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 1-13 are pending and have been examined in this application.
This communication is the first action on the merits.
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, no information disclosure statement has been filed on behalf of this case.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by NPL “Making Chicken Exercises” by SimpleCraftHacks1 Youtube 2024.
In regards to claim 1, SimpleCraftHacks1 anticipates a gravity-powered treadmill for poultry, comprising a rotating platform driven by a gravity of poultry (SimpleCraftHacks1; see video and annotated FIG below where the platform is rotatable about a center, driven by the tilt and gravity of the weight of the poultry walking on it), a container for holding poultry feed (SimpleCraftHacks1; container labeled in the FIG below holding feed connected to the connecting rod), and a mounting frame for assembling the rotating platform to an external structure (SimpleCraftHacks1; the frame connected to the platform and the external structure such as the base), wherein the rotating platform is rotatably mounted on the mounting frame (SimpleCraftHacks1; see video in which the poultry walks on the platform as it rotates and is mounted on the frame), the rotating platform is inclined relative to a horizontal plane when in use, and the container is arranged beside an upwardly inclined side of the rotating platform (SimpleCraftHacks1; see youtube video in which when the poultry stops moving, the platform is driven to rotate under gravity due to the incline of the platform to rotate the poultry further away from the container, encouraging the poultry to walk towards the container; such that the container is beside an upwardly inclined side of the platform).
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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) 2-10, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over NPL “Making Chicken Exercises” by SimpleCraftHacks1 Youtube 2024 in view of (US 4497278 A) to Balder.
In regards to claim 2, SimpleCraftHacks1 teaches the gravity-powered treadmill for poultry according to claim 1, the rotating platform is rotatably assembled on the standing support from above (SimpleCraftHacks1; the platform being rotatably mounted to the standing support of the frame).
SimpleCraftHacks1 fails to teach wherein the mounting frame comprises a standing support, an intersecting support arranged crosswise with the standing support, and a rotation adjustment device assembled between the standing support and the intersecting support, a relative position between the standing support and the intersecting support is adjustable via the rotation adjustment device, thereby tilting the rotating platform relative to the horizontal plane.
Balder teaches wherein the mounting frame comprises a standing support (Balder; 12a or 34a), an intersecting support arranged crosswise with the standing support (Balder; 14a, see FIG 2), and a rotation adjustment device assembled between the standing support and the intersecting support (Balder; rotation adjustment device being comprised of 18, end of 14a, 10a), the platform is assembled on the standing support from above (Balder; the platform of 68 is mounted to 14a and supported via 10a, 12a, 34a from above), a relative position between the standing support and the intersecting support is adjustable via the rotation adjustment device, thereby tilting the rotating platform relative to the horizontal plane (Balder; see where 10a is used to adjust the angular positioning of 15a with respect to 12a or 34a via the screw 48a which would tilt the platform connected to 14a with respect to the horizontal plane).
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SimpleCraftHacks1 and Balder are analogous art from similar fields of endeavor i.e. elevated support structures for birds.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of SimpleCraftHacks1 such that its frame has a standing support, intersecting support and a rotation adjustment device such as the one taught by Balder. The motivation for doing so would be to provide the user with the ability to mount the device to a variety of structures and to adjust the positioning of the place where birds are intended to stand and where their feeders are located.
In regards to claim 3, SimpleCraftHacks1 as modified by Balder teaches the gravity-powered treadmill for poultry according to claim 2, wherein the rotation adjustment device comprises an adjusting fastener (Balder; screw 48a), a first connecting member and a second connecting member that are crosswise arranged and connected together (Balder; second connecting member being the piece on the exterior of 14a and the end of 14a connected to 10a, which is connected to a first connecting member which is the part of 18a sleeved onto 12a), the first connecting member is assembled with the standing support (Balder; 18a is assembled with 12a), and the second connecting member is assembled with the intersecting support (Balder; exterior of 14a and end of 14a connected to the main bar of 14a, see the cross section in FIG 2), the adjusting fastener is configured to selectively fasten or unfasten the second connecting member and the intersecting support (Balder; where screw 48a can be used to fasten or unfasten the elements of 14a with 18a, 12a).
In regards to claim 4, SimpleCraftHacks1 as modified by Balder teaches the gravity-powered treadmill for poultry according to claim 3, wherein the standing support (Balder; 12a) is perpendicular to the rotating platform (SimpleCraftHacks1; the platform in the annotated FIG above) and the intersecting support respectively (Balder; 14a) (SimpleCraftHacks1 and Balder together; the platform is perpendicular to its frame in SimpleCraftHacks1, and Balder teaches a platform and the intersecting support being perpendicular to the standing support).
In regards to claim 5, SimpleCraftHacks1 as modified by Balder teaches the gravity-powered treadmill for poultry according to claim 3, wherein the first connecting member is a tube sleeved over the standing support (Balder; first connecting member which is the part of 18a sleeved onto 12a), the second connecting member is a tube sleeved over the intersecting support (Balder; second connecting member being the piece on the exterior of 14a and the end of 14a connected to 10a which is a tube sleeved over the inner tube of 14a, see cross section in FIG 2), and the adjusting fastener is rotatably inserted through the second connecting member (Balder; 48a inserted rotatably through the second connecting member at the end of 14a connected to 10a).
In regards to claim 6, SimpleCraftHacks1 as modified by Balder teaches the gravity-powered treadmill for poultry according to claim 5, wherein the second connecting member is provided with a threaded hole for threaded connection with the adjusting fastener (Balder; 48a being a threaded screw, the threaded hole being the hole through the end of 10a, 14a which receives 48a), the adjusting fastener is extended into the second connecting member through the threaded hole (Balder; see FIG 2 where 48a is extended into the second connecting member the piece on the exterior of 14a and the end of 14a connected to 10a which is a tube sleeved over the inner tube of 14a) and is configured to selectively pressed against or release the intersecting support (Balder; configured to release the intersecting support of the inner tube of 14a by unscrewing to release it from being fastened with 18a).
