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 .
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 11-14 and 17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 11, the phrase "optionally" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 11, the phrase "other rate measurement" renders the claim indefinite because the claim includes elements not actually disclosed (those encompassed by "other rate measurement"), thereby rendering the scope of the claim unascertainable. See MPEP § 2173.05(d).
Claims 12-14 and 17 each depend either directly or indirectly from claim 11 above. As such, each of the claims is rejected in a similar manner.
Allowable Subject Matter
Claims 1-9, 18-26, and 28 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Each of the cited references discloses, animal feeding and/or water dispensing methods and systems that were known in the art at the time of filing the instant application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC M BLOUNT whose telephone number is (571)272-2973. The examiner can normally be reached M-F 9:00a - 5:30p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Quan Wang can be reached at 571-272-3114. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ERIC M. BLOUNT
Primary Examiner
Art Unit 2685
/Eric Blount/Primary Examiner, Art Unit 2685