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 .
Claim Objections
The claims are objected to because they include reference characters which are not enclosed within parentheses. For example, claim 1, line 6 “402”; claim 6 “406”.
Reference characters corresponding to elements recited in the detailed description of the drawings and used in conjunction with the recitation of the same element or group of elements in the claims should be enclosed within parentheses so as to avoid confusion with other numbers or characters which may appear in the claims. See MPEP § 608.01(m).
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 18 is rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Hart (US 5406907 A, as cited on form PTO-1449).
For claim 18, Hart discloses a feeding system for delivering feed to a plurality of stalls in a livestock building, the feeding system comprising:
a feed tube (3) extending along a length of the feeding system;
a plurality of drop feeders (8) connected to the feed tube, wherein each drop feeder comprises a container body (30,40,50) that mates with the feed tube,
a feed level control mechanism (50) that selectively adjusts an amount of feed that collects in the container body, and
an adjustment lever (11,12,14,45,51) configured to manipulate the feed level control mechanism; and
a feed level adjustment system (20) connected to the adjustment lever for each drop feeder of the plurality of drop feeders, the feed level adjustment system configured to simultaneously move the adjustment levers, wherein the feed level adjustment system comprises:
an actuator handle (23) pivotably connected to a mounting bracket (22,24) connected to the feed tube; and
an adjustment lead (9) connected to the adjustment lever of each drop feeder and to the actuator handle, wherein movement of the actuator handle causes movement of the adjustment lead.
Claim Rejections - 35 USC § 103
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 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.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Hart (as above) in view of Kleinsasser (US 20140130746 A1).
For claim 20, Hart teaches the feeding system of claim 18 and further teaches the actuator handle comprises a first actuator handle (23) connected to a first end of the feed tube (figs. 1-2). However, Hart is silent about the feed level adjustment system further comprising a second actuator handle connected to a second end of the feed tube, wherein the adjustment lead is connected to the first actuator handle and the second actuator handle.
Kleinsasser teaches a feeding system with the concept of having two actuator handles (105) on each side of the feeder (10) and they are connected by bar (106) so as to allow the user to access both sides in the event the feeding system is too long. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to apply the two actuator handles connected together concept of Kleinsasser so as to have a second actuator handle connected to a second end of the feed tube, wherein the adjustment lead is connected to the first actuator handle and the second actuator handle in the feeding system of Hart in order to allow the user to access the handles at various locations in the event the feeding system is lengthy or too long.
Allowable Subject Matter
Claims 1-17 are allowed.
Claim 19 is 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.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record fails to disclose or render obvious the feeding system as claimed in detail, especially the features of: wherein the feed level adjustment system comprises: a first mounting bracket connected to the feed tube at a first end of the feed tube having a front plate extending from the first mounting bracket on a front side of the feed tube and a rear plate extending from the first mounting bracket on a back side of the feed tube; a second mounting bracket connected to the feed tube at a second end of the feed tube having a front plate extending from the second mounting bracket on the front side of the feed tube and a rear plate extending from the second mounting bracket on the back side of the feed tube; a first adjustment lead that connects to the adjustment lever of each drop feeder; and an actuating apparatus adjacent the feed tube, wherein the actuating apparatus includes an actuator handle pivotably connected to the front plate of the first mounting bracket at a pivot, wherein the first adjustment lead is attached to the actuator handle at a connection point so that movement of the actuator handle causes movement of the first adjustment lead; and a rear counterbalance member extending between the rear plate at the first end of the feed tube to the rear plate at the second end such that the rear counterbalance member is positioned on the back side of the feed tube to counterbalance forces placed on the feed tube by the first adjustment lead on the front side of the feed tube.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure of a feeding system:
US 3144173 A teaches a feeding apparatus similar to the claimed invention but lacks wherein the feed level adjustment system comprises: a first mounting bracket connected to the feed tube at a first end of the feed tube having a front plate extending from the first mounting bracket on a front side of the feed tube and a rear plate extending from the first mounting bracket on a back side of the feed tube; a second mounting bracket connected to the feed tube at a second end of the feed tube having a front plate extending from the second mounting bracket on the front side of the feed tube and a rear plate extending from the second mounting bracket on the back side of the feed tube; a first adjustment lead that connects to the adjustment lever of each drop feeder; and an actuating apparatus adjacent the feed tube, wherein the actuating apparatus includes an actuator handle pivotably connected to the front plate of the first mounting bracket at a pivot, wherein the first adjustment lead is attached to the actuator handle at a connection point so that movement of the actuator handle causes movement of the first adjustment lead; and a rear counterbalance member extending between the rear plate at the first end of the feed tube to the rear plate at the second end such that the rear counterbalance member is positioned on the back side of the feed tube to counterbalance forces placed on the feed tube by the first adjustment lead on the front side of the feed tube.
