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 .
Election/Restrictions
Applicant’s election without traverse of Invention I in the reply filed on 2/25/2026 is acknowledged.
Claims 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 2/25/2026.
Notice to Applicant
Claims 1-14 have been examined in this application. This communication is the first action on the merits of these claims.
Information Disclosure Statement
WO 2020149541 in the IDS has not been considered because it is drawn to a method and device for automatically generating question-answer data set for specific topics, and it is unclear how it is relevant to the instant application. Based on the international search report, this appears to be a typo, and should instead be WO 2020145941.
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.
(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.
Claims 1, 4-6, 10-11, 13-14 are rejected under 35 USC 102(a)(1) and 102(a)(2) as being anticipated by US Patent Application Number 2021/0105978 by Piggott.
Regarding claim 1, Piggott discloses a virtual fencing device, comprising:
an electrode configured to perform electrical muscle stimulation (EMS) (electrodes 350c, 350c’);
a positioning system configured to determine a position of the device (position sensing device 140/340); and
a microcontroller (controller 310) engaged with the electrode and the positioning system, the microcontroller being configured to activate the electrode in response to the position of the device relative to one or more virtual boundaries (paragraph 340 discloses “The controller 310 may be operatively connected to the sensing device 340 and to read the position value(s) (e.g. angular position value and/or location value) from the sensing device (340) and compare the position value(s) with predetermined value(s) in order to determine if one or more control action is required” and paragraph 342 discloses “If the controller 310 determines or receives a control command that the control action is required, then the controller 310 transmits the control signal to the stimulus device(s) 350a, 350a’, 350b, 350b’, 350c, 350c’ which causes the stimulus device(s) 350a, 350a’, 350b, 350b’, 350c, 350c’ to administer at least one form of stimulus to the animal 400”).
Regarding claim 4 (dependent on claim 1), Piggott discloses an inertial measurement unit engaged with the microcontroller, wherein the microcontroller is configured to determine a direction and acceleration of the virtual fencing device via the inertial measurement unit (see the inertial measurement unit in paragraph 45).
Regarding claim 5 (dependent on claim 1), Piggott discloses a neckband configured to house the electrode, the positioning system and the microcontroller (collar 300, see Figures 3-7).
Regarding claim 6 (dependent on claim 5), Piggott discloses the electrode is a first electrode disposed on a first side of the neckband (350c), the device further comprising a second electrode disposed on a second side of the neckband (350c’),wherein the microcontroller is configured to independently control the first electrode and the second electrode (paragraph 337 discloses “Both the electrodes 350c, 350c’ are capable of providing an electric current or shock to the animal independently and in concert with the other” and paragraph 342 discloses controller 310 transmitting the control signal to the stimulus devices).
Regarding claim 10 (dependent on claim 1), Piggott discloses the microcontroller is configured to adjust a current pulse provided to the electrode. Paragraph 200 discloses “the electric current or the electric shock is variable in magnitude”.
Regarding claim 11 (dependent on claim 10), Piggott discloses the microcontroller is configured to provide at least a low current pulse and a medium current pulse to the electrode. Paragraph 32 discloses “the electric shock is variable at two or more levels of magnitude”.
Regarding claim 13 (dependent on claim 1), Piggott discloses the positioning system is configured to determine the position using signals from at least one geolocation signal source. Paragraph 50 discloses “In one embodiment, the location device is a GPS unit”.
Regarding claim 14 (dependent on claim 1), Piggott discloses the positioning system is configured to determine the position by receiving at least three position signals from at least three external virtual fencing devices and performing time-of-flight trilateration using the at least three position signals. Paragraph 50 discloses “In one embodiment, the location device is a GPS unit”, and GPS units use triangulation to determine position.
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 2-3, 8 are rejected under 35 USC 103 as being obvious over US Patent Application Number 2021/0105978 by Piggott in view of US Patent Application Number 2025/0324945 by Kim.
