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 Group II in the reply filed on 12/23/2025 is acknowledged.
Claims 1-4, 11-23 withdrawn (and canceled) from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking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 12/23/2025.
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 5-10, 24-40 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 5, line 1 states “an animal health and safety system” but fails to positively claim any structural features which make up said system. Applicant should amend to clearly and distinctly point out the limitations of the claim.
Regarding claim 5, lines 1-4 state “designed for at least one selected from the group consisting of serve, advise, alert, analyze, assess, diagnose, evaluate, film, log, monitor, photograph, video, research, store, transmit or otherwise communicate” which is indefinite as it is unclear how any of the stated functions are accomplished as there appears to be no structures, other than platforms and/or programs, that could accomplish each of the stated functions. Applicant should amend to clearly and distinctly point out the limitations of the claims. Claim 11 is rejected in the same manner.
Regarding claim 5, line 5 states “monitoring and sensing capabilities” which is indefinite as it is unclear what the monitoring and sensing capabilities are. Applicant should amend to clearly and distinctly point out the limitations of the claim.
Claim 5 recites the limitation "the group" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 5, lines 6-8 state “to obtain data-information” which is indefinite as it is unclear how the data is obtained, housed or stored without any type of storage or memory and how the data is interpreted without any type of processor. Applicant should amend to clearly and distinctly point out the limitations being claimed.
Claim 8 recites the limitation "the sensing" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 10, line 3 states the term “can” which is indefinite as it is unclear if the device is required to perform multiple functions or not. Applicant should amend to clearly and distinctly point out the limitations of the claim.
Regarding claim 10, line 3 states “perform multiple functions” which is indefinite as it is unclear what multiple functions are being referred to. Applicant should amend to clearly and distinctly point the limitations of 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.
(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 5-10, 24-40 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Young (US 2019/0254599).
Regarding claims 5, 7-8, 10, 24-38, as best understood, Young discloses an animal health and safety system designed for at least one selected from the group consisting of serve, advise, alert, analyze, assess, diagnose, evaluate, film, log, monitor, photograph, video, research, store, transmit or otherwise communicate, for the well-being of a living animal(s), via platforms and/or programs, by monitoring and sensing capabilities from at least one device/monitor/sensor to obtain data-information directly from the living animal comprising: the data-information ([0030] the sensor assembly 104 may include a variety of sensors, sensor configurations, and substrates for detecting physiological signals, vital signs, and other signals indicative of a subject's health or condition and [0032] the controller 106 may be configured to carry out various steps to operate the monitoring system 100, including controlling elements of the monitoring system 100, data acquisition, data transfer, data storage, data retrieval, data processing, reporting, power management, and so on) obtained directly from the living animal ([0031] configured for detecting and monitoring animal subjects, such as companion animals, domestic animals, lab animals, wild animals, and so on) is from at least one device/monitor/sensor (100, 104, 114) selected from the group consisting of microfluidics, nano-fluidics, photo-video image detection techniques, sound analytics, nano-biosensors, serodiagnosis, infectious disease detection, molecular biology diagnosis, biochem sensors, metabolic monitoring, breadth/breathing analysis/monitoring, medication patches, stress detection, virus-pathogen detection, contagion, analysis detection and prevention, iontophoretic drug delivery, antibiotic biosensor detection of sub-therapeutic usage causing antibiotic resistance preventing enteric and respiratory diseases, maximum residue limit biosensors for pharmacologically active antibiotic substances and metabolites, rapid detection of the presence or absence of biomarkers and specific chemicals of life-death and health importance, surface plasmon resonance (SPR)-multiple platform, radio-frequency identification tracking of health related behaviors, total quality health management of the animal and animal-to-human contagion real-time device/monitor/sensor detection of zoonotic diseases [0030] Non-limiting examples of sensors include electrocardiogram (“ECG”) sensors, blood pressure sensors, optical sensors, oxygenation sensors, oxygen saturation sensors, respiration sensors, temperature sensors, glucose sensors, muscle activity sensors, and so on. As such, sensors in the sensor assembly 104 may include various electrodes, optical sources and detectors, pressure components, force components, chemical detectors, and others. In some implementations, the sensor assembly 104 may include sensors for determining the subject's activity, such as motion, impact and duration of activity, and so on. Such sensors may therefore include motion sensors (e.g. accelerometers), location sensors (e.g. GPS sensors), and others.).
Regarding claims 6, 9, as best disclosed, Young discloses wherein the at least one device/monitor/sensor (100, 104, 114) to obtain data-information ([0030] the sensor assembly 104 may include a variety of sensors, sensor configurations, and substrates for detecting physiological signals, vital signs, and other signals indicative of a subject's health or condition and [0032] the controller 106 may be configured to carry out various steps to operate the monitoring system 100, including controlling elements of the monitoring system 100, data acquisition, data transfer, data storage, data retrieval, data processing, reporting, power management, and so on) directly from the living animal ([0031] configured for detecting and monitoring animal subjects, such as companion animals, domestic animals, lab animals, wild animals, and so on) is borne by a body covering in contact with the animal ([0047] The sensor assembly 104 may be configured to attach directly to the animal subject. The sensor assembly 104 may be part of, attached to, or incorporated into a wearable item or product that may be coupled to the animal subject. For instance, the sensor assembly 104 may be attached to, or part of, a harness 300A or 300B. The sensor assembly 104 may also be attached to, part of, or incorporated into a collar, a belt, a strap a vest, or other wearable item.).
Regarding claim 39, as best understood, Young discloses wherein the data-information ([0030] the sensor assembly 104 may include a variety of sensors, sensor configurations, and substrates for detecting physiological signals, vital signs, and other signals indicative of a subject's health or condition and [0032] the controller 106 may be configured to carry out various steps to operate the monitoring system 100, including controlling elements of the monitoring system 100, data acquisition, data transfer, data storage, data retrieval, data processing, reporting, power management, and so on) directly from the living animal ([0031] configured for detecting and monitoring animal subjects, such as companion animals, domestic animals, lab animals, wild animals, and so on) from the at least one device/monitor/sensor is transmitted or otherwise communicated to a smart device or wearable ([0060] an end user may receive the data, signals and information from a number of patients on a personal device, including a smart watch, smartphone, tablet, laptop, computer and so forth, and be able to take action accordingly.).
Regarding claim 40, as best understood, Young discloses wherein the living animal is a canine ([0031] configured for detecting and monitoring animal subjects, such as companion animals, domestic animals, lab animals, wild animals, and so on).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Examiner lists referenced documents on PTO-892 because the references present other/alternative or conceptual designs similar in scope that illustrate relevant features, which may demonstrate the level of novelty in comparison to Applicant’s inventive submission. The record relates to Applicant’s identified material and Examiner’s discovered references concerning Applicant’s subject matter relevant for a patentability determination.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON M RODZIWICZ whose telephone number is (571)272-6611. The examiner can normally be reached Monday - Friday 10 am - 6 pm.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Michener can be reached at (571) 272-1467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AARON M RODZIWICZ/Examiner, Art Unit 3642
/MONICA L PERRY/Primary Examiner, Art Unit 3644