US 3211339 A teaches an automatic livestock feeder similar to the claimed invention but lacks wherein the feed level adjustment system comprises: a first mounting bracket connected to the feed tube at a first end of the feed tube having a front plate extending from the first mounting bracket on a front side of the feed tube and a rear plate extending from the first mounting bracket on a back side of the feed tube; a second mounting bracket connected to the feed tube at a second end of the feed tube having a front plate extending from the second mounting bracket on the front side of the feed tube and a rear plate extending from the second mounting bracket on the back side of the feed tube; a first adjustment lead that connects to the adjustment lever of each drop feeder; and an actuating apparatus adjacent the feed tube, wherein the actuating apparatus includes an actuator handle pivotably connected to the front plate of the first mounting bracket at a pivot, wherein the first adjustment lead is attached to the actuator handle at a connection point so that movement of the actuator handle causes movement of the first adjustment lead; and a rear counterbalance member extending between the rear plate at the first end of the feed tube to the rear plate at the second end such that the rear counterbalance member is positioned on the back side of the feed tube to counterbalance forces placed on the feed tube by the first adjustment lead on the front side of the feed tube.
US 11357215 B2 teaches a poultry feeder similar to the claimed invention but lacks wherein the feed level adjustment system comprises: a first mounting bracket connected to the feed tube at a first end of the feed tube having a front plate extending from the first mounting bracket on a front side of the feed tube and a rear plate extending from the first mounting bracket on a back side of the feed tube; a second mounting bracket connected to the feed tube at a second end of the feed tube having a front plate extending from the second mounting bracket on the front side of the feed tube and a rear plate extending from the second mounting bracket on the back side of the feed tube; a first adjustment lead that connects to the adjustment lever of each drop feeder; and an actuating apparatus adjacent the feed tube, wherein the actuating apparatus includes an actuator handle pivotably connected to the front plate of the first mounting bracket at a pivot, wherein the first adjustment lead is attached to the actuator handle at a connection point so that movement of the actuator handle causes movement of the first adjustment lead; and a rear counterbalance member extending between the rear plate at the first end of the feed tube to the rear plate at the second end such that the rear counterbalance member is positioned on the back side of the feed tube to counterbalance forces placed on the feed tube by the first adjustment lead on the front side of the feed tube.
US 4185587 A teaches a hog feeder similar to the claimed invention but lacks wherein the feed level adjustment system comprises: a first mounting bracket connected to the feed tube at a first end of the feed tube having a front plate extending from the first mounting bracket on a front side of the feed tube and a rear plate extending from the first mounting bracket on a back side of the feed tube; a second mounting bracket connected to the feed tube at a second end of the feed tube having a front plate extending from the second mounting bracket on the front side of the feed tube and a rear plate extending from the second mounting bracket on the back side of the feed tube; a first adjustment lead that connects to the adjustment lever of each drop feeder; and an actuating apparatus adjacent the feed tube, wherein the actuating apparatus includes an actuator handle pivotably connected to the front plate of the first mounting bracket at a pivot, wherein the first adjustment lead is attached to the actuator handle at a connection point so that movement of the actuator handle causes movement of the first adjustment lead; and a rear counterbalance member extending between the rear plate at the first end of the feed tube to the rear plate at the second end such that the rear counterbalance member is positioned on the back side of the feed tube to counterbalance forces placed on the feed tube by the first adjustment lead on the front side of the feed tube
KR 200362821 Y1 teaches a measuring feeder for stall similar to the claimed invention but lacks wherein the feed level adjustment system comprises: a first mounting bracket connected to the feed tube at a first end of the feed tube having a front plate extending from the first mounting bracket on a front side of the feed tube and a rear plate extending from the first mounting bracket on a back side of the feed tube; a second mounting bracket connected to the feed tube at a second end of the feed tube having a front plate extending from the second mounting bracket on the front side of the feed tube and a rear plate extending from the second mounting bracket on the back side of the feed tube; a first adjustment lead that connects to the adjustment lever of each drop feeder; and an actuating apparatus adjacent the feed tube, wherein the actuating apparatus includes an actuator handle pivotably connected to the front plate of the first mounting bracket at a pivot, wherein the first adjustment lead is attached to the actuator handle at a connection point so that movement of the actuator handle causes movement of the first adjustment lead; and a rear counterbalance member extending between the rear plate at the first end of the feed tube to the rear plate at the second end such that the rear counterbalance member is positioned on the back side of the feed tube to counterbalance forces placed on the feed tube by the first adjustment lead on the front side of the feed tube.
