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 .
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 2, 3, & 5-15 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.
Regarding claims 2 & 5-13, each iteration of “preferably” implies an optional limitation, rendering the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See § MPEP 2173.05(h)(II).
RE claim 2, the recitation of “a securing system” appears to double include the “hoof component holder” of claim 1. It is unclear what is structurally different between these two claimed components, especially with no specific structure positively recited in the claims.
Claim 3 recites the limitation “the joining direction” in lines 2-3, and claim 10 recites the limitation “the reaction force measuring plate”. There is insufficient antecedent basis for each limitation in the respective claim.
Claim 11 requires “wherein the connector element opening is otherwise at least partially, preferably completely, closed by a connector element clamp,” the term “otherwise” appears to be comparing the claim limitation to that of claim 10. It is unclear whether the phrase is further limiting or optional.
Claim 13 requires “a plurality, especially a plurality corresponding to the plurality of force measurement sensors, of elastic force transmission studs which are fixed to the free surfaces of the force measurement sensors” but it is unclear which elements are positively required. Further, the phrase is incomplete. It is unclear where the studs, if required, are required to be fixed.
RE Claims 14 & 15, each claim’s preamble is directed to something outside of the scope of what the claim body appears to imply. It is unclear whether Applicant intends to import claim 1; if so, this skews each claim outside of the scope set forth by the preamble. If not, then only a generic hoof boot/ electronic hoof component are required.
Further RE claim 15, it is unclear what structure is necessary for the claimed electronic hoof component.
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, 9-11, & 13-15 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being disclosed by Fullen et al. (US 5736656 A).
For claim 1, Fullen discloses a hoof boot system (as detailed in the claim(s) below, the system of Fullen) with a hoof boot (attachment boot 12) with at least one sensor system (force sensor array 6 comprised of sensors 6) and a hoof boot wall (wall of boot 12) with a hoof component holder (an attachment strap 62 or band, Col. 9, lines 18-27) and with an electronic hoof component (electronics module 10) which is held by the hoof component holder and is designed to read the sensor system of the hoof boot (Col. 8, line 66-Col. 9, line 12).
For claim 2, Fullen discloses the hoof boot system according to claim 1, and Fullen further discloses wherein the electronic hoof component is accommodated and held in a securing system (the Velcro or other attachment on the band 62, Id.),
For claim 3, Fullen discloses the hoof boot system according to claim 1, and Fullen further discloses wherein the hoof component holder has a stop edge along the joining direction and the electronic hoof component has a corresponding stop edge opposed along the joining direction (note that 10 & 62 are adjoined to one another, and generally align along the top and bottom edges, Fig. 1).
For claim 4, Fullen discloses the hoof boot system according to claim 1, and Fullen further discloses wherein the hoof component holder has a pressure compensation element perpendicular to the joining direction (fill material 18, which extends horizontally away from the joining direction, Fig. 1) and/or1 the electronic hoof component has a pull-out protection device opposed perpendicular to the joining direction (the conductive cable 8, through assembly/disassembly of the “interconnected… means” Col. 5, lines 3-10, would be able to be pulled out from the electronics module 10 in the vertical direction, Fig. 1 and Col. 5).
For claim 9, Fullen discloses the hoof boot system according to claim 1, and Fullen further discloses wherein the hoof boot has a hoof boot sole which completely encloses the sensor system relative to the ground (Fig. 1), and wherein the hoof boot wall is integrally formed with the hoof boot sole and encloses the sensor system and, during use, the hoof, at least partially (as seen in Fig. 1, 12 is the same cross-hatch pattern continuously from side to side and forming the top wall),
For claim 10, Fullen discloses the hoof boot system according to claim 1, and Fullen further discloses wherein the electronic hoof component is electrically and conductively connected to the sensor system (via cables 8) of the reaction force measuring plate by means of a connector element (cables 8), wherein the connector element passes through a connector element opening of the hoof boot wall (formed at the top, Fig. 1),
For claim 11, Fullen discloses the hoof boot system according to claim 10, and Fullen further discloses wherein the connector element opening is otherwise at least partially,
For claim 13, Fullen discloses the hoof boot system according to claim 1, and Fullen further discloses wherein the sensor system is a reaction force measuring plate for detecting the ground reaction force distribution over the ground contact surface of the foot of a hoofed animal when it strikes the ground (opposing conductive interconnection film 22 having a pressure sensitive resistive material 30 positioned therebetween), with a
For claim 14, Fullen discloses a hoof boot (12) for use in a hoof boot system according to claim 1 (12 is capable of being used in the same manner as claimed in claim 1).
