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 1-2, 4, 7-17, and 19-21 are pending and have been examined in this application.
As of the date of this action, no information disclosure statement has been filed on behalf of this case.
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.
Claims 1, 11-13, 17, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Cote (U.S. Pat. 7191731) in view of Rich et al. (U.S. Pat. 7540260) and Stolwein (U.S. Pat. 5205239).
In regard to claim 1, Cote discloses a bird feeder comprising: an inner housing, including: a seed reservoir having at least one feed port defined therethrough for providing access to seed contained within the seed reservoir (Figs. 1-9, where there is a bird feeder 10 with an inner housing 14 that has a seed reservoir having at least one feed port defined therethrough for providing access to seed contained within the seed reservoir); and an inner base supporting the seed reservoir (Figs. 1-9 and Column 4 lines 5-9, where there is an inner base comprising connected portions 58, 60, and receiving tube for plunger 74); an outer housing moveably mounted to the inner housing, including: a reservoir cover arranged over the seed reservoir and defining at least one feed opening, the outer housing moveable relative to the inner housing along an axis of the feeder between a first position, wherein the at least one feed port and the at least one feed opening are aligned, and a second position, wherein the at least one feed port and the at least one feed opening are not aligned and the outer housing covers the feed port (Figs. 1-9, where there is an outer housing 12 moveably mounted to the inner housing 14 that has a reservoir cover 18 arranged over the seed reservoir and defining at least one feed opening, the outer housing 12 moveable relative to the inner housing 14 along an axis of the feeder between a first position (where the at least one feed port and the at least one feed opening are aligned) and a second position (where the at least one feed port and the at least one feed opening are not aligned and the outer housing covers the feed port)); a top cover arranged over and receiving a portion of the inner housing (Figs. 1-9, where there is a top cover 16 arranged over and at least receiving a portion of the inner housing 14/30); and an outer base supporting the reservoir cover (Figs. 1-9, where there is at least an outer base comprising the bottom of 18 and connected slidable plunger 74 which at least support the rest of reservoir cover 18), the inner base slidably receives and guides at least a portion of the outer base inserted into the inner base from an underside thereof in the first position of the outer housing (Figs. 1-9 and Column 4 lines 57-62, where the inner base (connected portions 58, 60, and receiving tube for plunger 74) at least slidably receives and guides at least a portion of the outer base (bottom of 18 and connected slidable plunger 74) in the first position of the outer housing 12), the inner base and the outer base comprise complementary and telescoping bodies contacting one another and slidably guiding the movement of the outer housing between the first and second positions, the body of the outer base is slidably received within the body of the inner base from the underside thereof (Figs. 1-9 and Column 4 lines 5-9, where the inner base (connected portions 58, 60, and receiving tube for plunger 74) and the outer base (bottom of 18 and connected slidable plunger 74) are at least made up of complementary and telescoping bodies contacting one another (via slidable plunger 74 and receiving tube for plunger 74) and slidably guiding the movement of the outer housing 12 between the first and second positions and where the body of the outer base (bottom of 18 and connected slidable plunger 74) is at least slidably received within the body of the inner base (connected portions 58, 60, and receiving tube for plunger 74) from the underside thereof); and a compression spring operatively connected to the inner housing and the outer housing for biasing the outer housing into the first position relative to the inner housing, (Figs. 1-9, where there is a compression spring 80 operatively connected to the inner housing 14 and the outer housing 12 for biasing the outer housing 12 into the first position relative to the inner housing 14), wherein the application of a predetermined force on the outer housing is operative to bias the outer housing downwardly against a movable upper end of the compression spring to compress the compression spring and bias the outer housing into the second position (Abstract and Figs. 1-9, where the application of a predetermined force on the outer housing 12 is operative to bias the outer housing 12 downwardly against a movable upper end of the compression spring 80 to compress the compression spring 80 and bias the outer housing 12 into the second position).
Cote is silent on a compression spring arranged below the outer base. Rich et al. discloses a compression spring mechanism arranged below the outer base (Figs. 5-7 and Column 5 lines 13-22, where the compression spring 56 is at least arranged below the outer base 32 at portion 32a, in light of the applicant’s outer base and compression spring configuration of 356 and 380 as defined by the applicant in Remarks filed 02/07/2025) and operatively connected to the inner housing and the outer housing for biasing the outer housing into the first position relative to the inner housing (Figs. 5-7 and Column 5 lines 13-22, where the compression spring 56 is at least operatively connected to the inner housing 30 (via 42) and the outer housing 32 (via 32a) for biasing the outer housing 32 into the first position (with aligned openings) relative to the inner housing 30), wherein the application of a predetermined force on the outer housing is operative to bias the outer housing downwardly against a movable upper end of the compression spring to compress the compression spring and bias the outer housing into the second position (Figs. 5-7 and Column 6 lines 37-50, where the application of a predetermined force on the outer housing 32 is operative to bias the outer housing 32 downwardly against a movable upper end of the compression spring 56 to compress the compression spring 56 and bias the outer housing 32 into the second position (with misaligned openings)). Cote and Rich et al. are analogous because they are from the same field of endeavor which include feeding devices. 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 body of Cote such that a compression spring mechanism is arranged below the outer base in view of Rich et al. The motivation would have been to provide more space within the seed reservoir to relatively hold more seed. Additionally, arranging the compression spring below the seed reservoir would allow for relatively easier access to the compression spring for repair or replacement.
