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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 36, 38. 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. 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.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The abstract of the disclosure is objected to because the word count exceeds 150 words (155). A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 2 and 12 are objected to because of the following informalities:
Claims 2 and 12 are missing the article “the” before “fan switch”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 7 and 17 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
Claim 7 recites “it” but it is unclear which “it” is referring to. Is it the at least one air channel, the airflow, or another component? Claim 17 has the same deficiency.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim 20 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eckert (US 3494331).
Regarding claim 20, Eckert teaches of (fig. 1) a system for controlling a feed level in a poultry feed network (abstract, livestock feeding apparatus that can be used to feed poultry), comprising:
a feed chute (line 7, inline let 3, conveying tube 14) coupled to receive feed from a feed source (hopper 5) via a feedline (passage from hopper 5 to the feed chute);
a feed pan (feed bunk 2) coupled to receive feed from the feed chute (col. 2 lines 16-25, receives feed from the feed chute), the feed pan comprising an airflow inlet (inlet opening that allows airflow from airflow inlet line 3 to feed pan 2);
a fan (blower 4) positioned adjacent to the feed pan (located nearby the feed pan 2) and operable to provide an airflow to an interior of the feed pan via the airflow inlet (3) (col. 2 lines 16-25, air stream from blower 4 to feed pan 2), wherein the airflow moves feed within the feed pan so that additional feed enters the feed pan from the feed chute, thereby lowering a level of feed within the feed chute (col. 2 lines 16-25, the air stream from the blower 4 moves from the blower 4 to the feed pan 2 such that the airflow would move feed within the feed pan and additional feed can enter the feed pan from the feed chute, lowering a level of feed within the feed chute); and
a user-operable fan switch (fig. 4, closed switch contacts 36) coupled to the fan (coupled to the fan 4) (col. 3 lines 20-36, a user can operate the fan switch 36 by using a start button 28 and stop button 29), switchable between at least two positions and operable to control operation of the fan, wherein the fan begins operation to provide the airflow when the fan switch is toggled to a first position, and wherein the fan stops operation to provide the airflow when the fan switch is toggled to a second position (col. 3 line 38-col. 4 line 3, switch 36 starts and stop the operation of fan 4 based on its two positions).
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 1-3, 7, 9, 11-13, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Eckert (US 3494331) in view of Sutton (US 3119526).
Regarding claim 1, Eckert teaches of (fig. 1) a system for controlling a feed level in a poultry feed network (abstract, livestock feeding apparatus that can be used to feed poultry), comprising:
a feed chute (line 7, inlet line 3, conveying tube 14) coupled to receive feed from a feed source (hopper 5) via a feedline (passage from hopper 5 to the feed chute);
a chute switch (rotary feeder 6) positioned within the feed chute (positioned within line 7), in communication with the feed source (5) (seen in fig. 1),
a feed pan (feed bunk 2) coupled to receive feed from the feed chute (col. 2 lines 16-25, receives feed from the feed chute), the feed pan comprising an airflow inlet (inlet opening that allows airflow from airflow inlet line 3 to feed pan 2);
a fan (blower 4) positioned adjacent to the feed pan (located nearby the feed pan 2) and operable to provide an airflow to an interior of the feed pan via the airflow inlet (col. 2 lines 16-25, air stream from blower 4 to feed pan 2), wherein the airflow moves feed within the feed pan so that additional feed enters the feed pan from the feed chute, thereby lowering a level of feed within the feed chute (col. 2 lines 16-25, the air stream from the blower 4 moves from the blower 4 to the feed pan 2 such that the airflow would move feed within the feed pan and additional feed can enter the feed pan from the feed chute, lowering a level of feed within the feed chute); and
a fan switch (fig. 4, closed switch contacts 36) coupled to the fan (coupled to the fan 4), switchable between at least two positions and operable to control operation of the fan, wherein the fan begins an operation to provide the airflow when the fan switch is toggled to a first position, and wherein the fan stops the operation to provide the airflow when the fan switch is toggled to a second position (col. 3 line 38-col. 4 line 3, switch 36 starts and stop the operation of fan 4 based on its two positions).
