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 .
Continued Prosecution Application
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/20/2026 has been entered.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “a stop disposed in the circumferential slot to limit rotation of the scooper” in claim 14 must be shown or the feature(s) canceled from the claim(s). Fig. 2 and para. 0033 in the specification point reference number 72 as the stop but it does not show that the stop is in the circumferential slot. It is unclear if it is seen in the other figures due to fig. 2 not clearly showing the stop. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: Para. 0017 seems to be an incomplete sentence as if there should be a continuation after “and”.
Appropriate correction is required.
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.
Claims 1-3, 7-11, 13 and 14 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
Claim 1 recites the limitation "the upper valve gate" in line 16. There is insufficient antecedent basis for this limitation in the claim. It is unclear if this is a typo for claim 4’s “upper valve plate” or it is a new component.
Dependent claims 2-3, 7-8, 9-11, and 13-14 fail to solve the deficiency.
Claim 3 recites “a top lip of the ring” but claim 2 claimed for “a toroidal ring having a top lip”. It is unclear if it is referring back to the same top lip due to the article “a”.
Claim 13 recites “the combined birdseed feeder and scooper of claim 12” but claim 12 has been cancelled. For the purpose of compact prosecution, the Examiner interprets the claim to depend upon claim 9.
Claim 14 recites “a stop disposed in the circumferential slot to limit rotation of the scooper” but it is unclear if it means a physical structure located inside of the circumferential slot or in generally a stop that’s associated with the circumferential slot, such as a surface abutting a tab. The figures are not clear on showing the slots as objected to in the drawing objection above. It seems that the stop is a surface extending from the edges of the slots that abuts a tab, which means it isn’t technically disposed inside of the slot itself. For the purposes of examination, the Examiner interprets the stop to mean any kind of structure associated with the circumferential slot to limit rotation of the scooper.
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.
Claims 1-3, and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Welch (US 3276630) in view of Olmos et al. (US 20110220029), hereinafter Olmos, Morrow (US 6283339), Cote (US 20110083609), and Greenwood et al. (US 20080156269), hereinafter Greenwood.
Regarding claim 1, Welch teaches of a combined bird seed feeder and scooper (Col. 1 line 9-12, can be used for dispending feeds for birds; Col. 11 lines 3-4, enclosures 2 and 2a can be separable, which Examiner notes mean that the enclosures could then be used as scoopers to be filled with bird feed), comprising:
(a) a convex disk (Fig. 5, trough 14) forming a base (surface of trough 14) which defines a perch (a bird can stand on the edges of the trough) and a volume for retaining seed therewithin (seen in Fig. 5);
(b) an open interior valve assembly (Fig. 10-12f, moving proportioner 21 and its attached mechanisms; interior to hold material 19) seated atop the base (proportioner 21 is in dispenser 1, which is above the base 14), the valve assembly (21) regulating the flow of seed into the volume (proportioner 21 regulates the amount of seed flowing through), the valve assembly removably attached to the base (fig. 6-6a, trough 14 can be disassembled from the assembly by how it is not attached to the stake 3 connecting to the valve assembly 21) and including a bottom plate (Figs. 9a-d, releaser 20); and
(c) a scooper (fig. 10, enclosure 2) comprising a substantially cylindrical member (container 2 is cylindrical) having an open first end (fig. 6, open first end covered by lid 40), a selectively closable second end (col. 11, lines 3-4, closed by enclosure 2a), and a storage area therebetween to hold seed (fig. 10, holds material 19 therebetween), the scooper (2) removably positioned atop the valve assembly (enclosure 2 is positioned atop the valve assembly 21; col. 11, lines 3-4, enclosures 2 and 2a can be separable in which the valve assembly 21 is in enclosure 2a);
an upper valve plate (sealer 70); and
the scooper second end (second end of scooper 2) comprises a bottom gate (center shaft 25 acts as a gate to break up and prevent big chunks of material 19 from moving to the bottom), the bottom gate (25) being fixedly secured to the upper valve gate (as best understood by the 112b rejection above, secured to upper valve plate 70), the bottom gate having a central embossment (center shaft 25 embosses upwards from the center),
the embossment defining a pivot (Col. 5 lines 14-19, shaft 25 rotates), the bottom gate being rotatable thereabout (Col. 5 lines 14-19, shaft 25 rotates); and
further wherein the upper valve plate (Figs. 7e-7n, 70) has a plurality of circumferentially disposed openings (sealer holes 70H) which permit seed to flow therethrough into the open interior of the valve assembly (21) when in registry with the openings of the bottom gate (seen in Fig. 11a-12f, seed flows through the holes 70H when the openings of the gate, which are the openings between the paddles 24, are in registry with the holes 70H).
