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
Claim 1 is pending and has been examined in this application.
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 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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Sawyer (AU 2007202705 A1) in view of Sloan (U.S. Pat. 1176610), You et al. (CN 209711239), and Ha (U.S. Pub. 20090107029).
Regarding claim 1, Sawyer discloses an animal trap comprising (abstract, animal trap): a housing having a frontend, a backend, a roof, a floor, a right sidewall, and a left sidewall (see annotated fig. 4); a front entryway located on the frontend of the housing (see annotated fig. 4); said front entryway comprising an upper edge, a lower edge, a right side edge and a left side edge (see annotated fig. 4); a front trapdoor hingedly attached to the front entryway via a first stud extending through the first slot and a second stud extending though the second slot to allow the front trapdoor to swing into open and closed positions in relation to the front entryway (first stud and second stud 62, first slot and second slot (apertures not shown, in which studs 62 are placed), pivot member rod 62, trap door 60; fig. 3a); a front ramp (76) extending into the front entryway (see annotated fig. 3a) wherein a rear edge of the front ramp (76) partially covers a lower portion of the front entryway (see annotated fig. 3a) to prevent the front trapdoor (60) from swinging outward out of the housing when the floor of the housing is in a horizontal position (page 8, lines 22-30 and page 9, lines 1-4, regarding members 60 are in closed position; also the free ends of members 60 contact the inside 76a of the lower portion 76 in closed position when the floor of the housing is at least in a horizontal position).
Sawyer is silent on a first hook and a second hook located on a sidewall of the housing. Sloan discloses a first hook and a second hook located on a sidewall of the housing (Figs. 1-2, where there is a first hook 19 and a second hook 19 located on a sidewall of the housing). Sawyer and Sloan are analogous because they are from the same field of endeavor which include traps. It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have modified Sawyer such that a first hook and a second hook located on a sidewall of the housing in view of Sloan. The motivation would have been to easily and quickly remove the animal out of the trap, after the animal has been captured by attaching a waste bag to the housing sidewall.
Sawyer as modified by Sloan is silent on a first hook located on the right sidewall of the housing and a second hook located on the left side wall of the housing; thereby allowing any contents to fall out of the animal trap. You et al. disclose a first hook attachment location on the right sidewall of the housing and a second hook attachment location on the left side wall of the housing (Figs. 1 and 7, where there is a first hook attachment location (where one of hooks 17 is attached to the right sidewall) on the right sidewall of the housing and a second hook attachment location (where another of hooks 17 is attached to the left sidewall) on the left side wall of the housing); thereby allowing any contents to fall out of the animal trap (Figs. 1 and 7, where any contents of the animal trap are allowed to fall out of the animal trap). Sawyer and Sloan are analogous because they are from the same field of endeavor which include traps. It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have modified Sawyer as modified by Sloan such that a first hook located on the right sidewall of the housing and a second hook located on the left side wall of the housing; thereby allowing any contents to fall out of the animal trap in view of You et al., since the attachment locations of the hooks of Sawyer as modified by Sloan could be the attachment locations on the right sidewall and left sidewall as shown in You et al. The motivation would have been to allow the bag to be relatively better and more securely attached to the housing when the floor of the housing is positioned in a vertical position to allow any contents to fall out of the housing into the attached bag.
Sawyer as modified by Sloan and You et al. is silent on a first curved slot located on the right sidewall adjacent to the front entryway and spaced apart from the right side edge so the first curved slot does not make contact with the right side edge; a second curved slot located on the left sidewall adjacent to the front entryway and spaced apart from the left side edge so the second curved slot does not make contact with the left side edge; wherein said first curved slot and said second curved slot are each substantially I-shaped; a front trapdoor hingedly attached to the front entryway via a first stud extending through the first curved slot and a second stud extending though the second curved slot; and wherein said first curved slot and the second curved slot allow the first stud and the second stud to slide into a raised position in relation to the front ramp, thereby allowing the trapdoor to swing out of the front entryway when the animal trap is placed in a downward position with a frontend of the housing pointing to the ground. Ha discloses a first curved slot located on the right sidewall adjacent to the front entryway and spaced apart from the right side edge so the first curved slot does not make contact with the right side edge; a second curved slot located on the left sidewall adjacent to the front entryway and spaced apart from the left side edge so the second curved slot does not make contact with the left side edge (Figs. 1-7, where there is a first curved slot (one of slots 12) located on the right sidewall adjacent to the front entryway and a second curved slot (another of slots 12) located on the left sidewall adjacent to the front entryway and where both I-shaped curved slots do not make direct contact with the right side edge or the left side edge); wherein said first curved slot and said second curved slot are each substantially I-shaped (Figs. 1-7, where said first curved slot 12 and said second curved slot 12 are each substantially I-shaped); a front trapdoor hingedly attached to the front entryway via a first stud extending through the first curved slot and a second stud extending though the second curved slot (Figs. 1-7, where there is a front trapdoor hingedly attached to the front entryway via a first stud (one of studs 21) extending through the first curved slot 12 and a second stud (another of studs 21) extending though the second curved slot 12); and wherein said first curved slot and the second curved slot allow the first stud and the second stud to slide into a raised position in relation to the front ramp, thereby allowing the trapdoor to swing out of the front entryway when the animal trap is placed in a downward position with a frontend of the housing pointing to the ground (Figs. 1-7, where the first curved slot 12 and the second curved slot 12 allow the first stud 21 and the second stud 21 to slide into a raised position in relation to the front ramp (when studs 21 are slid up toward 14) and thereby allow the trapdoor to swing out of the front entryway when the animal trap is at least placed in a downward position with a frontend of the housing pointing to the ground). Sawyer and Ha are analogous because they are from the same field of endeavor which include traps. It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have modified Sawyer as modified by Sloan and You et al. such that a first curved slot located on the right sidewall adjacent to the front entryway and spaced apart from the right side edge so the first curved slot does not make contact with the right side edge; a second curved slot located on the left sidewall adjacent to the front entryway and spaced apart from the left side edge so the second curved slot does not make contact with the left side edge; wherein said first curved slot and said second curved slot are each substantially I-shaped; a front trapdoor hingedly attached to the front entryway via a first stud extending through the first curved slot and a second stud extending though the second curved slot; and wherein said first curved slot and the second curved slot allow the first stud and the second stud to slide into a raised position in relation to the front ramp, thereby allowing the trapdoor to swing out of the front entryway when the animal trap is placed in a downward position with a frontend of the housing pointing to the ground in view of Ha. The motivation would have been to allow the trapdoor to be moved to a position which allows it to swing outward or be removed, as desired by the user.