Eckert does not appear to teach of the chute switch switchable between at least two positions, wherein a first position of the chute switch indicates that a level of feed within the feed chute is below the position of the chute switch within the feed chute, wherein a second position of the chute switch indicates that a level of feed within the feed chute is at or above the position of the chute switch within the feed chute, wherein when the chute switch is in the first position, the feed source provides feed to the feed chute, and wherein when the chute switch is in the second position the feed source stops providing feed to the feed chute.
Sutton teaches of (fig. 1) a chute switch (switch 117) positioned within the feed chute (casing 10), in communication with the feed source (hopper 40) (seen in fig. 1),
the chute switch (arm 115, pivot 116, switch 117) switchable between at least two positions, wherein a first position of the chute switch indicates that a level of feed within the feed chute is below the position of the chute switch within the feed chute (col. 5 lines 43-52, when the level of the feed in the chamber 38 drops, the switch arm 115 is free to drop to start the motor 122),
wherein a second position of the chute switch indicates that a level of feed within the feed chute is at or above the position of the chute switch within the feed chute (col. 5 lines 24-32, When the chambers 38 and 39 and hoppers 36 are all filled with feed so that no more feed can flow downwardly into the dispensing chamber 39, the feed accumulating near the right-hand end of the conveyor 30 in FIGURE 1 will swing the switch arm 115 and switch 117 to open the circuit of the motor 122.),
wherein when the chute switch is in the first position, the feed source provides feed to the feed chute, and wherein when the chute switch is in the second position the feed source stops providing feed to the feed chute (col. 5 lines 14-52, the first position provides feed from the feed source to the feed chute and the second position stops providing feed to the feed chute).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Eckert to incorporate the teachings of Sutton of a chute switch positioned within the feed chute, in communication with the feed source, the chute switch switchable between at least two positions, wherein a first position of the chute switch indicates that a level of feed within the feed chute is below the position of the chute switch within the feed chute, wherein a second position of the chute switch indicates that a level of feed within the feed chute is at or above the position of the chute switch within the feed chute, wherein when the chute switch is in the first position, the feed source provides feed to the feed chute, and wherein when the chute switch is in the second position the feed source stops providing feed to the feed chute in order to monitor the feed levels in the feed chute and allows the apparatus to not require attention except for keeping an adequate supply of feed in the hopper as motivated by Sutton in col. 7 lines 7-19.
Regarding claim 2, Eckert as modified teaches of claim 1, and wherein the fan switch comprises a user-operable switch (col. 3 lines 20-36, a user can operate the fan switch 36 by using a start button 28 and stop button 29).
Regarding claim 3, Eckert as modified teaches of claim 1, and wherein chute switch comprises a feed sensor operable to sense a feed level within the feed chute (as modified by Sutton, the chute switch mechanism is a feed sensor to sense a feed level within the feed chute).
Regarding claim 7, Eckert as modified teaches of claim 1, and (fig. 1) wherein the feed pan (2) comprises at least one air channel (channel from fan 4 to feed pan 2) defined by a portion of the feed pan (top portion of the feed pan 2) and one or more surfaces of at least one channel feature, wherein the airflow is channeled through the at least one air channel after it passes through the airflow inlet (surfaces of the conduits from the fan 4 to the feed pan 2 has a channel feature to direct the airflow to the feed pan 2 after it passes through the airflow inlet 3).
Regarding claim 9, Eckert as modified teaches of claim 2, and (fig. 4) wherein the fan switch (36) provides at least one signal to the controller (electrical control circuit) indicating when the user has toggled the fan switch between at least the first position and the second position (col. 3 lines 20-27, activation of the fan switch 36 signals the control circuit that the user has toggled the start button 28 or stop button 29 to toggle the fan switch between the first and second position).
