaar et al. and add the anesthetization compartment arranged at a lower level than the stress reducing compartment as disclosed by Schmidt, so as to yield the predictable result of ensuring isolation of the atmospheres in the anesthetization and stress reducing compartments as desired.
Referring to claim 24, Conan as modified by Tyrell et al., Lankhaar et al. and Schmidt et al. further discloses the transport mechanism comprises a horizontal transport mechanism – at 100a, having a horizontal conveyor – at 100a, configured to move the one or more boxes horizontally between the stress-reducing compartment – at 100, and the transitional compartment – at 101 – see figures 2-3 of Conan.
Referring to claim 25, Conan as modified by Tyrell et al., Lankhaar et al. and Schmidt et al. further discloses the removal mechanism – at 102a, is configured to transport the one or more boxes from the anesthetization compartment – at 102, via the transitional compartment – at 101, to an exit port of the apparatus – at 104 – see figures 2-3 of Conan.
Referring to claim 26, Conan as modified by Tyrell et al., Lankhaar et al. and Schmidt et al. further discloses a passageway between the stress-reducing compartment – at 100, and the transitional compartment – at 101 – see area between 100,101 in figure 3 of Conan, the passageway being sized and shaped to allow passage of the one or more boxes from the stress-reducing compartment – at 100, to the transitional compartment – at 101 – see figures 2-3 of Conan, and wherein the anesthetization apparatus further comprises a compartment divider – at walls of 111 or 121a and J, configured to selectively block the passageway between the stress-reducing compartment – at 100, and the transitional compartment – at 101 – see figures 2-3 of Conan.
Referring to claim 27, Conan discloses an anesthetization apparatus for anesthetizing slaughter animals prior to slaughter, wherein the anesthetization apparatus comprises, a receiving section – at 103, configured to receive one or more slaughter animals in one or more boxes – see transport crates not shown in the drawing figures but detailed in paragraph [0036] of the English translation, an anesthetization compartment – at 102, a transport mechanism – at 100a,101a, for transporting the one or more boxes between the receiving section – at 103, and the anesthetization compartment – at 102 – see at 100a,101a in figures 2-3, and a removal mechanism – at 102a, for removing the one or more boxes from the anesthetization compartment – at 102 – see figures 2-3, a stress-reducing compartment – at 100, configured for receiving the one or more boxes from the receiving section – at 103 – see at 100a in figures 2-3, accommodating the one or more boxes for a period of time for calming the slaughter animals in the one or more boxes before anesthetizing – see paragraphs [0071]-[0075] of the English translation where oxygen is present in compartment 100 so as to keep the animals from panicking, and a transitional compartment – at 101, shaped and sized to accommodate the one or more boxes – see figures 2-3, wherein the transport mechanism – at 100a,101a, is configured to transport the one or more boxes between the receiving section – at 103, and the stress-reducing compartment – at 100 – see at 100a in figures 2-3, from the stress- reducing compartment – at 100, to the transitional compartment – at 101 – see at 100a,101a in figures 2-3, and from the transitional compartment – at 101, to the anesthetization compartment – at 102 – see at 101a in figures 2-3, wherein the transitional compartment – at 101, is separated from the stress-reducing compartment – at 100, by a compartment divider – see walls – at 111 or 121a and J, configured to selectively block a passageway between the stress-reducing compartment – at 100, and the transitional compartment – at 101 – see figures 2-3. Regarding the 35 U.S.C. 112(f) analysis, Conan discloses the transport mechanism is a conveyor/conveyor system – at 100a,101a consistent with applicant’s disclosure as seen in paragraph 4 of this office action, and the removal mechanism – at 102a is a conveyor consistent with applicant’s disclosure as seen in paragraph 4 of this office action. Conan further discloses the receiving section is arranged at a first level – see at 103 in figures 2-3, but does not disclose the transport mechanism comprises, a first elevating mechanism for elevating the one or more boxes from the first level to a second level higher than the first level, and a second elevating mechanism for lowering a box from second level into the anesthetization compartment, wherein the anesthetization compartment is optionally arranged at the first level. Tyrrell et al. does disclose the transport mechanism comprises, a first elevating mechanism – at 23 or 32, for elevating the one or more boxes from the first level to a second level higher than the first level – see figures 1 and 3-4, and a second elevating mechanism – at other of 23 or 32, for lowering a box from second level into the anesthetization compartment – at 10 – see figures 1 and 3-4, wherein the anesthetization compartment is optionally arranged at the first level – see 10 at the same level as 20 in figure 1. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Conan and add the elevating mechanisms of Tyrrell et al., so as to yield the predictable result of stunning the animals at a safe location from the operators of the device as desired. Regarding the 35 U.S.C. 112(f) analysis of the first and second elevating mechanisms, Tyrrell et al. discloses these mechanism – at 23 and 32 are lifts which is consistent with applicant’s disclosure as detailed in paragraph 4 of this office action. Conan as modified by Tyrell et al. further disclose a divider between the compartments – see at 111 or 121a and J of Conan, but does not disclose the compartment divider configured to prevent gas flow between the stress-reducing compartment and the anesthetization compartment. Lankhaar et al. does disclose the compartment divider – at 22, configured to prevent gas flow between the stress-reducing compartment and the anesthetization compartment – at 23,33 – see figures 1 and 2a and column 4 lines 29-35. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Conan as modified by Tyrell et al. and add the divider preventing gas flow between the compartments as disclosed by Lankhaar et al., so as to yield the predictable result of preventing the gases from escaping the device as desired. Conan as modified by Tyrell et al. and Lankhaar et al. further discloses the transitional compartment – at 101, is arranged at the same level as, and adjacent to the stress reducing compartment – at 100 – see figures 2-3 of Conan. Conan as modified by Tyrell et al. and Lankhaar et al. does not disclose the anesthetization compartment is arranged at a lower level than the stress-reducing compartment, and the transitional compartment is arranged at the same level as, and adjacent to, the stress-reducing compartment. Schmidt et al. does disclose the anesthetization compartment – at B, is arranged at a lower level than the stress-reducing compartment – at A – see the drawing figure. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Conan as modified by Tyrell et al. and Lankhaar et al. and add the anesthetization compartment arranged at a lower level than the stress reducing compartment as disclosed by Schmidt, so as to yield the predictable result of ensuring isolation of the atmospheres in the anesthetization and stress reducing compartments as desired.
Referring to claim 28, Conan as modified by Tyrell et al., Lankhaar et al. and Schmidt et al. further discloses means for dispensing an anesthetizing gas being nozzles or gas outlet openings, into the anesthetization compartment – at 102 – see introduction of gas detailed in paragraphs [0054]-[0060] of the English translation of Conan, where there would have to have a nozzle or outlet opening for releasing the gas from the gas source into the anesthetization chamber during operation.
Referring to claim 29, Conan as modified by Tyrell et al., Lankhaar et al. and Schmidt et al. further discloses the anesthetization compartment – at 102, has a bottom and one or more side walls – see at 102 in figures 2-3 of Conan, and defines one or more upwardly open entrance and/or exit openings – see entrance opening proximate 101 and exit opening proximate 104 in figures 2-3 of Conan, configured to allow the boxes to enter and/or exit the anesthetization compartment – at 102 – see figures 2-3 of Conan, and wherein the anesthetization compartment – at 102, comprises an access door – at 112, in the one or more side walls – see figure 2 and paragraphs [0054]-[0060] of the English translation of Conan, and/or a transparent window portion in said one or more side walls – these claim limitations are not required by the claim given the “or” portion of the and/or clause.
Referring to claim 30, Conan discloses an anesthetization apparatus for anesthetizing slaughter animals prior to slaughter, wherein the anesthetization apparatus comprises, a receiving section – at 103, configured to receive one or more slaughter animals in one or more boxes – see transport crates not shown in the drawings but detailed in paragraph [0036] of the English translation, a anesthetization compartment – at 102, a transport mechanism – at 100a,101a, for transporting the one or more boxes between the receiving section – at 103, and the anesthetization compartment – at 102 – see figures 2-3, and a removal mechanism – at 102a, for removing the one or more boxes from the anesthetization compartment – at 102 – see figures 2-3, wherein the anesthetization compartment – at 102, has a bottom and one or more side walls – see at 102 in figures 2-3, and defines one or more upwardly open entrance and/or exit openings – see entrance and exit openings at each side of 102 in figures 2-3, configured to allow the boxes to enter and/or exit the anesthetization compartment – at 102 – see figures 2-3, and wherein the anesthetization compartment – at 102, further comprises an access door – at 112 – see figures 2-3 and paragraphs [0054]-[0060], and/or a transparent window portion in said one or more side walls – these claim limitations are not required by the claim given the “or” portion of the and/or clause. Regarding the 35 U.S.C. 112(f) analysis, Conan discloses the transport mechanism is a conveyor/conveyor system – at 100a,101a consistent with applicant’s disclosure as seen in paragraph 4 of this office action, and the removal mechanism – at 102a is a conveyor consistent with applicant’s disclosure as seen in paragraph 4 of this office