Sawyer as modified by Sloan, You et al., and Ha is silent on wherein said first curved slot and said second curved slot are each substantially C-shaped. It would have been an obvious matter of design choice to one skilled in the art before the effective filing date of the claimed invention to have modified Sawyer as modified by Sloan, You et al., and Ha to make the different portions of the first curved slot and the second curved slot 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. Furthermore, the I-shaped first curved slot and second curved slot of Sawyer as modified by Sloan, You et al., and Ha is shown to have the same function as the substantially C-shaped first curved slot and second curved slot recited in the claim, by allowing the first stud and the second stud to at least slide into a raised position in relation to the front ramp. The motivation would have been to allow the trapdoor to be secured to the trap in the lowered position and be swung outward or removed from the trap in the raised position.
PNG
media_image1.png
639
662
media_image1.png
Greyscale
PNG
media_image2.png
460
606
media_image2.png
Greyscale
Response to Arguments
Applicant's arguments (filed 11/24/2025) have been fully considered but they are not persuasive. Sawyer (AU 2007202705 A1) in view of Sloan (U.S. Pat. 1176610), You et al. (CN 209711239), and Ha (U.S. Pub. 20090107029) disclose the applicant’s claim 1, as specified under Claim Rejections - 35 USC § 103 above.
The office maintains the rejection of claim 1 and emphasizes that the curved slots of Ha, used to modify Sawyer, are used for the attachment and removal of the trapdoor to the trap to allow the trapdoor to at least swing outwardly by raising the trapdoor within the curved slots. Therefore, the first curved slot and second curved slot of Sawyer as modified by Sloan, You et al., and Ha perform the same function as the first curved slot and second curved slot recited in claim 1.
Specifically, the claim does not require that the trapdoor and slots prevent debris jamming, allow controlled sliding for gravity-assisted emptying, or define the trap door pivot path in a way not already shown in the prior art. The mere fact that the slot is “C-shaped” does not overcome the prior art. The claim, as written, does not require any function which cannot be performed by the slots shown in the prior art. The slots shown in the prior art, in fact do, show a relationship between the trapdoor and the front ramp in Ha. As mapped in the rejection above, Sawyer as modified by Sloan, You et al., and Ha shows “The trapdoor studs slide upward into a raised position relative to the front ramp” and “This raised position enables the trapdoor to swing outward when the device is inverted”.
As previously explained, the curved slots of Ha can be understood as being I-shaped, since it is the vertical movement of the studs that allows the trapdoor to swing outwardly. The I-shaped slot is utilized to permit this vertical movement and therefore is understood to be the curved slot. The term “curved” is understood to reference curvature in the slot itself, such as that shown by the rounded bottom of the I-shaped slot. Additionally, when understanding the curved slots of Ha to be the I-shaped slot which is used to allow the trapdoor to swing outwardly, Ha is interpreted as disclosing the limitations of “a first curved slot located on the right sidewall adjacent to the front entryway and spaced apart from the right side edge so the first curved slot does not make contact with the right side edge; a second curved slot located on the left sidewall adjacent to the front entryway and spaced apart from the left side edge so the second curved slot does not make contact with the left side edge”, since the I-shaped slots of Ha are located apart from the right side edge and left side edge and do not make direct physical contact with those respective edges. Lastly, this argument is further bolstered by the lack of a limitation in claim 1 which requires that the trapdoor is “not removed” when outwardly swung open or requires that the trapdoor is “closed” off from falling out when outwardly swung open.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Particularly the references were cited because they pertain to the state of the art of animal traps.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN M DENNIS whose telephone number is (571)270-7604. The examiner can normally be reached Monday-Friday: 7:30 am to 4:30 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, Kimberly Berona can be reached on (571) 272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KEVIN M DENNIS/Examiner, Art Unit 3647
/KIMBERLY S BERONA/Supervisory Patent Examiner, Art Unit 3647