Regarding claim 2 (dependent on claim 1), Piggott discloses a communication system engaged with the microcontroller (transceiver 120), the communication system configured to communicate with a central server and/or a mesh network (paragraph 317 discloses “the controller may optionally be connected to a remote processor or a remote server, and/or a user device”.
Piggott does not explicitly disclose the central server and/or mesh network storing the one or more virtual boundaries. However, this limitation is taught by Kim. Kim discloses an electronic fencing system with a controller 100 that has a memory 120, and paragraph 37 discloses “the electric fence area or combined fence area defined within the memory”. It would be obvious to a person having ordinary skill in the art to modify Piggott using the teachings from Kim in order to reduce the amount of information that needs to be stored on the device and to allow a user to remotely define the boundaries.
Regarding claim 3 (dependent on claim 2), Kim further teaches the communication system is configured to connect the microcontroller to the central server and/or the mesh network such that the one or more virtual boundaries are updated on the microcontroller in response to an update of the one or more virtual boundaries on the central server and/or the mesh network. Paragraph 21 discloses “the various aspects are directed to creating, via the controller or the user terminal, a fence area or a combined fence area having selectable and adjustable sizes and shapes”.
Regarding claim 8 (dependent on claim 1), Piggott discloses a power storage device configured to be engaged with the microcontroller. Paragraph 341 discloses a battery to provide electrical power to the controller and stimulus devices.
Piggott does not disclose the power storage device being a hybrid super capacitor. However, paragraph 341 discloses batteries that are chargeable via solar panels. It would be obvious to a person having ordinary skill in the art to modify Piggott to use hybrid super capacitors as known types of rechargeable batteries.
Claims 7, 12 are rejected under 35 USC 103 as being obvious over US Patent Application Number 2021/0105978 by Piggott in view of US Patent Application Number 2022/0272948 by Blanc.
Regarding claim 7 (dependent on claim 5), Piggott discloses the electrode is disposed on the neckband (see Figures 3-6).
Piggott does not disclose the electrode is connected to a removable connector, the removable connector configured to engage with the microcontroller. However, this limitation is taught by Blanc. Blanc discloses a wearable electronic collar, and paragraph 73 discloses “The knob-shaped electrodes 6 have a threaded shaft 18 which is received within a similar sized tapped holes 17 on the concave surface 10 of the housing 8”. Paragraph 72 suggests that “The tapped holes 17 provide a means of interchangeably fitting different shaped and sized electrodes 6”. It would thus be obvious to a person having ordinary skill in the art to modify Piggott using the teachings from Blanc in order to be able to change out different shaped and sized electrodes.
Piggott and Blanc do not disclose the connector being a snap fit connector. However, having disclosed a removable threaded connection, it would be obvious to a person having ordinary skill in the art to modify Piggott and Blanc to use snap fit connectors as a substitution of known types of removable electrode connectors.
Regarding claim 12 (dependent on claim 1), Piggott and Blanc do not disclose a pogo pin configured to connect the electrode to the microcontroller. However, having disclosed a removable connection for electrodes 6, it would be obvious to a person having ordinary skill in the art to modify Piggott and Blanc to use pogo pins as a substitution of known types of removable electrode connectors.
Claim 9 is rejected under 35 USC 103 as being obvious over US Patent Application Number 2021/0105978 by Piggott in view of US Patent Number 6,232,880 to Anderson.
Regarding claim 9 (dependent on claim 1)¸ Piggott does not disclose one or more ear tags configured to house the electrode. However, this limitation is taught by Anderson. Anderson discloses an animal tracking and conditioning system that can be worn as a collar (Figure 3A) or as an ear tag (Figure 4A). It would be obvious to a person having ordinary skill in the art to modify Piggott using the teachings from Anderson to position the location and shock devices on other known parts of an animal as desired.
Conclusion
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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MICHAEL H. WANG
Primary Examiner
Art Unit 3642
/MICHAEL H WANG/Primary Examiner, Art Unit 3642