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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "31" and "33" have both been used to designate rear hooves (see Fig. 9). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "14" and "10" have both been used to designate frame (see Fig. 6). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to because Fig. 6 shows reference 15 directed to a bovine leg. However, the specification describes reference 15 as spraying. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 4, 9, and 11 (as well as claims 5 and 10 due to dependency) 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.
Claims 4 and 11 recite the limitation, “wherein said at least one sensor comprises a first sensor and a second sensor” which is vague and indefinite because claim 1 claims at least one sensor, and at least one actuator. From the specification [0021-0022], the actuator is described as the second sensor. Therefore, it is unclear what structure is being claimed as the at least one actuator. Is the at least one actuator the solenoids described in [0026]?
Furthermore, the actuator is configured to separately deliver fluid, which is vague and indefinite because it is unclear what the actuator is separately delivering fluid from. Is the actuator a valve?
Claim 9 recites the limitation "the frame" in line 3. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1 and 4-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Greeson; John S. (US 20090178626 A1).
Regarding claim 1 Greeson discloses an apparatus for spraying a hoof (18) of a bovine (Fig. 1A; 20), said apparatus comprising: a frame (Fig. 3; 80a-b) configured for passage through an opening of the frame by a bovine; a spray header (Fig. 3; 60a-c); [0063] extending across said frame and configured and positioned for the bovine to step over said spray header when the bovine is passing through the frame (Fig. 1A);
wherein said spray header comprising at least one first side spray nozzle (22a-c; 64a-n) positioned in a spray header first side and configured to spray horizontally away from the spray header first side, wherein said spray header comprising at least one second side spray nozzle (22a-c; 64a-n) positioned in a spray header second side and configured to spray horizontally away from said spray header second side, wherein said spray header first side and said spray header second side being positioned opposite one another [0058];
at least one sensor (Figs. 2B-C; 14a-n); [0057] configured to detect when a hoof of said bovine is in front of said first side spray nozzle and to detect when a bovine is in front of said second side spray nozzle;
a processor (Fig. 3; 16) in communication with said sensor to receive a notification from said sensor that a bovine is in front of said first side spray nozzle and/or said second side spray nozzle;
and at least one actuator (corresponding to a plurality of valves); [0062-0063] configured to separately deliver fluid to said first side spray nozzle and said second side spay nozzle in response to a signal from said processor.
Regarding claim 4 Greeson, as shown above, discloses all of the limitations of claim 1. Greeson further discloses wherein said at least one sensor comprises a first sensor (Fig. 1A; corresponding to sensors positioned below 12b) and a second sensor (corresponding to sensors positioned below 12a), wherein said first sensor is configured to detect when a bovine is positioned in front of said first side spray nozzle, wherein said second sensor is configured to detect when said bovine is in front of said second side spray nozzle [0060].
Regarding claim 5 Greeson, as shown above, discloses all of the limitations of claim 4. Greeson further discloses wherein said first sensor is positioned proximate to an entry (Fig. 1A) opening of said frame, wherein said second sensor is positioned proximate to an exit (Fig. 1A) opening of said frame.
Regarding claim 6 Greeson, as shown above, discloses all of the limitations of claim 1. Greeson further discloses said first side spray nozzle and said second side spray nozzle are configured to spray in a horizontal fan spray pattern (Fig. 1A; 32A).
Regarding claim 7 Greeson, as shown above, discloses all of the limitations of claim 1. Greeson further discloses wherein said apparatus comprises a reservoir (Fig. 3; 34); [0059] for storing activated chlorine dioxide (structurally capable of holding chlorine dioxide), wherein said reservoir is in fluid connection with said spray nozzles [0059].
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) 2-3 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Greeson; John S. (US 20090178626 A1) in view of Richards; Randall (US 20120174872 A1).
Regarding claim 2 Greeson, as shown above, discloses all of the limitations of claim 1. Greeson further discloses ingredients [0004] for treating warts (as in the instant disclosure), but fails to explicitly disclose chlorine dioxide. Richards teaches chlorine dioxide [0036].
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the liquid of Greeson to be chlorine dioxide, as taught by Richards, in order to provide an eco-friendlier disinfectant [0006].
Regarding claim 3 Greeson, as shown above, discloses all of the limitations of claim 1. Greeson does not disclose wherein said sensor comprises a laser eye sensor. Richards teaches wherein said sensor comprises a laser eye sensor [0029].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the sensor of Greeson to be a laser eyer sensor, as taught by Richards, in order to improve the longevity of the sensor, since over time pressure sensors experience more wear and tear.
Regarding claim 8 Greeson, as shown above, discloses all of the limitations of claim 1. Greeson further discloses a pump (38) to pump activated chlorine dioxide to said spray nozzles.
Claim(s) 9 and 11-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Greeson; John S. (US 20090178626 A1) in view of KNAPP ANDREW S (US 2542280 A), in view of Richards; Randall (US 20120174872 A1).
Regarding claims 9 and 12 Greeson discloses a bovine hoof spray system (Fig. 1A) comprising: a spray header (Fig. 3; 60a-c) extending across a frame and configured and positioned for the bovine to step over said spray header when the bovine is passing through the frame [0063];
wherein said spray header comprising at least one first side spray nozzle (22 a-c; 64a-n) positioned in a spray header first side and configured to spray horizontally away from the spray header first side, wherein said spray header comprising at least one second side spray nozzle (22 a-c; 64a-n) positioned in a spray header second side and configured to spray horizontally away from said spray header second side, wherein said spray header first side and said spray header second side being positioned opposite one another (Fig. 1A); [0058];
at least one bovine sensor (Figs. 2B-C; 14a-n); [0057] configured to detect when a hoof of said bovine is in front of said first side spray nozzle and to detect when a bovine is in front of said second side spray nozzle;
a processor (Fig. 3; 16) in communication with said sensor to receive a notification from said sensor that a bovine is in front of said first side spray nozzle and/or said second side spray nozzle;
at least one actuator (corresponding to a plurality of valves); [0062-0063] configured to separately deliver fluid to said first side spray nozzle and said second side spay nozzle in response to a signal from said processor;
and a pump (38); [0063] configured to pump said liquid comprising activated chlorine dioxide to said first side sprayers and said second side sprayers; spraying hooves (Fig. 1A).