action. Conan further discloses the receiving section is arranged at a first level – see at 103 in figures 2-3, but does not disclose the transport mechanism comprises, a first elevating mechanism for elevating the one or more boxes from the first level to a second level higher than the first level, and a second elevating mechanism for lowering a box from second level into the anesthetization compartment, wherein the anesthetization compartment is optionally arranged at the first level. Tyrrell et al. does disclose the transport mechanism comprises, a first elevating mechanism – at 23 or 32, for elevating the one or more boxes from the first level to a second level higher than the first level – see figures 1 and 3-4, and a second elevating mechanism – at other of 23 or 32, for lowering a box from second level into the anesthetization compartment – at 10 – see figures 1 and 3-4, wherein the anesthetization compartment is optionally arranged at the first level – see 10 at the same level as 20 in figure 1. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Conan and add the elevating mechanisms of Tyrrell et al., so as to yield the predictable result of stunning the animals at a safe location from the operators of the device as desired. Regarding the 35 U.S.C. 112(f) analysis of the first and second elevating mechanisms, Tyrrell et al. discloses these mechanism – at 23 and 32 are lifts which is consistent with applicant’s disclosure as detailed in paragraph 4 of this office action. Conan as modified by Tyrell et al. further disclose a divider between the compartments – see at 111 or 121a and J of Conan, but does not disclose the compartment divider configured to prevent gas flow between the stress-reducing compartment and the anesthetization compartment. Lankhaar et al. does disclose the compartment divider – at 22, configured to prevent gas flow between the stress-reducing compartment and the anesthetization compartment – at 23,33 – see figures 1 and 2a and column 4 lines 29-35. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Conan as modified by Tyrell et al. and add the divider preventing gas flow between the compartments as disclosed by Lankhaar et al., so as to yield the predictable result of preventing the gases from escaping the device as desired. Conan as modified by Tyrell et al. and Lankhaar et al. further discloses a transitional compartment – at 101, shaped and sized to accommodate the one or more boxes – see figures 2-3, paragraph [0036] of the English translation, and see at C in figure 5 of Conan, and the transitional compartment – at 101, is arranged at the same level as, and adjacent to the stress reducing compartment – at 100 – see figures 2-3 of Conan. Conan as modified by Tyrell et al. and Lankhaar et al. does not disclose the anesthetization compartment is arranged at a lower level than the stress-reducing compartment, and the transitional compartment is arranged at the same level as, and adjacent to, the stress-reducing compartment. Schmidt et al. does disclose the anesthetization compartment – at B, is arranged at a lower level than the stress-reducing compartment – at A – see the drawing figure. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Conan as modified by Tyrell et al. and Lankhaar et al. and add the anesthetization compartment arranged at a lower level than the stress reducing compartment as disclosed by Schmidt, so as to yield the predictable result of ensuring isolation of the atmospheres in the anesthetization and stress reducing compartments as desired.
Referring to claim 31, Conan as modified by Tyrell et al., Lankhaar et al. and Schmidt et al. further discloses the stress-reducing compartment comprises one or more of, means for providing a stress-reducing gas atmosphere, including a dispensing system configured for dispensing an additive, in the stress-reducing compartment – at 100 – see dispensing of gas detailed in paragraphs [0054]-[0060] in the English translation of Conan, a sound insulated enclosure for accommodating the one or more boxes, a sound system for playing stress-reducing audio content – these limitations are not required by the claim given the “one or mor of” phrase in the claim, an illumination system for providing stress-reducing illumination, a dispensing system for dispensing a stress-reducing smell additive – these claim limitations are not required by the claim given the “one or more of” phrase in the claim. Regarding the 35 U.S.C. 112(f) analysis, Conan discloses a dispensing system for dispensing the gas as seen in paragraphs [0054]-[0060] and therefore is at least a functional equivalent to applicant’s disclosed dispensing system being a gas circulation system which implies tubing/piping and associated pump/blower, since it provides similar function of releasing gas into the stress-reducing compartment.
Referring to claim 32, Conan as modified by Tyrell et al., Lankhaar et al. and Schmidt et al. further discloses the stress-reducing compartment – at 100, and/or the anesthetization compartment – at 102, is shaped and sized to accommodate a plurality of boxes concurrently – see figures 2-3 of Conan, where the compartments – at 100,102 are capable of performing these functional limitations in that these compartments are capable receiving multiple boxes depending on the size of the boxes.
