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 .
This is the first Office Action on the merits. Claims 1-9 and 21-31 are currently pending.
Election/Restrictions
Claims 10-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 02/25/2026.
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, 7-8, 21-24, 27-28, and 30-31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by St. Pierre (US 2914023 A), hereafter referred to as “St. Pierre”.
Regarding claim 1, St. Pierre discloses a system (figs. 1-8) comprising:
a storage container (18; fig. 8);
a housing (20, 22, 48) comprising a plurality of output locations (locations on either side of 22 on 20; figs. 1 and 4);
a motorized distribution assembly (10, 12; col. 2, lines 12-19) operatively coupled to the storage container and the housing (fig. 2), the motorized distribution assembly configured to distribute at least a portion of a consumable material from the storage container to the plurality of output locations (col. 1, line 70-col. 2, line 31 and figs. 1-2); and
one or more adjustable partitions (elements 26) positioned within the housing (figs. 4 and 7) and defining one or more boundaries between the plurality of output locations (figs. 1 and 6-7), the one or more adjustable partitions configured to independently vary an amount of the consumable material distributed to the plurality of output locations (col. 2, lines 20-41).
Regarding claim 2, St. Pierre discloses the system of claim 1, and further discloses that the motorized distribution assembly (10, 12) comprises a rotatable member (12, 14) having one or more openings (spaces between successive elements 14 connected to 12; see fig. 3) configured to deliver the consumable material to the plurality of output locations (fig. 3).
Regarding claim 3, St. Pierre discloses the system of claim 1, and further discloses that the one or more adjustable partitions (elements 26) are translatable, along an axis, within the housing (figs. 6-7) to alter a volume associated with each of the plurality of output locations (fig. 6 showing that translation of elements 26 change a volume of feed delivered on either side of element 22 on 20).
Regarding claim 4, St. Pierre discloses the system of claim 1, and further discloses that the housing (20, 22, 48) comprises a base surface (surface in which 48 is mounted; fig. 1), and the plurality of output locations are defined along the base surface (fig. 1).
Regarding claim 7, St. Pierre discloses the system of claim 1, and further discloses that the motorized distribution assembly (10, 12) further comprises an agitator (38, 40) configured to facilitate movement of the consumable material within the storage container (col. 2, lines 58-64).
Regarding claim 8, St. Pierre discloses the system of claim 1, and further discloses a controller configured to operate the motorized distribution assembly according to a predefined temporal schedule (col. 2, lines 15-19).
Regarding claim 21, St. Pierre discloses a feeder system (figs. 1-8) comprising:
a storage container (18; fig. 8);
a housing (20, 22, 48) comprising a plurality of output locations (20; figs. 1 and 4);
a motorized distribution assembly (10, 12; col. 2, lines 12-19) operatively coupled to the storage container and the housing (fig. 2), the motorized distribution assembly configured to distribute consumable material from the storage container toward the plurality of output locations (col. 1, line 70-col. 2, line 31 and figs. 1-2); and
an adjustable partition (26) coupled to the housing and configured to independently vary an amount of the consumable material distributed to the plurality of output locations (col. 2, lines 20-41).
Regarding claim 22, St. Pierre discloses the system of claim 21, and further discloses that the motorized distribution assembly (10, 12) comprises a rotatable member (12, 14) having one or more openings (spaces between successive elements 14 connected to 12; see fig. 3) configured to deliver the consumable material to the plurality of output locations (fig. 3).
Regarding claim 23, St. Pierre discloses the feeder system of claim 21, and further discloses that the one or more adjustable partitions (elements 26) are translatable, along an axis, within the housing (figs. 6-7) to alter a volume associated with each of the plurality of output locations (fig. 6 showing that translation of elements 26 change a volume of feed delivered on either side of element 22 on 20).
Regarding claim 24, St. Pierre discloses the feeder system of claim 21, and further discloses that the housing (20, 22, 48) comprises a base surface (surface in which 48 is mounted; fig. 1), and the plurality of output locations are defined along the base surface (fig. 1).
Regarding claim 27, St. Pierre discloses the feeder system of claim 21, and further discloses that the motorized distribution assembly (10, 12) further comprises an agitator (38, 40) configured to facilitate movement of the consumable material within the storage container (col. 2, lines 58-64).
Regarding claim 28, St. Pierre discloses the feeder system of claim 21, and further discloses a controller configured to operate the motorized distribution assembly according to a predefined temporal schedule (col. 2, lines 15-19).
Regarding claim 30, St, Pierre discloses an animal feed dispensing apparatus (figs. 1-8) comprising:
a storage container (18; fig. 8);
a plurality of output locations (20);
a motorized distribution assembly (10, 12; col. 2, lines 12-19) operatively coupled to the storage container and configured to distribute consumable material from the storage container toward the plurality of output locations simultaneously (fig. 2 showing that elements 10, 12 are a continuous loop with feed always in motion towards all locations at the same time); and
an adjustable partition (26) configured to independently vary an amount of the consumable material distributed to the plurality of output locations (col. 2, lines 20-41).