This embodiment of Welch does not appear to teach of the base having at least one slot formed therethrough;
the valve assembly having at least one tab insertable into the at least one slot for removably attaching the valve assembly to the base; and
a scooper selectively rotatable between
(i) a first position where the second end is open to allow seed to pass to the valve assembly and base, and
(ii) a second position where the second end is closed to prevent seed passing therethrough such that the scooper can be removed from the valve assembly and refilled with seed;
and wherein the scooper second end includes an upper valve plate for fixedly securing the valve assembly to the scooper,
the bottom gate having a central embossment and an opening therethrough,
the embossment removably seating in a central opening of the bottom plate of the valve assembly.
Olmos is in the field of bird feeders and teaches of (Fig. 4) the base (platform 214) having at least one slot formed therethrough (mating slots 227);
the valve assembly (hopper 204) having at least one tab (tabs 226) insertable into the at least one slot (227) for removably attaching the valve assembly to the base (¶0037, hoppers 204 and platforms 214 may be connected to each other by a plurality of spaced apart tabs 226 and mating slots 227).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Welch to incorporate the teachings of Olmos of the base having at least one slot formed therethrough; the valve assembly having at least one tab insertable into the at least one slot for removably attaching the valve assembly to the base in order to easily attach and detach the base from the valve assembly for easier storage or maintenance.
Morrow is in the field of dispensers and teaches of (fig. 3) a scooper (container body 12) selectively rotatable (abstract, A two-part dispenser for attachment to the bottom of a cylindrical container for dispensing a pre-calibrated amount of powdered or granular product from the container by twisting or rotating one part of the dispenser with respect to the container; col. 4 lines 44-54, user twists and rotates the chambered member 30 with respect to the cup-shaped member 20 by grasping the container body 12 with one hand and turning the chambered member 30 with the other hand. Examiner notes that the rotation is also possible by holding the chambered member 30 and twisting the container 12 instead) between
(i) a first position where the second end is open to allow seed to pass to the valve assembly and base (fig. 4, fill holes are aligned and the product can be dispensed), and
(ii) a second position where the second end is closed to prevent seed passing therethrough (fig. 5, the holes are misaligned and the product is prevented from being dispensed) such that the scooper (12) can be removed from the valve assembly (cup-shaped member 20) (fig. 3, col. 2 lines 57-67, scooper 12 can be removed from their attachment by detaching it from its snap fit or applied attachment mechanism) and refilled with seed (can refill the scooper 12 with seed or any product).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Welch to incorporate the teachings of Morrow of a scooper selectively rotatable between (i) a first position where the second end is open to allow seed to pass to the valve assembly and base, and (ii) a second position where the second end is closed to prevent seed passing therethrough such that the scooper can be removed from the valve assembly and refilled with seed in order to have a quick way to prevent seed from dispensing from a plurality of holes.
Cote is in the field of bird feeders and teaches of (Fig. 6) wherein: the scooper second end (base 32) further includes an upper valve plate (bottom wall 34) for fixedly securing the valve assembly (32) to the scooper (tube 12) (¶0027, wall 34 has spring loaded elements 44 to engage with apertures 26 in order to attach the base 32 to the tube 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Welch to incorporate the teachings of Cote of wherein: the valve further includes an upper valve plate for fixedly securing the valve assembly to the scooper in order to have a detachment mechanism to easily remove the valve assembly from the scooper such that it is easier for storage and maintenance of the internal parts.
