Detailed Action
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
2. Applicant’s election of Group I in the reply filed on 1-22-26 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 10-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 1-22-26.
Claim Objections
3. Claims 6 and 7 are objected to because of the following informalities: to ensure that it is clear to which claimed components are associated with each of the first support arm and the second support arm, it is recommended that claim 6 be amended to read as follows: 6. The evisceration weighing system of claim 1, comprising: wherein the first support arm further comprises: a first support arm proximal section that comprises a first roller adapted to engage the first weigh plate; and a first support arm distal section that comprises a first support surface adapted to support the first poultry carcass; and wherein the second support arm further comprises: a second support arm proximal section that comprises a second roller adapted to engage the second weigh plate; and a second support arm distal section that comprises a second support surface adapted to support the second poultry carcass. It is further recommended that claim 7 be amended to read as follows: 7. The evisceration weighing system of claim 6, comprising: wherein the first support arm distal section further comprises: a first elongated member to which the first support surface is attached; and a first guide channel mounted to the first elongated member, wherein the first guide channel is adapted to receive at least a portion of a shackle to which the first poultry carcass is attached; and wherein the second support arm distal section further comprises: a second elongated member to which the second support surface is attached; and a second guide channel mounted to the second elongated member, wherein the second guide channel is adapted to receive at least a portion of a shackle to which the second poultry carcass is attached. Appropriate correction is required.
Claim Rejections - 35 USC § 102
4. 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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3 and 8 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by U.S. Patent No. 8,500,524 to Kjeldsen et al.
Referring to claim 1, Kjeldsen et al. discloses an evisceration weighing system comprising, a frame portion – at 66-74 comprising a first weigh plate – at 68, and a second weigh plate – see figures 13-14 and column 5 lines 30-44, and a rotatable portion – at 2-24, that is rotatably mounted with respect to the frame portion – see figures 13-14 and column 5 lines 30-44, wherein the rotatable portion comprises, a first support arm – at 10, pivotally mounted to the rotatable portion – see via 6,18 and linkage connected to 6,18 as seen in figures 1-4, wherein the first support arm – at 10, is adapted to apply a force to the first weigh plate – at 68, that is indicative of a weight of a first poultry carcass supported by the first support arm – at 10 – see figures 1-4 detailing support arm capable of applying a force to the plates - see figure 13-14 and column 5 lines 30-44 and column 6 lines 21-31 detailing weighing cell associated with the support arm and weight plates, and a second support arm – others of item 10 – see multiple of items 2,10 in figures 13-14 and column 5 lines 30-44, pivotally mounted to the rotatable portion – see via 6,18 and linkage connected to 6,18 as seen in figures 1-4, wherein the second support arm – at 10, is adapted to apply a force to the second weigh plate – at 68, that is indicative of a weight of a second poultry carcass supported by the second support arm – at 10 – see figures 1-4 detailing support arm capable of applying force to the plates – see figures 13-14 and column 5 lines 30-44 and column 6 lines 21-31 detailing weighing cell associated with the support arm and weight plates, and wherein the evisceration weighing system is capable of weighing the first poultry carcass at the same time as the second poultry carcass – see figures 13-14 and column 5 lines 30-44 where multiple carcasses are processed on the device the same time.
Referring to claim 3, Kjeldsen et al. further discloses the frame portion further comprises a cam surface – guide rails not shown but detailed in column 4 lines 13-52, that is adapted to pivot the support arms – at 10, in the rotatable portion – see figures 1-4, 13-14 and column 4 lines 13-52.
Referring to claim 8, Kjeldsen et al. further discloses the evisceration weighing system comprises six of the first support arms – at 10 – see figures 13-14 and column 5 lines 30-44, the evisceration weighing system comprises six of the second support arms – others of 10 – see figures 13-14 and column 5 lines 30-44, and wherein the first support arms and the second support arms are provided in an alternating configuration – see at least 12 support arms – at 10 in figures 13-14 and column 5 lines 30-44.
Claim Rejections - 35 USC § 103
5. 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) 2 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kjeldsen et al. as applied to claim 1 above.