EP 0806136 A1 teaches an apparatus for regulating feeding of animals similar to the claimed invention but lacks wherein the feed level adjustment system comprises: a first mounting bracket connected to the feed tube at a first end of the feed tube having a front plate extending from the first mounting bracket on a front side of the feed tube and a rear plate extending from the first mounting bracket on a back side of the feed tube; a second mounting bracket connected to the feed tube at a second end of the feed tube having a front plate extending from the second mounting bracket on the front side of the feed tube and a rear plate extending from the second mounting bracket on the back side of the feed tube; a first adjustment lead that connects to the adjustment lever of each drop feeder; and an actuating apparatus adjacent the feed tube, wherein the actuating apparatus includes an actuator handle pivotably connected to the front plate of the first mounting bracket at a pivot, wherein the first adjustment lead is attached to the actuator handle at a connection point so that movement of the actuator handle causes movement of the first adjustment lead; and a rear counterbalance member extending between the rear plate at the first end of the feed tube to the rear plate at the second end such that the rear counterbalance member is positioned on the back side of the feed tube to counterbalance forces placed on the feed tube by the first adjustment lead on the front side of the feed tube.
RU 2687353 C2 teaches a fodder container similar to the claimed invention but lacks wherein the feed level adjustment system comprises: a first mounting bracket connected to the feed tube at a first end of the feed tube having a front plate extending from the first mounting bracket on a front side of the feed tube and a rear plate extending from the first mounting bracket on a back side of the feed tube; a second mounting bracket connected to the feed tube at a second end of the feed tube having a front plate extending from the second mounting bracket on the front side of the feed tube and a rear plate extending from the second mounting bracket on the back side of the feed tube; a first adjustment lead that connects to the adjustment lever of each drop feeder; and an actuating apparatus adjacent the feed tube, wherein the actuating apparatus includes an actuator handle pivotably connected to the front plate of the first mounting bracket at a pivot, wherein the first adjustment lead is attached to the actuator handle at a connection point so that movement of the actuator handle causes movement of the first adjustment lead; and a rear counterbalance member extending between the rear plate at the first end of the feed tube to the rear plate at the second end such that the rear counterbalance member is positioned on the back side of the feed tube to counterbalance forces placed on the feed tube by the first adjustment lead on the front side of the feed tube.
EP 0993770 A1 teaches a fodder metering device for automatically feeding animals similar to the claimed invention but lacks wherein the feed level adjustment system comprises: a first mounting bracket connected to the feed tube at a first end of the feed tube having a front plate extending from the first mounting bracket on a front side of the feed tube and a rear plate extending from the first mounting bracket on a back side of the feed tube; a second mounting bracket connected to the feed tube at a second end of the feed tube having a front plate extending from the second mounting bracket on the front side of the feed tube and a rear plate extending from the second mounting bracket on the back side of the feed tube; a first adjustment lead that connects to the adjustment lever of each drop feeder; and an actuating apparatus adjacent the feed tube, wherein the actuating apparatus includes an actuator handle pivotably connected to the front plate of the first mounting bracket at a pivot, wherein the first adjustment lead is attached to the actuator handle at a connection point so that movement of the actuator handle causes movement of the first adjustment lead; and a rear counterbalance member extending between the rear plate at the first end of the feed tube to the rear plate at the second end such that the rear counterbalance member is positioned on the back side of the feed tube to counterbalance forces placed on the feed tube by the first adjustment lead on the front side of the feed tube.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SON T NGUYEN whose telephone number is (571)272-6889. The examiner can normally be reached 9:00 to 4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Poon can be reached at 571-272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Son T Nguyen/Primary Examiner, Art Unit 3643