In regards to claim 7, SimpleCraftHacks1 as modified by Balder teaches the gravity-powered treadmill for poultry according to claim 2, wherein the intersecting support is a horizontal rod perpendicular to the standing support (Balder; 14a being a horizontal rod perpendicular to 12a), and an end of the horizontal rod is connected with a flange seat (Balder; end of 14a is connected with a flange seat, where 10a has the flanges and acts as a seat for the end of 14a).
In regards to claim 8, SimpleCraftHacks1 as modified by Balder teaches the gravity-powered treadmill for poultry according to claim 2, wherein the intersecting support comprises an intersecting section arranged crosswise the standing support (Balder; end of 14a being an intersecting section which is arranged crosswise with 12a), an aligned section located below the intersecting section and vertically aligned with the standing support (Balder; 34a being an aligned section vertically aligned with 12a and below 14a’s intersecting section), and a curved section connected between the intersecting section and the aligned section (Balder; 10a having a curved section which is connected between the intersecting section of 14a and the aligned section 34a); and an end of the aligned section is connected with a flange seat, a base or an insert (Balder; base 16a).
In regards to claim 9, SimpleCraftHacks1 as modified by Balder teaches the gravity-powered treadmill for poultry according to claim 2, further comprising a connecting rod for connecting the container to the mounting frame, wherein the container is suspended above a corresponding position of the rotating platform via the connecting rod (SimpleCraftHacks1; see annotated FIG above where there is a connecting rod connecting the container to the frame through the platform to suspend it above the platform to lure a poultry towards it).
In regards to claim 10, SimpleCraftHacks1 as modified by Balder teaches the gravity-powered treadmill for poultry according to claim 9, further comprising an angle adjusting fastener (Balder; 32a) and an angle adjusting tube for adjusting a position of the container along a rotation direction of the rotating platform (Balder; in this interpretation, 12a being the adjusting tube, which when rotated would adjust a position of the container along a rotation direction of the platform of SimpleCraftHacks1), wherein the angle adjusting tube is sleeved over the standing support and rotatable around the standing support (Balder; 34a being the standing support which has the angle adjusting tube 12a sleeved over the top 28a of 34a and rotatable about 34a), the connecting rod is connected with the angle adjusting tube (SimpleCraftHacks1; connecting rod as seen in the annotated FIG above is connected through the platform with the frame) (In the combination of SimpleCraftHacks1 and Balder would be connected to the frame and thus connected to the angle adjusting tube via structures 14a, 10a), and the angle adjusting fastener is inserted through the angle adjusting tube and selectively fasten or unfasten the standing support and the angle adjusting tube (Balder; where 23a is inserted through an exterior of 12a, 30a to fasten or unfasten 34a with 12a, see FIG 2).
In regards to claim 13, SimpleCraftHacks1 as modified by Balder teaches the gravity-powered treadmill for poultry according to claim 10, wherein the connecting rod is located above the rotating platform and in a shape of an arc (SimpleCraftHacks1; see annotated FIG above where the connecting rod is located above the platform and creates an arc shape by going up, extending outwards, and extending downwards).
SimpleCraftHacks1 as modified by Balder fail to explicitly teach wherein the connecting rod is in the shape of "∏".
However, it would have been an obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make an obvious matter of design choice to make the connecting rod of whatever form or shape was desired or expedient. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47. In this case, the arc-shaped rod provides the same function as one shaped as "∏" by bending upwards, outwards, and downwards to position the feed container above the platform at a desired position to lure a poultry to walk forwards. Additionally, applicant fails to provide criticality for this specific shape and why this shape is critical over other shapes that would provide an elevated positioning at the outward edge of the rotating platform, and has additionally proposed other shapes which would be sufficient to place the feeder. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to use a "∏" shape due to aesthetic appeal or for a rigid construction.
Allowable Subject Matter
Claims 11-12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
NPL “Here’s how I made my merry-go-round” by ChickenSchmidtFarms on Youtube teaches an angled poultry exercise machine, the machine comprising a platform connected to an intersecting and support column and tilted at an angle such that it is driven by gravity of a chicken on top of it.
NPL “Marry Go Round For Chickens” by Hen Hero on Youtube teaches an angled poultry exercise machine, the machine comprising a platform which is driven by the weight of the chickens on it and due to gravity. The platform additionally has a feeding system with a hanging feeder next to the platform.
US 0698381 A to Gale is a rotating treadmill with a feeder bowl rotatably positioned next to it.
US 20190017286 A1 to Hossain teaches a fastener and sleeve connection system to rotatably fasten a post holding a bird house to different positions.
US 20160095300 A1 to Steudler teaches a poultry farm feeder with sleeve connections to a poultry rail to allow for repositioning of the feeders.
US 1794951 A to James teaches a rotating exercise device for animals.
US 2467338 A to Sellards teaches a rotating angled platform driven by gravity and the weight of an individual on the platform.
US 2831457 A to McMurry teaches an animal exercising device with supports and fasteners which allow for the rotation of a platform.
US 20030056735 A1 to Hull teaches an angled dish which is driven by gravity and a weight of an animal on it.
US 20070169706 A1 to Vagedes teaches a feeder supported to a wall structure with various support poles.
US 5114390 A to Treibelhorn teaches an animal treadmill with a feeder adjacent to the treadmill.
DE 202020105851 U1 teaches an animal treadmill which is angled.
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