Referring to claim 33, Conan as modified by Tyrell et al. and Lankhaar et al. does not disclose the stress-reducing compartment is arranged above the receiving section. Schmidt et al. does disclose the stress-reducing compartment – at A, is arranged above the receiving section – at 35, as seen in the lone drawing figure. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Conan as modified by Tyrell et al. and Lankhaar et al. and add the stress-reducing compartment above the receiving section as disclosed by Schmidt et al., so as to yield the predictable result of stunning the animals at a safe location from the operators of the device as desired.
Referring to claim 35, Conan as modified by Tyrell et al., Lankhaar et al. and Schmidt et al. further discloses optionally further comprising, a lairage section for accommodating one or more boxes – section not shown but connected at inlet of 103 as seen in figures 2-3 of Conan, each box containing one or more slaughter animals – see paragraph [0036] of Conan, and a transport mechanism configured to transport a box from the lairage section to the receiving section of the anesthetization apparatus – see at D in figures 2-3 of Conan where the boxes are transported to and along 103. Regarding the 35 U.S.C. 112(f) analysis Conan discloses transporting of the boxes as seen – at D, and this would at least be a functional equivalent to applicant’s claimed transport mechanism in given the 112f and associated 112b analysis detailed earlier in paragraphs 2-3 of this office action.
Claim(s) 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Conan as modified by Tyrell et al., Lankhaar et al. and Schmidt et al. as applied to claim 19 above, and further in view of WO No. 2021/165279 to Lykke et al.
Referring to claim 34, Conan as modified by Tyrell et al., Lankhaar et al. and Schmidt et al. does not disclose means for supplying the anesthetization compartment and/or the stress-reducing compartment with at least one smell additive. Lykke et al. does disclose means – at 220-223 with nozzles, for supplying the anesthetization compartment – at 200, and/or the stress-reducing compartment with at least one smell additive – see figure 3 and see pages 8-10. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Conan as modified by Tyrell et al., Lankhaar et al. and Schmidt et al. and add the smell additive of Lykke et al., so as to yield the predictable result of reducing movement of the animals during the stunning process as desired.
Claim(s) 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Conan in view of Lankhaar et al. and further in view of Schmidt et al.
Referring to claim 36, Conan discloses a method for anesthetization of slaughter animals prior to slaughter, wherein the method comprises, receiving a pre-filled box containing one or more slaughter animals – see at 103 and paragraph [0036], transporting the received box to a stress-reducing compartment – at 100 – see 100a in figures 2-3, accommodating the box inside the stress-reducing compartment for a period of time – see at 100 in figures 2-3 and paragraphs [0070]-[0075] of the English translation, transporting the box between the stress-reducing compartment – at 100, to an anesthetization compartment – at 102 – see at 100a,101a in figures 2-3, anesthetizing the animals, by exposing the animals to an anesthetic gas – see at 102 in figures 2-3 and paragraphs [0077]-[0078] of the English translation, removing the box with the anesthetized animals from the anesthetization compartment – at 104 – see figures 2-3. Conan further discloses a divider between the compartments – see at 111 or 121a and J of Conan, but does not disclose the compartment divider configured to prevent gas flow between the stress-reducing compartment and the anesthetization compartment. Lankhaar et al. does disclose the compartment divider – at 22, configured to prevent gas flow between the stress-reducing compartment and the anesthetization compartment – at 23,33 – see figures 1 and 2a and column 4 lines 29-35. Therefore it would have been obvious to one of ordinary skill in the art to take the method of Conan and add the divider preventing gas flow between the compartments as disclosed by Lankhaar et al., so as to yield the predictable result of preventing the gases from escaping the device as desired. Conan as modified by Lankhaar et al. does not disclose the anesthetization compartment is arranged at a level below the stress-reducing compartment to prevent anesthetizing gas from entering the stress-reducing compartment. Schmidt et al. does disclose the anesthetization compartment – at B, is arranged at a level below the stress-reducing compartment – at A – see the drawing figure, to prevent anesthetizing gas from entering the stress-reducing compartment – see figure 1 and the English abstract. Therefore it would have been obvious to one of ordinary skill in the art to take the method of Conan as modified by Lankhaar et al. and add the anesthetization compartment is arranged below the stress-reducing compartment as disclosed by Schmidt et al., so as to yield the predictable result of stunning the animals at a safe location from the operators of the device as desired. Conan as modified by Lankhaar et al. and Schmidt et al. further discloses a transitional compartment – at 101, is arranged at the same level as, and adjacent to the stress reducing compartment – at 100 – see figures 2-3 of Conan. Conan as modified by Lankhaar et al. does not disclose the anesthetization compartment is arranged at a lower level than the stress-reducing compartment, and the transitional compartment is arranged at the same level as, and adjacent to, the stress-reducing compartment. Schmidt et al. does disclose the anesthetization compartment – at B, is arranged at a lower level than the stress-reducing compartment – at A – see the drawing figure. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Conan as modified by Tyrell et al. and Lankhaar et al. and add the anesthetization compartment arranged at a lower level than the stress reducing compartment as disclosed by Schmidt, so as to yield the predictable result of ensuring isolation of the atmospheres in the anesthetization and stress reducing compartments as desired. Further, the claim limitations of the anesthetization compartment at a lower level than the stress reducing compartment as seen in the last three lines of claim 36 are redundant in that these claim limitations are already claimed in lines 10-12 of claim 36.