Greenwood is in the field of bird feeders and teaches of (Fig. 2) the bottom gate (vertical tube 86) having a central embossment (the tube is a central embossment) and an opening therethrough (hollow passage way 88).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Welch to incorporate the teachings of Greenwood of the bottom gate having a central embossment and an opening therethrough in order to allow a cable to string through to hang the feeder as motivated by Greenwood in Fig. 3 or to make the feeder lighter by having a hollow center.
Welch teaches in an alternative embodiment in Fig. 13 of the embossment (25) removably seating in the central opening of the bottom plate of the valve assembly (embossment 25 extends through the central openings of bottom plate 20 and as stated in Col. 11 lines 3-4, enclosures 2 and 2a would be separable, which Examiner notes would cause the embossment 25, located in the center of enclosure 2 and connected to the stops 83, to be removably seated in the center opening of the bottom plate of the valve assembly 21).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Welch to incorporate the teachings of an alternative embodiment of Welch of the embossment removably seating in the central opening of the bottom plate of the valve assembly in order to rotate and stir the feed throughout the feeder such that there would be no clumps to jam the operation of the feeder.
Regarding claim 2, Welch as modified teaches of claim 2, and wherein (Figs. 11a-12f) the valve assembly (21) comprises a toroidal ring (proportioner 21) having a top lip (top edge), a bottom lip (bottom edge), a medial section (middle section), and a plurality of access ports (proportioner holes 21a-d) formed circumferentially therearound (Fig. 11a, formed circumferentially on a side of the proportioner 21) which define access ports (21a-d) through which seed can be accessed or discharged into the volume (Fig. 5, seed can discharge into the disk 14).
Regarding claim 3, Welch as modified teaches of claim 2, and wherein (Figs. 11a-12f): the scooper second end includes a top plate (top of proportioner 21 by the scooper second end) for cooperating with the bottom plate (Figs. 9a-d, releaser 20) to regulate the flow of seed into the open interior of the ring (seen in Figs. 9a-d), the bottom plate (Figs. 9a-d, releaser 20) being fixedly secured to a top lip of the ring (attached such that it is securely fixed in connection to the top lip of proportioner 21), the bottom plate (20) having a plurality of circumferentially disposed upstanding walls for seating the scooper to the ring (walls of enclosure 2 is attached to the releaser 20, which seats the scooper 2 to the ring 21).
Regarding claim 7, Welch as modified teaches of claim 1, and wherein: the bottom gate (Fig. 10, 25) has a plurality of openings (openings between the paddles 24) which register with the openings in the upper valve plate (Figs 7e-7n, holes 70H) when the scooper is rotated to the first position (seen in Fig. 10 and as modified by Morrow to rotate the scooper) and which close off communication with the ring (21) when the scooper is rotated to the second position (seen in Figs. 12b-d and modified by Morrow to rotate the scooper, when the bottom gate 25 and upper valve plate 70 are in a second position, such as when the paddles 25 covers holes 70H and when holes 70H covers the openings of cavities 21a-d, it closes off communication to the cavities 21a-d).
Welch does not appear to teach of the bottom gate having circumferential tabs formed thereon.
Olmos teaches of having circumferential tabs formed thereon (Fig. 4, tabs 226).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Welch to incorporate the teachings of Olmos of the bottom gate having circumferential tabs formed thereon in order to removably couple the bottom gate to the bottom plate of the valve assembly for easier disassembly of the invention such that it is easier to perform maintenance on the interior parts.
Regarding claim 8, Welch as modified teaches of claim 7, and wherein: the bottom plate has a plurality of circumferentially disposed upstanding side walls (Fig. 10, releaser 20 has surrounding cylindrical side walls and seen in Fig. 7l, has cylindrical side walls in between the slots with stops 82 and 84).
Welch does not appear to teach of wherein:
the bottom plate has a plurality of circumferentially disposed upstanding side walls with cut-outs formed therein which seat the tabs of the bottom gate of the scooper onto the ring.