Regarding claim 11, Eckert teaches of (fig. 1) a method for controlling a feed level in a poultry feed network (abstract, livestock feeding apparatus that can be used to feed poultry), comprising:
coupling a feed chute (line 7, inline let 3, conveying tube 14) to receive feed from a feed source (hopper 5) via a feedline (passage from hopper 5 to the feed chute);
positioning a chute switch (rotary feeder 6) within the feed chute (positioned within line 7), in communication with the feed source (5) (seen in fig. 1), switchable between at least two positions (on and off positions),
coupling a feed pan (feed bunk 2) to receive feed from the feed chute (col. 2 lines 16-25, receives feed from the feed chute), the feed pan comprising an airflow inlet (inlet opening that allows airflow from airflow inlet line 3 to feed pan 2);
positioning a fan (blower 4) adjacent to the feed pan (located nearby the feed pan 2) and operable to provide an airflow to an interior of the feed pan via the airflow inlet (col. 2 lines 16-25, air stream from blower 4 to feed pan 2), wherein the airflow moves feed within the feed pan so that additional feed enters the feed pan from the feed chute, thereby lowering a level of feed within the feed chute (col. 2 lines 16-25, the air stream from the blower 4 moves from the blower 4 to the feed pan 2 such that the airflow would move feed within the feed pan and additional feed can enter the feed pan from the feed chute, lowering a level of feed within the feed chute); and
coupling a fan switch (fig. 4, closed switch contacts 36) to the fan (coupled to the fan 4), wherein the fan switch is switchable between at least two positions and operable to control operation of the fan, wherein the fan begins operation to provide the airflow when the fan switch is in a first position, and wherein the fan stops operation to provide the airflow when the fan switch is in a second position (col. 3 line 38-col. 4 line 3, switch 36 starts and stop the operation of fan 4 based on its two positions).
Eckert does not appear to teach of wherein a first position of the chute switch indicates that a level of feed within the feed chute is below the position of the chute switch within the feed chute, wherein a second position of the chute switch indicates that a level of feed within the feed chute is at or above the position of the chute switch within the feed chute, wherein when the chute switch is in the first position, the feed source provides feed to the feed chute, and wherein when the chute switch is in the second position the feed source stops providing feed to the feed chute.
Sutton teaches of (fig. 1) positioning a chute switch (switch 117) within the feed chute (casing 10), in communication with the feed source (hopper 40) (seen in fig. 1), switchable between at least two positions (on and off positions),
wherein a first position of the chute switch indicates that a level of feed within the feed chute is below the position of the chute switch within the feed chute (col. 5 lines 43-52, when the level of the feed in the chamber 38 drops, the switch arm 115 is free to drop to start the motor 122),
wherein a second position of the chute switch indicates that a level of feed within the feed chute is at or above the position of the chute switch within the feed chute (col. 5 lines 24-32, When the chambers 38 and 39 and hoppers 36 are all filled with feed so that no more feed can flow downwardly into the dispensing chamber 39, the feed accumulating near the right-hand end of the conveyor 30 in FIGURE 1 will swing the switch arm 115 and switch 117 to open the circuit of the motor 122.),
wherein when the chute switch is in the first position, the feed source provides feed to the feed chute, and wherein when the chute switch is in the second position the feed source stops providing feed to the feed chute (col. 5 lines 14-52, the first position provides feed from the feed source to the feed chute and the second position stops providing feed to the feed chute).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Eckert to incorporate the teachings of Sutton of wherein a first position of the chute switch indicates that a level of feed within the feed chute is below the position of the chute switch within the feed chute, wherein a second position of the chute switch indicates that a level of feed within the feed chute is at or above the position of the chute switch within the feed chute, wherein when the chute switch is in the first position, the feed source provides feed to the feed chute, and wherein when the chute switch is in the second position the feed source stops providing feed to the feed chute in order to monitor the feed levels in the feed chute and allows the apparatus to not require attention except for keeping an adequate supply of feed in the hopper as motivated by Sutton in col. 7 lines 7-19.
