DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice to Applicant
Claims 31-33, 36, 38-41, 44-51 have been examined in this application. This communication is a final rejection in response to the “Amendments to the claims” and “Remarks” filed 12/23/2025.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first transport mechanism, box arrest stationed arranged at positioned along the first transport path, water supply mechanism that is configured to move to a selected box location, each box arrest station forming part of or is connected to the first transport mechanism, and second transport mechanism must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 33 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 33 fails to comply with the written description requirement because there is no disclosure of the water supply mechanism both being mounted to the platform (as required by claim 31, on which claim 33 depends) while also being configured to move to a selected box located at a position or moving along said first transport path. The specification describes either a mechanism mounted to the platform (as shown in Figure 2), or one that moves to a selected box (such as by a robot), but not both.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 33 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 33 is indefinite because it is unclear how the water supply mechanism can both be mounted to the platform (as required by claim 31, on which claim 33 depends) while also being configured to move to a selected box located at a position or moving along said first transport path.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 31-33, 36, 38-41, 44-51 are rejected under 35 USC 103 as being obvious over US Patent Application Number 2017/0035030 by Thrane in view of US Patent N umber 6,382,589 to Edstrom.
Regarding claim 31, Thrane discloses a slaughtering system comprising:
a plurality of boxes, each box being configured to contain one or more slaughter animals (broiler transport containers 1);
a box loading area for loading animals into the boxes (paragraph 19 discloses “The broiler transport units are loaded with broilers on the farm”), and
a slaughtering facility comprising
a lairage system having a lairage area for temporarily storing the animals before slaughter (paragraph 153 discloses “a poultry slaughterhouse having a poultry lairage region for live poultry using at least one broiler container”);
an anesthetization section for anesthetizing the animals before slaughter (paragraph 107 discloses “The ventilation system is preferably designed and configured to ventilate the or each unit with a gas. The gas is understood as being any oxygen-containing and/or CO2-containing or other gas/gas mixture having a calming or stunning effect”);
a first transport mechanism provided for transporting the animals contained in the boxes along a first transport path from a the lairage area to the anesthetization section, the first transport mechanism comprising a vehicle or conveyor (truck 6);
wherein boxes containing one or more animals are transported in and/or temporarily stored in at least portions of the slaughtering system (the broiler containers are transported (paragraph 361 discloses a conveyor 71 for transport units 3 and paragraph 153 discloses paragraph 153 discloses temporarily storing the broiler containers), and
wherein the slaughtering system comprises one or more water supply mechanisms configured for supplying drinking water to boxes (water supply 765, see paragraph 371 and Figure 37), and
wherein the boxes and the water supply mechanisms are configured to couple in order to supply drinking water to the animals contained in the boxes (see Figure 37).
Thrane does not disclose one or more box arrest stations configured to store at least one box of the boxes, wherein the one or more box arrest stations are provided with one or more water supply mechanisms, wherein at least one box arrest station of the one or more box arrest stations comprises a platform for supporting at least one box of the boxes, and wherein at least one water supply mechanism of the one or more water supply mechanisms is mounted to the platform. However, these limitations are taught by Edstrom. Edstrom discloses a cage and rack system 20 configured to store cages 28 for animals with shelves 30 for supporting the cages and female fittings 152 of water manifold 26 comprising a supply mechanism that is mounted to the platform. It would be obvious to a person having ordinary skill in the art to modify Thrane using the teachings from Edstrom in order to provide temporary spaces to store the containers of Thrane without the need to keep a truck or trailer at the location.
Thrane and Edstrom do not disclose the box arrest stations arranged adjacent to an inlet of the anesthetization section, wherein the first transport path comprises the one or more box arrest stations arranged at positions along the first transport path, where a box may be stopped during transport. However, having disclosed a transport system for broiler containers and lairage regions for the poultry, it would be obvious to a person having ordinary skill in the art to position rack systems as taught by Edstrom to place the rack systems wherever is needed to accommodate lairage of the containers and to provide water to the animals in the containers.
Regarding claim 32 (dependent on claim 31), Thrane discloses a first transport mechanism provided for transporting animals along a first transport path from the lairage area to the anesthetization section in boxes (paragraph 134 discloses “After lairage, the units are preferably transferred from the transport trailer to a CAS (Controlled atmosphere stunning) apparatus”).
Edstrom further teaches the first transport path comprises one or more water supply mechanisms configured for coupling with said boxes (fittings 152 of water manifold 26).
Regarding claim 33 (dependent on claim 32), Edstrom, as best understood, further teaches a water supply mechanisms is configured to move to a selected box located at a position or moving along said first transport path. Water manifold 26 can be configured to move to a selected box by moving the rack 20 to the box.
Regarding claim 36 (dependent on claim 31), Thrane does not explicitly disclose a relaxation section is provided upstream of and adjacent to the anesthetization section, wherein the relaxation section is configured for receiving the animals in boxes from the lairage are, wherein the relaxation section is configured for calming the animals inside the boxes immediately before entering the anesthetization section. However, paragraph 106 discloses a calming chamber, and paragraph 182 discloses using a lower CO2 concentration so that the poultry is kept calmer during transport without actually being stunned. It would thus be obvious to a person having ordinary skill in the art to modify Thrane to using the calming chamber or lower CO2 concentration gas in order to keep the poultry calmer during different stages of transport until they reach the controlled atmosphere stunning apparatus.