Olmos teaches of the bottom plate (center core 216) has a plurality of circumferentially disposed upstanding side walls (walls leading up to the slots 227) with cut-outs (slots 227) formed therein which seat the tabs (tabs 226) of the bottom gate (bottom of hopper 204) of the scooper (204).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Welch to incorporate the teachings of Olmos to form cut outs in the walls at the center of the bottom plate such that it seats the tabs of the bottom gate of the scooper in order to have easier disassembly of the invention such that it is easier to perform maintenance on the interior parts.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Welch (US 3276630) in view of Morrow (US 6283339).
Regarding claim 9, Welch teaches of a combined bird seed feeder and scooper (Col. 1 line 9-12, can be used for dispending feeds for birds; Col. 11 lines 3-4, enclosures 2 and 2a can be separable, which Examiner notes mean that the enclosures could then be used as scoopers to be filled with bird feed), comprising:
(a) a bowl-shaped base (Fig. 5, trough 14) defining a perch (a bird can stand on the edges of the trough) and a volume for retaining seed therewithin (seen in Fig. 5);
(b) a valve assembly (Fig. 10-12f, moving proportioner 21 and its attached mechanisms) removably coupled to the base (fig. 6-6a, the trough 14 is disassembled from the assembly and is not attached to the stake 3 connecting to the valve assembly 21), the valve assembly (21) regulating the flow of seed into the volume (proportioner 21 regulates the amount of seed flowing through);
(c) a roof (top of enclosure 2);
(d) a support structure (figs. 6, 10, and 13, shaft 25) extending between the valve assembly and the roof (extends from the top of the valve assembly to the roof) and defining a space therebetween (space around the shaft 25 and in the enclosure 2); and
(e) a substantially cylindrical scooper (enclosure 2) selectively insertable into the space of the support structure atop the valve assembly (enclosure is in the space surrounding the support structure 25 atop of the valve assembly 21), wherein the scooper includes an open first end (fig. 6, open first end covered by lid 40), a selectively closable second end (col. 11, lines 3-4, closed by enclosure 2a) operably associated with the valve assembly (valve assembly 21 in enclosure 2a), and a storage area therebetween to hold seed (seed in enclosure 2).
wherein the scooper second end comprises: a gate (projections or paddles 24 on shaft 25) having at least one opening (projections or paddles 24 acts as a gate to break up and prevent big chunks of material 19 from moving to the bottom) and an upper valve plate (upper valve plate 70) having at least one opening to move birdseed from the scooper into the valve assembly (open space between the paddles 24 allows birdseed from the scooper 2 into the valve assembly 21).
Welch does not appear to teach of further wherein when seated atop the valve assembly, the scooper is selectively rotatable between
a first position where the second end is open to allow seed to pass to the valve assembly and base, and
(ii) a second position where the second end is closed to prevent seed passing therethrough such that the scooper can be removed from within the support structure and refilled with seed;
wherein the upper valve plate is rotatably coupled to the gate such that in the first position, the at least one gate opening aligns with the at least one upper valve plate opening to allow birdseed to pass from the scooper to the valve assembly, and further wherein in the second position, the at least one gate opening does not align with the at least one upper valve plate opening to prevent birdseed from exiting the scooper second end.