Greeson does not disclose a bovine chute. Knapp teaches a bovine chute (title); (Fig. 1).
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the device of Greeson to include a bovine chute, as taught by Knapp, in order to force the animal in a direction to be treated in a safe manner (Col. 1, lines 19-29).
Greeson in view of Knapp does not disclose a chlorine dioxide reservoir for storing a liquid comprising activated chlorine dioxide in fluid communication with said first side spray nozzle and said second side spray nozzle. Richards teaches a chlorine dioxide reservoir (Fig. 1; 10) for storing a liquid comprising activated chlorine dioxide in fluid communication with said first side spray nozzle and said second side spray nozzle [0036].
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the liquid of Greeson to be chlorine dioxide, as taught by Richards, in order to provide an eco-friendlier disinfectant [0006], and since Greeson discloses a liquid for the treatment of hoof warts, as in the instant invention [0004].
The method steps are inherently disclosed in the normal operation of the device cited above.
Regarding claims 11 and 15 Greeson in view of Knapp and Richards, as shown above, discloses all of the limitations of claim 9. Greeson further discloses wherein said at least one sensor comprises a first sensor (Fig. 1A; corresponding to sensors positioned below 12b) and a second sensor (corresponding to sensors positioned below 12a), wherein said first sensor is configured to detect when a bovine is positioned in front of said first side spray nozzle, wherein said second sensor is configured to detect when said bovine is in front of said second side spray nozzle [0060].
Regarding claim 13 Greeson in view of Knapp and Richards, as shown above, discloses all of the limitations of claim 9. Greeson in view of Knapp and Richards further discloses wherein said step of mixing said base product with an activator comprises mixing water with said base product and said activator (Richards; [0036]); (in order to produce chlorine dioxide from two separate hoof treatment chemical fluid streams, the two streams would have to be a base and an activator).
Regarding claim 14 Greeson in view of Knapp and Richards, as shown above, discloses all of the limitations of claim 9. Greeson in view of Knapp and Richards further discloses wherein said step of mixing said base product with an activator comprises mixing water with said base product and said activator (Richards; [0036]).
Regarding claim 16 Greeson in view of Knapp and Richards, as shown above, discloses all of the limitations of claim 12. Greeson in view of Knapp does not disclose wherein said sensor comprises a laser eye sensor. Richards teaches wherein said sensor comprises a laser eye sensor [0029].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the sensor of Greeson and Knapp to be a laser eyer sensor, as taught by Richards, in order to improve the longevity of the sensor, since over time pressure sensors experience more wear and tear.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Greeson; John S. (US 20090178626 A1) in view of KNAPP ANDREW S (US 2542280 A), in view of Richards; Randall (US 20120174872 A1), further in view of v CHOI JAE JIN (KR 101990544 B1); (see attached NPL).
Regarding claim 10 Greeson in view of Knapp and Richards, as shown above, discloses all of the limitations of claim 9. Greeson in view of Knapp and Richards does not disclose a base product reservoir and an activator product reservoir in fluid communication with said chlorine dioxide reservoir, wherein said chlorine dioxide reservoir comprises a level sensor configured to detect the level of chlorine dioxide liquid in said reservoir, wherein said system comprises an injector configured to mix said base product with said activator and water to generate said chlorine dioxide liquid.
Choi teaches a base product reservoir (110) and an activator product reservoir (120) in fluid communication with said chlorine dioxide reservoir (130) wherein said chlorine dioxide reservoir comprises a level sensor (160) configured to detect the level of chlorine dioxide liquid in said reservoir, wherein said system comprises an injector (corresponding to injection pumps); (page 4) configured to mix (the structure is capable of mixing the base, activator, and water) said base product with said activator and water to generate said chlorine dioxide liquid.
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the chlorine dioxide reservoir of Greeson in view of Knapp and Richards to include a base product reservoir and an activator product reservoir in fluid communication with said chlorine dioxide reservoir, wherein said chlorine dioxide reservoir comprises a level sensor configured to detect the level of chlorine dioxide liquid in said reservoir, wherein said system comprises an injector configured to mix said base product with said activator and water to generate said chlorine dioxide liquid, as taught by Choi, in order to more efficiently control the concentration of the chlorine dioxide solution.
Greeson in view of Knapp, Richards, and Choi does not explicitly disclose mixing when said sensor detects a low level of chlorine dioxide liquid in said chlorine dioxide reservoir. However, it would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the system of Greeson in view of Knapp, Richards, and Choi to mix when said sensor detects a low level of chlorine dioxide liquid in said chlorine dioxide reservoir in order to provide enhanced automation, and a streamlined disinfecting process.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited art is considered pertinent because it relates to bovine treatment systems similar to the disclosed invention.
US 20120192805 A1
US 20190246601 A1
US 20150201583 A1
US 4126104 A
US 12369565 B1
US 5630379 A
US 7798104 B2
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRITTANY LOWERY whose telephone number is (571)270-3228. The examiner can normally be reached M-F 7 am-4 pm MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Collins can be reached at 571-272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRITTANY A LOWERY/Examiner, Art Unit 3644
/TIMOTHY D COLLINS/Supervisory Patent Examiner, Art Unit 3644
