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 .
Application Status
Claims 1-2, 4, 6, 8-16, 18-20 are pending and have been examined in this application. Claims 1, 6, 13-14, 18-20 are amended, claims 3, 5, 7, 17 are cancelled, claims 2, 4, 8-12, 15-16 are original.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
As of the date of this action, an information disclosure statement (IDS) has been filed on 06/05/2025 and reviewed by the Examiner.
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 1-13 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.
Claim 1 line 7 and Claim 13 line 8 “the milk tank” of the amended claim language lacks antecedent basis, as “at least one milk tank” is recited later in the claim.
Claim Rejections - 35 USC § 102
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) 1-2, 4, 6, 8, 10-16, 18-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by (WO 2023111942 A1) to Kraaij.
In regards to claim 1, Kraaij anticipates a milking system, comprising: two or more milking devices (Kraaij; 101); a first central milk conduit connected operatively to the two or more milking devices; a second central milk conduit connected operatively to the two or more milking devices (Kraaij; milking conduits; 153, 154 connecting 101), wherein the first and second central milk conduits extend between the two or more milking devices and the milk tank (Kraaij; each of 153, 154 extends between 101 and 102); a central liquid supply conduit (Kraaij; 165, 165’, 165’’); at least one milk tank connected to the first and second central milk conduits (Kraaij; 102, see FIG 2); a milk flow controller configured to switch between the first and the second central milk conduit as an active milk conduit for discharging milk to the at least one milk tank, wherein the other of the first and second central milk conduit is designated as an inactive milk conduit; and a flushing controller configured to control the flushing of one of the first and/or second central milk conduit which is designated as an inactive milk conduit (Kraaij; see page 12 where one line is flushed with the cleaning solution through a first line and tank, while the other line extracts milk through the other line and tank, control unit in central utility system 120; with cleaning unit 160); and a first milk buffer connected operatively to the first central milk conduit and a second milk buffer connected operatively to the second central milk conduit (Kraaij; 142, 141 being the buffer tanks of two buffer units connected to each of 153, 154).
In regards to claim 2, Kraaij anticipates the milking system according to claim 1 further comprising a central liquid tank connected operatively to the central liquid supply conduit and configured to flush at least the first and second central milk conduit (Kraaij; 161, 162 with cleaning solution for flushing the milk lines, see FIG 1).
In regards to claim 4, Kraaij anticipates the milking system according to claim 1, wherein the first and second central milk conduits extend between the two or more milking devices and the milk tank (Kraaij; each of 153, 154 extends between 101 and 102).
In regards to claim 6, Kraaij anticipates the milking system according to claim 1, wherein the flushing controller is configured to enable switching between a flushing circulation mode wherein flushing liquid is being circulated, and a flowthrough flushing mode wherein the flushing liquid flows through one of the first central milk conduit, the second central milk conduit and the central liquid supply conduits (Kraaij; page 6 where the circuit is configured to switch between cleaning fluid which circulates within the circuit line and through to the return line, or cleaning fluid which is passed through and collected in buffer tanks see pages 7-8).
In regards to claim 8, Kraaij anticipates the milking system according to claim 1, wherein each of the two or more milking devices is provided with a pump for milk transport to the first and/or second central milk conduit (Kraaij; see FIG 2 with pump 124 which pumps the milk through first and second milk conduits 153, 154 through to the milk tank 102 ove longer distances).
In regards to claim 10, Kraaij anticipates the milking system according to claim 1, wherein at least a part of the two or more milking devices further comprises a milking robot (Kraaij; see page 10 which describes automatic milking robots)..
In regards to claim 11, Kraaij anticipates the milking system according to claim 1further comprising a central discharge conduit (Kraaij; discharge line 164, 164’, 164’’).
In regards to claim 12, Kraaij anticipates the milking system according to claim 1 further comprising a central separation conduit (Kraaij; each of the conduits in 150 separating the milk into different lines from 103).
In regards to claim 13, Kraaij anticipates a milking parlour (Kraaij; page 1 describing barns for milking) provided with a milking system comprising: two or more milking devices (Kraaij; 101); a first central milk conduit connected operatively to the two or more milking devices; a second central milk conduit connected operatively to the two or more milking devices (Kraaij; milking conduits; 153, 154 connecting 101), wherein the first and second central milk conduits extend between the two or more milking devices and the milk tank (Kraaij; each of 153, 154 extends between 101 and 102); a central liquid supply conduit (Kraaij; 165, 165’, 165’’); at least one milk tank connected to the first and second central milk conduit (Kraaij; 102, see FIG 2); a milk flow controller configured to switch between the first and the second central milk conduit as an active milk conduit for discharging milk to the at least one milk tank, wherein the other of the first and second central milk conduit is designated as an inactive milk conduit; a flushing controller configured to control the flushing of one of the first and/or second central milk conduit which is designated as an inactive milk conduit (Kraaij; see page 12 where one line is flushed with the cleaning solution through a first line and tank, while the other line extracts milk through the other line and tank, control unit in central utility system 120; with cleaning unit 160); and a first milk buffer connected operatively to the first central milk conduit and a second milk buffer connected operatively to the second central milk conduit (Kraaij; 142, 141 being the buffer tanks of two buffer units connected to each of 153, 154).