Morrow teaches of (fig. 3) wherein when seated atop the valve assembly (cup-shaped member 20), the scooper is selectively rotatable (abstract, A two-part dispenser for attachment to the bottom of a cylindrical container for dispensing a pre-calibrated amount of powdered or granular product from the container by twisting or rotating one part of the dispenser with respect to the container; col. 4 lines 44-54, user twists and rotates the chambered member 30 with respect to the cup-shaped member 20 by grasping the container body 12 with one hand and turning the chambered member 30 with the other hand. Examiner notes that the rotation is also possible by holding the chambered member 30 and twisting the container 12 instead) between
a first position where the second end is open to allow seed to pass to the valve assembly and base (fig. 4, fill holes are aligned and the product can be dispensed), and
a second position where the second end is closed to prevent seed passing therethrough (fig. 5, the holes are misaligned and the product is prevented from being dispensed) such that the scooper (12) can be removed from within the support structure (figs. 2-3, detent 27, rivet 38, and cap 28) (fig. 3, col. 2 lines 57-67, scooper 12 can be removed from their attachment by detaching it from its snap fit or applied attachment mechanism) and refilled with seed (can refill the scooper 12 with seed or any product);
wherein the upper valve plate (top of cup-shaped member 20) is rotatably coupled to the gate (chambered member 30) (col. 3 lines 36-42, cup-shaped member 20 and chambered member 30 are coupled together in rotatable fashion) such that in the first position, the at least one gate opening aligns with the at least one upper valve plate opening to allow birdseed to pass from the scooper to the valve assembly (fig. 4, when the openings of chambered member 30 aligns with the openings of the upper valve plate 20, the openings of the cup-shaped member 20 is not blocked by the chambered member 30, allowing birdseed or any product from the scooper 12 to move to the valve assembly), and
further wherein in the second position, the at least one gate opening does not align with the at least one upper valve plate opening to prevent birdseed from exiting the scooper second end (seen in fig. 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Welch to incorporate the teachings of Morrow of further wherein when seated atop the valve assembly, the scooper is selectively rotatable between (i) a first position where the second end is open to allow seed to pass to the valve assembly and base, and (ii) a second position where the second end is closed to prevent seed passing therethrough such that the scooper can be removed from within the support structure and refilled with seed;
wherein the upper valve plate is rotatably coupled to the gate such that in the first position, the at least one gate opening aligns with the at least one upper valve plate opening to allow birdseed to pass from the scooper to the valve assembly, and further wherein in the second position, the at least one gate opening does not align with the at least one upper valve plate opening to prevent birdseed from exiting the scooper second end in order to have a quick way to prevent seed from dispensing from a plurality of holes and to easily open or close a plurality of openings via rotation.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Welch, and Morrow, as applied to claim 9 above, and further in view of Nicholas (US 6820767).
Regarding claim 10, Welch as modified teaches of claim 9, but does not teach of wherein the scooper further includes a handle to facilitate moving the scooper between the first and second positions, removing the scooper from within the support structure, and refilling the scooper with seed.
Nicholas is in the field of dispensers and teaches of (fig. 1) wherein the scooper (vessel 42) further includes a handle (handle member 44) to facilitate moving the scooper between the first (col. 10 lines 24-46, rotatably positionable to be substantially overlying relation with any selected adjacent two of the compartments 40) and second positions (when not in overlying relation with the one of the compartments) (abstract, the lid member 42 is rotatable; Examiner notes that it can also be rotated by holding the lid and twisting the vessel 42 such that using the handle would facilitate twisting the vessel 42 between the first and second positions), removing the scooper from within the support structure (removing the scooper from the lid 48, blocking member 64, and any other attached component), and refilling the scooper with seed (can refill the vessel 42 with seed).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Welch to incorporate the teachings of Nicholas of wherein the scooper further includes a handle to facilitate moving the scooper between the first and second positions, removing the scooper from within the support structure, and refilling the scooper with seed in order to make it easier to rotate the scooper in case the connection is too tight.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Welch, Morrow, and Nicholas, as applied to claim 9 above, and further in view of Olmos.
Regarding claim 11, Welch as modified teaches of claim 9, and further comprising: a hook secured to the roof to enable the combined birdseed feeder and scooper to be suspended from an object.
Olmos teaches of (fig. 3) further comprising: a hook (hook on roof 206) secured to the roof (roof 206) to enable the combined birdseed feeder and scooper (bird feeder 200) to be suspended from an object (hook allows feeder to be suspended from an object).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Welch to incorporate the teachings of Olmos of further comprising: a hook secured to the roof to enable the combined birdseed feeder and scooper to be suspended from an object in order to hang the feeder off a tree for birds to come and perch.
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Welch, Morrow, and Nicholas, as applied to claim 9 above, and further in view of Greenwood (US 20080156269).