Regarding claim 31, St. Pierre discloses the animal feed dispensing apparatus of claim 30, and further discloses that the adjustable partition (26) is disposed between the motorized distribution assembly (10, 12) and the output locations (fig. 1 showing that 26 is located between elements 10, 12 and 20) and positioned along a flow path defined by movement of the consumable material from the motorized distribution assembly to the output locations such that the consumable material engages the adjustable partition during distribution (claim 1 and fig. 1).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 5 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over St. Pierre as applied to claims 1 and 21 above, and further in view of Brooks (US 3557757 A), hereafter referred to as “Brooks”.
Regarding claim 5, St. Pierre teaches the system of claim 1, but does not explicitly teach one or more sensors disposed proximate to a plurality of output locations, the one or more sensors configured to detect a presence of a recipient.
Brooks teaches a system (figs. 1-10) including one or more sensors (46) disposed proximate to an output location (fig. 1), the one or more sensors configured to detect a presence of a recipient (col. 3, lines 34-42 and lines 49-66).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of St. Pierre to include one or more sensors disposed proximate to a plurality of output locations, the one or more sensors configured to detect a presence of a recipient, as taught by Brooks, in order to eliminate feed waste (col. 2, lines 11-15 of Brooks; see also St. Pierre at col. 1, lines 18-22).
Regarding claim 25, St. Pierre teaches the feeder system of claim 21, but does not explicitly teach one or more sensors disposed proximate to a plurality of output locations, the one or more sensors configured to detect a presence of a recipient.
Brooks teaches a system (figs. 1-10) including one or more sensors (46) disposed proximate to an output location (fig. 1), the one or more sensors configured to detect a presence of a recipient (col. 3, lines 34-42 and lines 49-66).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of St. Pierre to include one or more sensors disposed proximate to a plurality of output locations, the one or more sensors configured to detect a presence of a recipient, as taught by Brooks, in order to eliminate feed waste (col. 2, lines 11-15 of Brooks; see also St. Pierre at col. 1, lines 18-22).
Claims 6 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over St. Pierre in view of Brooks as applied to claims 5 and 25 above, and further in view of Vaags et al. (US 6779486 B2), hereafter referred to as “Vaags”.
Regarding claim 6, St. Pierre in view of Brooks teaches the system of claim 5, but does not explicitly teach that the motorized distribution assembly is further configured to modify a distribution pattern based on data from the one or more sensors.
Vaags teaches a system (figs. 1-18) including a motorized distribution assembly configured to modify a distribution pattern based on data from one or more sensors (claim 19).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of St. Pierre in view of Brooks, such that the motorized distribution assembly is further configured to modify a distribution pattern based on data from the one or more sensors, as taught by Vaags, in order to further eliminate feed waste by measuring the amount of feed dispensed and the intake of feed (col. 2, lines 17-22; see also St. Pierre at col. 1, lines 18-22).
Regarding claim 26, St. Pierre in view of Brooks teaches the feeder system of claim 25, but does not explicitly teach that the motorized distribution assembly is further configured to modify a distribution pattern based on data from the one or more sensors.
Vaags teaches a system (figs. 1-18) including a motorized distribution assembly configured to modify a distribution pattern based on data from one or more sensors (claim 19).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of St. Pierre in view of Brooks, such that the motorized distribution assembly is further configured to modify a distribution pattern based on data from the one or more sensors, as taught by Vaags, in order to further eliminate feed waste by measuring the amount of feed dispensed and the intake of feed (col. 2, lines 17-22 of Vaags; see also St. Pierre at col. 1, lines 18-22).
Claims 9 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over St. Pierre in view of Brooks as applied to claims 8 and 28 above, and further in view of Smith (US 3750626 A), hereafter referred to as “Smith”.
Regarding claim 9, St. Pierre teaches the system of claim 8, but does not explicitly teach that the controller is further configured to receive user-defined parameters specifying the amount of the consumable material to be distributed to the plurality of output locations.
Smith teaches a system (figs. 1-8) including a controller configured to receive user-defined parameters specifying the amount of the consumable material to be distributed to the plurality of output locations (col. 1, lines 37-63).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of St. Pierre, such that the controller is further configured to receive user-defined parameters specifying the amount of the consumable material to be distributed to the plurality of output locations, as taught by Smith, in order to further eliminate feed waste by distributing only feed that is needed (col. 2, lines 9-17 of Smith; see also St. Pierre at col. 1, lines 18-22).
Regarding claim 29, St. Pierre teaches the feeder system of claim 28, but does not explicitly teach that the controller is further configured to receive user-defined parameters specifying the amount of the consumable material to be distributed to the plurality of output locations.
Smith teaches a system (figs. 1-8) including a controller configured to receive user-defined parameters specifying the amount of the consumable material to be distributed to the plurality of output locations (col. 1, lines 37-63).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of St. Pierre, such that the controller is further configured to receive user-defined parameters specifying the amount of the consumable material to be distributed to the plurality of output locations, as taught by Smith, in order to further eliminate feed waste by distributing only feed that is needed (col. 2, lines 9-17 of Smith; see also St. Pierre at col. 1, lines 18-22).
Conclusion
The cited prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure. The references have many of the elements in the applicant’s disclosure and claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jessica Byun whose telephone number is (571) 272-3212. The examiner can normally be reached Monday - Friday, 9:00 AM - 5:00 PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. Agendas may be sent to HaeRie.Byun@uspto.gov.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Poon can be reached on (571) 272-6891. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/H.J.B./Examiner, Art Unit 3643
/MARISA V CONLON/Primary Examiner, Art Unit 3643