Regarding claim 12, Eckert as modified teaches of claim 11, and wherein the fan switch comprises a user-operable switch (col. 3 lines 20-36, a user can operate the fan switch 36 by using a start button 28 and stop button 29).
Regarding claim 13, Eckert as modified teaches of claim 11, and wherein chute switch comprises a feed sensor operable to sense a feed level within the feed chute (as modified by Sutton, the chute switch mechanism is a feed sensor to sense a feed level within the feed chute).
Regarding claim 17, Eckert as modified teaches of claim 11, and (fig. 1) wherein the feed pan (2) comprises at least one air channel (channel from fan 4 to feed pan 2) defined by a portion of the feed pan (top portion of the feed pan 2) and one or more surfaces of at least one channel feature, wherein the airflow is channeled through the at least one air channel after it passes through the airflow inlet (surfaces of the conduits from the fan 4 to the feed pan 2 has a channel feature to direct the airflow to the feed pan 2 after it passes through the airflow inlet 3).
Regarding claim 19, Eckert as modified teaches of claim 12, and (fig. 4) wherein the fan switch (36) provides at least one signal to the controller (electrical control circuit) indicating when the user has toggled the fan switch between at least the first position and the second position (col. 3 lines 20-27, activation of the fan switch 36 signals the control circuit that the user has toggled the start button 28 or stop button 29 to toggle the fan switch between the first and second position).
Claims 4-6, and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Eckert as applied to claim 1 above, and further in view of Dubinsky (US 20120116832).
Regarding claim 4, Eckert as modified teaches of claim 1, and (fig. 4) further comprising:
a controller (electrical control circuit) coupled to the chute switch (as modified by Sutton, the chute switch would be coupled to the electrical control circuit) and the fan switch (as seen in fig. 4) and when executed by the controller, cause the controller to perform actions comprising:
toggling the fan switch to the first position in response to a determination that the chute switch is in the second position and that a feed level is below a desired level (as modified by Sutton, chute switch starts operation of feed to go into the feed chute when feed is below a desired level, which in Eckert would toggle the fan switch to turn to a first position to move feed into the feed chute and feed pan); and
toggling the fan switch to the second position in response to a determination that the chute switch is in the first position and that the feed level is at or above the desired level (as modified by Sutton, chute switch stops operation of feed to go into the feed chute when feed is at or above a desired level, which in Eckert would toggle the fan switch to turn to a second position to stop moving feed into the feed chute and feed pan).
Eckert does not appear to teach of comprising instructions stored in memory; and a feed level within a second feed pan.
Dubinsky teaches of comprising instructions stored in memory (¶0061-0063, computer readable memory comprises instructions for a controller) and a feed level within a second feed pan (fig. 5B, ¶00139, plurality of feed dispensers 90s, 90m with their own feed levels detected with sensor module 130).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Eckert to incorporate the teachings of Dubinsky to have a controller comprising instructions stored in memory and a feed level within a second feed pan in order to have more feeding stations and space out the animals in the vicinity, and control the system electronically and allow fine control of various operations for improved livestock production yield as motivated by Dubinsky in para. 0077.
Regarding claim 5, Eckert as modified teaches of claim 4, but does not appear to teach of wherein the determination that the feed level within the second feed pan is below a desired level is based on a signal from a feed level sensor positioned on the second feed pan and in communication with the controller.
Dubinsky teaches of wherein the determination that the feed level within the second feed pan (fig. 3C, ¶0165, plurality of master feed dispensers 90m, including a second feed dispenser 90m) is below a desired level is based on a signal from a feed level sensor (¶0124, level sensor 96 senses feed level) positioned on the second feed pan (positioned within the second feed pan 90m) and in communication with the controller (¶0124, sensor 96 communicates with the controller to deliver more feed).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Eckert to incorporate the teachings of Dubinsky of wherein the determination that the feed level within the second feed pan is below a desired level is based on a signal from a feed level sensor positioned on the second feed pan and in communication with the controller in order to monitor feed levels directly in the feed pans and to communicate the feed levels in each feed pan to better control and monitor the system.