Regarding claim 13, Welch as modified teaches of claim 9 (as best understood by the 112b rejection above), but does not appear to teach of wherein the gate includes at least one tab extending outwardly from an outer diameter thereof, and
wherein the valve assembly includes at least one cut-out connected to a circumferential slot formed in the base, the at least one cut-out is configured to receive the at least one tab to seat the scooper atop the valve assembly in the second position, and
further wherein when the scooper is rotated to the second position, the at least one tab slides into the circumferential slot to secure the scooper to the valve assembly.
Greenwood teaches of (fig. 2) wherein the gate (vertical column 126) includes at least one tab (fig. 2C, ball 122) extending outwardly from an outer diameter thereof (extends from the bottom outer diameter), and
wherein the valve assembly (divider walls 84, collar 22, hopper 24) includes at least one cut-out connected to a circumferential slot (eye-hole 152) formed in the base (plate 132) (valve assembly is connected to the eye-hole 152, which has a cut-out connected to a circumferential slot in the plate 132), the at least one cut-out is configured to receive the at least one tab (seen in fig. 1C) to seat the scooper (container 12) atop the valve assembly (divider walls 84, collar 22, hopper 24) in the second position (position seen in fig. 1 in which all parts to secured) (the tab and cut-out connection keeps the scooper 12 and valve assembly connected in a way such that the scooper 12 is seated atop the valve assembly), and
further wherein when the scooper (12) is rotated to the second position, the at least one tab slides into the circumferential slot to secure the scooper to the valve assembly (fig. 1C, slides into the circumferential slot to secure the scooper to the valve assembly and all the components together for operation).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Welch to incorporate the teachings of Greenwood of wherein the gate includes at least one tab extending outwardly from an outer diameter thereof, wherein the valve assembly includes at least one cut-out connected to a circumferential slot formed in the base, wherein the at least one cut-out is configured to receive the at least one tab to seat the scooper atop the valve assembly in the second position, and further wherein when the scooper is rotated to the second position, the at least one tab slides into the circumferential slot to secure the scooper to the valve assembly in order to use a quick lock and unlock mechanism to secure the components together while also being able to easily disassemble for refills and cleaning.
Regarding claim 14, Welch as modified teaches of claim 13, and Greenwood further teaches of (fig. 2C) further comprising a stop disposed in the circumferential slot to limit rotation of the scooper (¶0033, the surface of the plate 132 serves as a stop to prevent the tab 122 from moving out of the slot. The ball also engages in the indentation 146 to lock the components together and limit it rotation out of the scooper unless there is enough force).
Response to Arguments
Applicant discussed in the Remarks filed 4/20/2026 that no art was applied against the amendment, based on the interview, in the Advisory Action filed 5/17/2024 and believes places the application in condition for allowance and no arguments were presented. However, the amendment was not following exactly that was discussed in the interview. The interview summary filed 5/3/2024 by the Examiners states that “Examiners discussed that the claims were broad and that bringing claims 4-7 while also being a bit more specific to the limitations and structure to fig. 4 would overcome the current prior art”. The amendment submitted after final on 5/8/2024 was not exactly claims 4-7 into claim 1, specifically “the bottom gate being fixedly secured to the upper valve gate” and “permit seed to flow therethrough into the open interior of the valve assembly when in registry with the openings of the bottom gate”, and did not further incorporate limitations and structure. The amendment contains substantive changes to the scope of the claims that would require additional time for proper search and consideration. Therefore, no further prior art or consideration could be applied in the after final. No arguments were discussed for incorporating claim 12 into claim 9 in the Remarks filed 5/8/2024 and the interview summary filed 5/8/2024 and thus, the rejection would be maintained and no further comments could be addressed.
Conclusion
The cited references made of record in the contemporaneously filed PTO-892 form and not relied upon in the instant office action are considered pertinent to applicant's disclosure, and may have one or more of the elements in Applicant’s disclosure and at least claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZOE TRAN whose telephone number is (571)272-8530. The examiner can normally be reached M-Th 7:30am-6pm EST.
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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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/ZOE TAM TRAN/ Examiner, Art Unit 3647
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