In regards to claim 14, Kraaij anticipates a method for milking an animal, the method comprising the steps of: providing a milking system and/or milking parlour according with the milking system comprising: two or more milking devices (Kraaij; 101); a first central milk conduit connected operatively to the two or more milking devices; a second central milk conduit connected operatively to the two or more milking devices (Kraaij; milking conduits; 153, 154 connecting 101); a central liquid supply conduit (Kraaij; 165, 165’, 165’’); at least one milk tank connected to the first and second central milk conduit, (Kraaij; 102, see FIG 2) wherein the first and second central milk conduits extend between the two or more milking devices and the milk tank (Kraaij; each of 153, 154 extends between 101 and 102); a milk flow controller configured to switch between the first and the second central milk conduit as an active milk conduit for discharging milk to the at least one milk tank, wherein the other of the first and second central milk conduit is designated as an inactive milk conduit; and a flushing controller configured to control the flushing of one of the first and/or second central milk conduit which is designated as an inactive milk conduit (Kraaij; see page 12 where one line is flushed with the cleaning solution through a first line and tank, while the other line extracts milk through the other line and tank, control unit in central utility system 120; with cleaning unit 160); switching with the milk flow controller between the first and the second central milk conduit as an active milk conduit for discharge of milk to the at least one milk tank, wherein the other of the first and second central milk conduit is designated as an inactive milk conduit; controlling with the flushing controller the flushing of one of the first and/or second central milk conduit which is designated as an inactive milk conduit (Kraaij; in normal use, see page 12 where one line is flushed with the cleaning solution through a first line and tank, while the other line extracts milk through the other line and tank, control unit in central utility system 120; with cleaning unit 160; switching occurring through the use of valve systems to allow one line to be cleaned while the other provides milk without the two fluids mixing); and flushing the inactive milk conduit between the two or more milking devices and the at least one milk tank (Kraaij; 142, 141 being the buffer tanks of two buffer units connected to each of 153, 154; either 142, 141 being flushed when collecting cleaning solution) including a first milk buffer connected operatively to the first central milk conduit and a second milk buffer connected operatively to the second central milk conduit (Kraaij; 142, 141 being the buffer tanks of two buffer units connected to each of 153, 154).
In regards to claim 15, Kraaij anticipates the method according to claim 14 further comprising the step of flushing the inactive milk conduit while the active milk conduit is in use for discharging milk from the milking devices to the at least one milk tank (Kraaij; 161, 162 with cleaning solution for flushing the milk lines, see FIG 1, see also page 2 where one line extracts milk during the cleaning cycle of the other line).
In regards to claim 16, Kraaij anticipates the method according to claim 14 further comprising the step of flushing one of the two or more milking devices while the active milk conduit is in use for discharging milk from the remaining of the two or more milking devices to the at least one milk tank (Kraaij; see page 12 where 161, 162 with cleaning solution for flushing the milk lines, see FIG 1; and the milking devices 101/101’’ are flushed while the other extracts milk directed by the valves switching).
In regards to claim 18, Kraaij anticipates the method according to claim 14 further comprising the step of circulating flushing fluid over the central liquid supply conduit and one of the first central milk conduit and the second central milk conduit (Kraaij as best understood; see FIG 1 where the cleaning fluid is circulated over the fluid supply conduits 165, 165’, 165’’ and the first and second milk conduits 153, 154 in a cleaning cycle).
In regards to claim 19, Kraaij anticipates the method according to claim 15 further comprising the step of circulating flushing fluid over the central liquid supply conduit and one of the first central milk conduit and the second central milk conduit (Kraaij as best understood; see FIG 1 where the cleaning fluid is circulated over the fluid supply conduits 165, 165’, 165’’ and the first and second milk conduits 153, 154 in a cleaning cycle).
In regards to claim 20, Kraaij anticipates the method according to claim 14 further comprising the step of circulating flushing fluid over the central liquid supply conduit and one of the first central milk conduit and the second central milk conduit (Kraaij as best understood; see FIG 1 where the cleaning fluid is circulated over the fluid supply conduits 165, 165’, 165’’ and the first and second milk conduits 153, 154 in a cleaning cycle).
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.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over (WO 2023111942 A1) to Kraaij.
In regards to claim 9, Kraaij teaches the milking system according to claim 1, but fails to teach it further comprising a second milk tank connected operatively to the first and/or second central milk conduit.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have two milk tanks, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. The motivation for having two milk tanks would be to provide greater storage of milk for the milking system.
Response to Arguments
Applicant's arguments filed 08/11/2026 have been fully considered but they are not persuasive.
Applicant argues the amended claim language is not taught by Kraaij.
Examiner respectfully disagrees, as the amended claim language appears to be incorporating previously rejected claim language into the independent claim, which is taught by Kraaij.
It is noted that applicant’s invention, which teaches the central milk conduits 6, 8 extending through each of their respective buffers tanks 36, 38, then connect to the milk tank 22 via three way valves 40, 42 which converge to either a single line to connect to milk tank 22, or a single line to connect to liquid supply conduit 64.
Because the instant claim language only suggests the central milk conduits extend between the two or more milking devices and the milk tank, and have a first/second milk buffer operatively coupled to the respective central milk conduit, Kraaij still teaches this limitation.
Explicitly, Kraaij’s device similarly teaches where the two central milk conduits, 153, 154 extend through their respective buffer tanks 141, 142, then connect to the milk tank 102 via valves (below 141, 142 in FIG 1) which converge to a single line which passes to the milk tank 22. Kraaij’s device thus still anticipates the independent claims as written.
Conclusion
THIS ACTION IS MADE FINAL. 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 KATELYN T TRUONG whose telephone number is (571)272-0023. The examiner can normally be reached Monday - Friday: 8-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KIMBERLY BERONA can be reached at (571) 272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATELYN T TRUONG/Primary Examiner, Art Unit 3647
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