Regarding claim 6, Eckert as modified teaches of claim 5, but does not appear to teach of wherein the feed level sensor is configured to communicate wirelessly with the controller.
Dubinsky teaches of wherein the feed level sensor is configured to communicate wirelessly with the controller (¶0140 and ¶0150, communication module 215 may provide wireless communication between controller 210 and sensor module 130).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Eckert to incorporate the teachings of Dubinsky of wherein the feed level sensor is configured to communicate wirelessly with the controller in order to monitor the system wirelessly and the user does not need to be by the system to operate the system.
Regarding claim 14, Eckert as modified teaches of claim 11, and (fig. 4) further comprising:
coupling a controller (electrical control circuit) to the chute switch (as modified by Sutton, the chute switch would be coupled to the electrical control circuit) and the fan switch (as seen in fig. 4) and when executed by the controller, cause the controller to perform actions comprising:
toggling the fan switch to the first position in response to a determination that the chute switch is in the second position and that a feed level is below a desired level (as modified by Sutton, chute switch starts operation of feed to go into the feed chute when feed is below a desired level, which in Eckert would toggle the fan switch to turn to a first position to move feed into the feed chute and feed pan); and
toggling the fan switch to the second position in response to a determination that the chute switch is in the first position and that the feed level is at or above the desired level (as modified by Sutton, chute switch stops operation of feed to go into the feed chute when feed is at or above a desired level, which in Eckert would toggle the fan switch to turn to a second position to stop moving feed into the feed chute and feed pan).
Eckert does not appear to teach of comprising instructions stored in memory; and a feed level within a second feed pan.
Dubinsky teaches of comprising instructions stored in memory (¶0061-0063, computer readable memory comprises instructions for a controller) and a feed level within a second feed pan (fig. 5B, ¶00139, plurality of feed dispensers 90s, 90m with their own feed levels detected with sensor module 130).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Eckert to incorporate the teachings of Dubinsky to have a controller comprising instructions stored in memory and a feed level within a second feed pan in order to have more feeding stations and space out the animals in the vicinity, and control the system electronically and allow fine control of various operations for improved livestock production yield as motivated by Dubinsky in para. 0077.
Regarding claim 15, Eckert as modified teaches of claim 14, but does not appear to teach of wherein the determination that the feed level within the second feed pan is below a desired level is based on a signal from a feed level sensor positioned on the second feed pan and in communication with the controller.
Dubinsky teaches of wherein the determination that the feed level within the second feed pan (fig. 3C, ¶0165, plurality of master feed dispensers 90m, including a second feed dispenser 90m) is below a desired level is based on a signal from a feed level sensor (¶0124, level sensor 96 senses feed level) positioned on the second feed pan (positioned within the second feed pan 90m) and in communication with the controller (¶0124, sensor 96 communicates with the controller to deliver more feed).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Eckert to incorporate the teachings of Dubinsky of wherein the determination that the feed level within the second feed pan is below a desired level is based on a signal from a feed level sensor positioned on the second feed pan and in communication with the controller in order to monitor feed levels directly in the feed pans and to communicate the feed levels in each feed pan to better control and monitor the system.
Regarding claim 16, Eckert as modified teaches of claim 15, but does not appear to teach of wherein the feed level sensor is configured to communicate wirelessly with the controller.
Dubinsky teaches of wherein the feed level sensor is configured to communicate wirelessly with the controller (¶0140 and ¶0150, communication module 215 may provide wireless communication between controller 210 and sensor module 130).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Eckert to incorporate the teachings of Dubinsky of wherein the feed level sensor is configured to communicate wirelessly with the controller in order to monitor the system wirelessly and the user does not need to be by the system to operate the system.
Claims 8 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Eckert as applied to claim 1 above, and further in view of Cole et al. (US 20070186863), hereinafter Cole.