Claim(s) 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Conan as modified by Tyrell et al., Lankhaar et al. and Schmidt et al. as applied to claim 19 above, and further in view of Thulin et al.
Referring to claim 37, Conan as modified by Tyrell et al., Lankhaar et al. and Schmidt et al. does not disclose the anesthetizing gas has a higher specific weight than a relaxation gas present in the stress-reducing compartment, and wherein relative vertical arrangement of the anesthetization compartment and the stress-reducing compartment is configured to reduce spread of the anesthetizing gas into the stress-reducing compartment. Thulin et al. does disclose the anesthetizing gas has a higher specific weight – at the bottom of 1,21, than a relaxation gas present in the stress-reducing compartment – at the top of 1,21 see figure 1 and column 6 lines 6-33, and wherein relative vertical arrangement of the anesthetization compartment and the stress-reducing compartment is configured to reduce spread of the anesthetizing gas into the stress-reducing compartment – see figure 1 and column 6 lines 6-36. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Conan as modified by Tyrell et al., Lankhaar et al. and Schmidt et al. and add the anesthetization gas and relaxation gases having different specific weights and the anesthetization compartment and stress-reducing compartment in vertical arrangement as disclosed by Thulin et al., so as to yield the predictable result of administering the gases to the animals at different stages of processing as desired.
Claim(s) 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Conan as modified by Lankhaar et al. and Schmidt et al. as applied to claim 36 above, and further in view of U.S. Patent No. 7,771,255 to Cattaruzzi.
Referring to claim 38, Conan as modified by Lankhaar et al. and Schmidt et al. further discloses the step of removing the box – see paragraph [0036] of the English translation of Conan, with the anesthetized animals from the anesthetization compartment – at 102, includes transporting the box with the anesthetized animals from the anesthetization compartment – at 102 – see figures 2-3 of Conan. Conan as modified by Lankhaar et al. and Schmidt et al. does not disclose transporting the box from the anesthetization compartment into the transitional compartment. Cattaruzzi does disclose transporting the box – at 27, from the anesthetization compartment – at 10, into the transitional compartment – see proximate 19 directly after 10 in figures 2-3. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Conan as modified by Lankhaar et al. and Schmidt et al. and add the transporting of the box from the anesthetization compartment into the transitional compartment as disclosed by Cattaruzzi, so as to yield the predictable result of more effectively moving the box into different processing areas after being treated in the anesthetization compartment as desired.
Response to Arguments
3. Applicant’s claim amendments, amendments to the specification and remarks/arguments dated 4-16-26 obviates the 35 U.S.C. 112(b) rejections detailed in the last office action dated 12-17-25.
Regarding the prior art rejections of claims 19, 27, 30, 33 and 36, the Conan reference EP 3417712 discloses the claim limitations of a transitional compartment – at 101, is arranged at the same level as, and adjacent to the stress reducing compartment – at 100 – see figures 2-3 of Conan. Further, the Schmidt et al. reference DE 102012100480 discloses the anesthetization compartment – at B, is arranged at a lower level than the stress-reducing compartment – at A – see the drawing figure. The combination of these references renders the claims obvious as detailed earlier in paragraph 2 of this office action.
Regarding the prior art rejections of claims 20-21, 24-26, 28-29, 31-32, 34-35 and 37, applicant relies upon the same arguments with respect to claims 19, 27, 30, 33 and 36 discussed earlier.
Conclusion
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/DAVID J PARSLEY/Primary Examiner, Art Unit 3643
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