For claim 15, Fullen discloses an electronic hoof component (10) for use in a hoof boot system according to claim 1 (10 is capable of being used in the same manner as claimed in claim 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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Fullen as applied to claim 1 above, and further in view of Kwon (KR 20220036551 A).
For claim 5, Fullen discloses the hoof boot system according to claim 1.
Fullen is silent to wherein the electronic hoof component has at least one charging port,
Kwon, like prior art above, teaches an animal wearable care device (title, disclosure) further comprising at least one charging port (“As any one of the phosphorus storage batteries, it can be replaced or recharged using a charging port (USB terminal, etc. / not shown).” of the appended translation, page 5).
Therefore, it would have been obvious to one of ordinary skill in the art before the claimed invention was effectively filed to modify the electronics module of Fullen with a charging port as taught by Kwon, in order to provide renewable power and avoid the unnecessary disassembly of the housing, yielding predictable results.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Fullen as applied to claim 1 above, and further in view of Ratzlaff et al. (US 4814661 A, “Ratzlaff”).
For claim 6, Fullen discloses the hoof boot system according to claim 1.
Fullen is silent to wherein the electronic hoof component has an operating element,
Ratzlaff, like prior art above, teaches a gait measuring device (title, disclosure) further comprising a switch (S3) accessible from the outside (Col. 13, lines 28-30).
Therefore, it would have been obvious to one of ordinary skill in the art before the claimed invention was effectively filed to modify the electronics components of Fullen with a switch as taught by Ratzlaff, in order to provide further control over the device, yielding predictable results.
Claims 7 & 8 are rejected under 35 U.S.C. 103 as being unpatentable over Fullen as applied to claim 1 above.
For claim 7, Fullen discloses the hoof boot system according to claim 1.
Fullen is silent to wherein the electronic hoof component has at least one display element visible from the outside,
It would have been obvious to one of ordinary skill in the art before the claimed invention was effectively filed to modify the electronic hoof component of Fullen to have at least one display element, in order to realize the advantages of real-time monitoring and/or calibration of the mechanisms, and since the Examiner takes Official Notice that displays for digital data is exceedingly well known in the art.
For claim 8, Fullen discloses the hoof boot system according to claim 1.
Fullen is silent to wherein the electronic hoof component has four display elements that are visible from the outside,
It would have been obvious to one of ordinary skill in the art before the claimed invention was effectively filed to modify the electronic hoof component of Fullen to have four display elements, in order to realize the advantages of real-time monitoring and/or calibration of the mechanisms, and since the Examiner takes Official Notice that displays for digital data is exceedingly well known in the art.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Fullen as applied to claim 1 above, and further in view of Bucalo (US 3999611 A).
For claim 12, Fullen discloses the hoof boot system according to claim 1.
Fullen is silent to wherein the electronic hoof component is arranged on the outside of the hoof boot wall, wherein the hoof boot wall has a hoof component guard which surrounds the electronic hoof component at least from below,
Bucalo, like prior art above, teaches a hoof boot (Fig. 11), like prior art above, teaches an electronic hoof component (90) is arranged on the hoof boot wall, wherein the hoof boot wall has a hoof component guard which surrounds the electronic hoof component at least from below (Fig. 11).
Therefore, it would have been obvious to one of ordinary skill in the art before the claimed invention was effectively filed to modify the electronics module of Fullen to be carried on the hoof boot as taught by Bucalo, in order to simplify the device into one component, avoiding extra elements, yielding predictable results.
It would have been further obvious to one having ordinary skill in the art before the claimed invention was effectively filed to mount the electronics module of the above-modified reference to the outside of the hoof boot wall, in order to allow the electronics module to transmit signals but still provide a protective cover, in order to ensure the longevity of the device, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Conclusion
The cited prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Special attention is drawn to the disclosures of US 20110137304 A1, GB 2482192 A, US 4703217 A, CN 109548679 A, and US 3999611 A as disclosing an invention or aspects of the invention which are similar to those claimed and/or disclosed in the instant invention. The remaining references cited establish the state of the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Morgan T. Jordan whose telephone number is (571)272-8141. The examiner can normally be reached M-Th 8:30-5:30.
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/MORGAN T JORDAN/Primary Examiner, Art Unit 3643
1 Interpretation note: only one aspect is required due to the alternative construction triggered by the “or” limitation. Any further claim mapping is provided in the interest of compact prosecution.
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