Referring to claim 2, Kjeldsen et al. further discloses the rotatable portion is rotatable about a rotational axis – vertical central axis, wherein the first weigh plate – at 68, is located at a first distance from the rotational axis – see figures 13-14, wherein the second weigh plate – other of 68, is located at a second distance from the rotational axis – see figures 13-14, but does not disclose the first distance is less than the second distance. However, it would have been obvious to one of ordinary skill in the art to take the device of Kjeldsen et al. and have the first and second distances arranged in any desired configuration/orientation including the claimed second distance being less than the first distance, so as to yield the predictable result of allowing the carcasses to move on the device without interference.
Referring to claim 6, Kjeldsen et al. further discloses the first support arm – at 10, further comprises, a support arm proximal section – top of 10, that comprises a structure – on top of 10, adapted to engage the first weigh plate – at 20,68 – see figures 1-4, and a support arm distal section – bottom of 10, that comprises a support surface – bottom surfaces of 10 and attached to 10, adapted to support the first poultry carcass – see figures 1-4, and wherein the second support arm – other of items 10, further comprises, a support arm proximal section – top of 10, that comprises a structure – on the top of 10, adapted to engage the second weigh plate – at 20,68 – see figures 1-4, and a support arm distal section – bottom of the other of 10, that comprises a support surface – bottom surfaces of 10 and attached to the bottom of 10, adapted to support the second poultry carcass – see figures 1-4. Kjeldsen et al. does not disclose a roller adapted to engage the first weigh plate and a roller adapted to engage the second weigh plate. However, it would have been obvious to one of ordinary skill in the art to take the device of Kjeldsen et al. and add any suitable structure engaging the weigh plates including the claimed rollers, so as to yield the predictable result of allowing the support arm to removably engage the weigh plates during use as desired.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kjeldsen et al. as applied to claim 1 above, and further in view of U.S. Patent Application Publication No. 2023/0400345 to Hagendoorn et al.
Referring to claim 9, Kjeldsen et al. further discloses the first poultry carcass and the second poultry carcass are operably movable using a shackle – at 22,24 – see figures 1-4, but does not disclose the frame portion further comprises a chain, and wherein the first poultry carcass and the second poultry carcass are each operably movable with respect to the chain. Hagendoorn et al. does disclose the frame portion further comprises a chain – at 12, and wherein the first poultry carcass and the second poultry carcass are each operably movable with respect to the chain – at 12 via items 3-4 – see figures 1a-4. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Kjeldsen et al. and add the chain of Hagendoorn et al., so as to yield the predictable result of continuously moving and supporting the carcasses during use as desired.
Allowable Subject Matter
6. Claims 4-5 and 7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
7. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The following patents are cited to further show the state of the art with respect to poultry weighing systems in general:
U.S. Pat. No. 1,986,420 to Webb et al. – shows poultry weighing system
U.S. Pat. No. 3,622,000 to McClenny – shows poultry weighing system
U.S. Pat. No. 3,642,130 to Altenpohl – shows poultry weighing system
U.S. Pat. No. 3,918,587 to Drew – shows poultry weighing system
U.S. Pat. No. 3,997,013 to Brook – shows poultry weighing system
U.S. Pat. No. 4,094,413 to Altenpohl et al. – shows poultry weighing system
U.S. Pat. No. 4,096,950 to Brook – shows poultry weighing system
U.S. Pat. No. 4,163,488 to Brook – shows poultry weighing system
U.S. Pat. No. 4,187,945 to Altenpohl et al. – shows poultry weighing system
U.S. Pat. No. 4,300,644 to Meyn – shows poultry weighing system
U.S. Pat. No. 4,488,635 to Linville – shows poultry weighing system
U.S. Pat. No. 4,711,344 to Altenpohl – shows poultry weighing system
U.S. Pat. No. 5,037,351 to van den Nieuwelaar et al. – shows poultry weigher
U.S. Pat. No. 6,689,963 to Brook – shows poultry weighing system
U.S. Pat. No. 9,658,098 to Peters et al. – shows poultry weighing system
U.S. Pub. No. 2017/0299421 to Gillespie et al. – shows poultry weighing system
U.S. Pub. No. 2023/0404089 to Veen et al. – shows poultry weighing system
8. 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.
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/DAVID J PARSLEY/Primary Examiner, Art Unit 3643