Regarding claim 8, Eckert as modified teaches of claim 1, but does not appear to teach of further comprising an auxiliary feed pan, wherein the auxiliary feed pan is coupled to receive feed from the feed pan when the airflow moves feed within the feed pan so that additional feed enters the feed pan from the feed chute.
Cole teaches of (fig. 1) further comprising an auxiliary feed pan (¶0094-0095, the intersected circle with cone portion 106’ of pan member 104), wherein the auxiliary feed pan is coupled to receive feed from the feed pan (the other intersected circle with cone portion 106) when the force moves feed within the feed pan so that additional feed enters the feed pan from the feed chute (fig. 41, supply conduit 102) (fig. 1, the intersection of the auxiliary feed pan with the feed pan causes feed from the feed chute that is delivered to the feed pan to flow into the auxiliary feed pan. Moving feed around allows more space for additional feed to enter the feed pan from the feed chute).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Eckert to incorporate the teachings of Cole of replacing the feed pans of Eckert to be like the feed pans of Cole of which comprises an auxiliary feed pan, wherein the auxiliary feed pan is coupled to receive feed from the feed pan when the airflow moves feed within the feed pan so that additional feed enters the feed pan from the feed chute in order to use feed pans that more uniformly dispenses food into the feed pans and causes the animals to compactly arrange around the circular perimeter, better utilizing space and feed more birds, as motivated by Cole in paras. 0004-0007.
Regarding claim 18, Eckert as modified teaches of claim 11, and further comprising an auxiliary feed pan, wherein the auxiliary feed pan is coupled to receive feed from the feed pan when the airflow moves feed within the feed pan so that additional feed enters the feed pan from the feed chute.
Cole teaches of (fig. 1) further comprising an auxiliary feed pan (¶0094-0095, the intersected circle with cone portion 106’ of pan member 104), wherein the auxiliary feed pan is coupled to receive feed from the feed pan (the other intersected circle with cone portion 106) when the force moves feed within the feed pan so that additional feed enters the feed pan from the feed chute (fig. 41, supply conduit 102) (fig. 1, the intersection of the auxiliary feed pan with the feed pan causes feed from the feed chute that is delivered to the feed pan to flow into the auxiliary feed pan. Moving feed around allows more space for additional feed to enter the feed pan from the feed chute).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Eckert to incorporate the teachings of Cole of replacing the feed pans of Eckert to be like the feed pans of Cole of which comprises an auxiliary feed pan, wherein the auxiliary feed pan is coupled to receive feed from the feed pan when the airflow moves feed within the feed pan so that additional feed enters the feed pan from the feed chute in order to use feed pans that more uniformly dispenses food into the feed pans and causes the animals to compactly arrange around the circular perimeter, better utilizing space and feed more birds, as motivated by Cole in paras. 0004-0007.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Eckert as applied to claim 1 above, and further in view of Krishnamurthy (US 20080289580).
Regarding claim 10, Eckert as modified teaches of claim 2, and (fig. 4) wherein the fan switch (36) comprises a timer for toggling the fan switch between at least the first position and the second position (col. 3 lines 37-61, timer motor 42 times the operation of the feed delivery with the fan 4).
Eckert does not appear to teach of wherein the timer comprises a user-interface and based on a user-selected duration measured by the timer.
Krishnamurthy is in the field of animal feeders and teaches of wherein the timer comprises a user-interface and based on a user-selected duration measured by the timer (¶0027, The timer consists of a LCD display 18 as a user interface to provide feedback during programming and operation. The user can select a duration measured by the timer).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Eckert to incorporate the teachings of Krishnamurthy of wherein the timer comprises a user-interface based on a user-selected duration measured by the timer in order for the user to have more control over the feeding levels and time of feed delivery.
Conclusion
The cited references made of record in the contemporaneously filed PTO-892 form and not relied upon in the instant office action are considered pertinent to applicant's disclosure, and may have one or more of the elements in Applicant’s disclosure and at least claim 1.
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/ZOE TAM TRAN/ Examiner, Art Unit 3647