Edstrom further teaches at least one box arrest station comprising a water supply mechanism configured for supplying drinking water to the animals contained in a box at the box arrest station (water manifold 26).
Regarding claim 38 (dependent on claim 31), Thrane discloses the lairage area is configured for storing the animals in boxes, wherein the lairage area comprises a water supply mechanism configured for supplying drinking water to boxes, and wherein the boxes and the water supply mechanisms are configured to couple to supply drinking water to animals, when contained in a box. Paragraph 133 discloses “wherein the units, after arrival at the slaughterhouse, remain on the transport trailer during lairage and the ventilation system is operated during lairage” and paragraph 371 discloses a water supply 765 for a stack of containers 701 during transport and storage.
Regarding claim 39 (dependent on claim 38), Thrane discloses at least one water supply mechanism is configured to move to a selected box located at a position in said lairage area and couple thereto, or for coupling to a box moving in said lairage area. As shown in Figure 37, water supply 765 can be configured to move to a selected box 701 by lining up the pipes of water supply 765 with the containers.
Regarding claim 40 (dependent on claim 38), Thrane discloses the lairage area comprising a plurality of box arrest stations, wherein each box arrest station is configured for storing a box (see units 703 of containers 701 in Figure 37), and wherein at least a portion of the plurality of box arrest stations is configured with a water supply mechanism configured for supplying drinking water to the animals contained in a box at the box arrest station (see connection between water supply 765 and containers 703).
Regarding claim 41 (dependent on claim 38), Thrane discloses the lairage system comprises a second transport mechanism for handling the boxes in the lairage area, the second transport mechanism including a vehicle or conveyor (trailers 6).
Regarding claim 44 (dependent on claim 43)¸ Thrane discloses the water supply mechanism comprises a water supply pipe movable relative to the platform and configured to couple with a box of the slaughtering system to supply drinking water into the box. Water supply 765 comprises a water supply pipe movable relative to containers 701 of unit 703 and is configured to couple with containers 701.
Regarding claim 45 (dependent on claim 44), Thrane and Edstrom do not explicitly disclose the water supply pipe is arranged on an arm of the water supply mechanism, said arm being moveably connected to the platform. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to make the locations of the female fittings 156 of Edstrom moveable to accommodate different sizes and locations of containers, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stevens, 101 USPQ 284 (CCPA 1954) .
Regarding claim 46 (dependent on claim 45), Edstrom further teaches the water supply pipe comprises a distal end insertable into a box when the box arrested on the platform (female fitting 152 being insertable into gromet 46 as seen in Figure 2).
Regarding claim 47 (dependent on claim 46), Edstrom further teaches the water supply pipe comprises a distal end (152 in Figure 2) connectable to a tube connection provided in the box (see Figure 2).
Regarding claim 48 (dependent on claim 31), Thrane as modified by Edstrom further teaches a box for containing one or more live slaughter animals prior to slaughter and for a slaughtering system according to claim 31 (see rejection of claim 31 above), wherein the box is provided with means for connecting to a drinking water supply external of the box (see Figure 2 of Edstrom).
Regarding claim 49 (dependent on claim 48), Edstrom further teaches the box comprises a pipe connection having a distal end extending into the box (58) and a proximal end extending out of the box (154), where the distal end is provided with a drinking nipple (watering valve 58 comprises a drinking nipple), and the proximal end is provided with a connection means configured for connecting the pipe to an external drinking water supply (see connection between 152 and 154).
Regarding claim 50 (dependent on claim 49), Thrane as modified by Edstrom further teaches the box comprises a water tank integrated in the box, and where the water tank is connectable to the drinking water supply external of the box, and is connected to a drinking nipple inside the box. Paragraph 370 of Thrane discloses a water container 750 provided in the containers 701, and Edstrom provides a teaching for an external water supply 26 connected to an animal cage and a watering valve 58 to allow the animals to drink.
Regarding claim 51 (dependent on claim 36), Thrane does not explicitly disclose the relaxation section is configured to provide an atmosphere having at least one of reduced oxygen and increased CO2 level while preventing anaesthetization of the animals. However, paragraph 106 discloses a calming chamber, and paragraph 182 discloses using a lower CO2 concentration so that the poultry is kept calmer during transport without actually being stunned. It would thus be obvious to a person having ordinary skill in the art to modify Thrane to using the calming chamber or lower CO2 concentration gas in order to keep the poultry calmer during different stages of transport until they reach the controlled atmosphere stunning apparatus.
Response to Arguments
Applicant's arguments filed 12/23/2025 have been fully considered but they are not persuasive.
Regarding the drawing objections, better defining the limitations does not change the fact that these limitations are not shown in the drawings. It is still unclear how the box arrest stations are positioned along the transport paths, how the boxes are transported from the transport system to the box arrest stations, how the water supply mechanism moves to a selected box location, or how it is all connected to the second transport mechanism.
Applicant’s arguments regarding the amended claims are moot in view of the current grounds of rejection.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL H WANG whose telephone number is (571)272-6554. The examiner can normally be reached 10-6:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Josh Michener can be reached at 571-272-1467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MICHAEL H. WANG
Primary Examiner
Art Unit 3642
/MICHAEL H WANG/Primary Examiner, Art Unit 3642
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