Cote is silent on a plurality of bosses protruding in a direction of an axis of the feeder; an outer base including a plurality of apertures receiving the protruding bosses therethrough, the protruding bosses slide within the apertures as the outer housing moves between the first and second positions. Stolwein discloses a plurality of bosses protruding in a direction of an axis of the feeder, a base including a plurality of apertures receiving the protruding bosses therethrough, the protruding bosses slide within the apertures as the housing moves between the first and second positions (Fig. 1, where there is a plurality of bosses 43 protruding in a direction of an axis of the feeder, a base including a plurality of apertures receiving the protruding bosses therethrough, the protruding bosses slide within the apertures (through which bosses 43 extend) as the housing moves at least between the first and second positions). Cote and Stolwein are analogous because they are from the same field of endeavor which include feeding devices. 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 body of Cote such that a plurality of bosses protruding in a direction of an axis of the feeder; an outer base including a plurality of apertures receiving the protruding bosses therethrough, the protruding bosses slide within the apertures as the outer housing moves between the first and second positions in view of Stolwein, since the boss and aperture structure of Stolwein could be used with the outer base, inner base, and housings of Cote. The motivation would have been to utilize the bosses (posts) as guides for the moving parts of the feeding device, thereby preventing misalignment due to horizontal swinging or movement.
In regard to claim 11, Cote as modified by Rich et al. and Stolwein discloses the bird feeder of claim 1, wherein the inner housing includes a feeder support fixedly attached to the seed reservoir for suspending the feeder in a substantially vertical orientation (Cote, Figs. 1-9, where the inner housing 14 at least has a feeder support 92 fixedly attached to the seed reservoir for suspending the feeder 10 in a substantially vertical orientation).
In regard to claim 12, Cote as modified by Rich et al. and Stolwein discloses the bird feeder of claim 1, wherein the application of the predetermined force on the outer housing is operative to compress the compression spring (Cote, Figs. 1-9, where the application of the predetermined force on the outer housing is operative to compress the compression spring 80).
In regard to claim 13, Cote as modified by Rich et al. and Stolwein discloses the bird feeder of claim 12, wherein the compression spring has a first lower end arranged distal to the seed reservoir and fixed relative to the inner base and a second upper moveable end arranged proximal to the seed reservoir engaging with the outer base for biasing the outer housing into the first position relative to the inner housing (Cote, Figs. 1-9, where the compression spring 80 at least has a first end fixed relative to the inner base (connected portions 58, 60, and receiving tube for plunger 74) and a second moveable end engaging with the outer base (bottom of 18 and connected slidable plunger 74) for biasing the outer housing 12 into the first position relative to the inner housing 14).
In regard to claim 17, Cote discloses a bird feeder comprising: an inner housing having a seed reservoir and at least one feed port for accessing an interior of the seed reservoir (Figs. 1-9, where there is a bird feeder 10 with an inner housing 14 that has a seed reservoir having at least one feed port defined therethrough for providing access to seed contained within the seed reservoir); the seed reservoir is supported on an inner base of the inner housing (Figs. 1-9 and Column 4 lines 5-9, where the seed reservoir is at least supported on an inner base comprising connected portions 58, 60, and receiving tube for plunger 74 of the inner housing 14); an outer housing arranged over the inner housing and including at least one feed opening (Figs. 1-9, where there is at least one feed opening) and a reservoir cover supported on an outer base (Figs. 1-9, where there is a reservoir cover 18 supported on an outer base comprising the bottom of 18 and connected slidable plunger 74), the outer housing moveable relative to the inner housing between a first position, wherein the at least one feed port and the at least one feed opening are aligned, and a second position, wherein the at least one feed port and the at least one feed opening are not aligned (Figs. 1-9, where there is an outer housing 12 moveably mounted to the inner housing 14 that has a reservoir cover 18 arranged over the seed reservoir and defining at least one feed opening, the outer housing 12 moveable relative to the inner housing 14 along an axis of the feeder between a first position (where the at least one feed port and the at least one feed opening are aligned) and a second position (where the at least one feed port and the at least one feed opening are not aligned and the outer housing covers the feed port)), the inner base and the outer base comprise complementary and telescoping bodies contacting one another and slidably guiding the movement of the outer housing between the first and second positions, the body of the outer base is slidably received within the body of the inner base from the underside thereof (Figs. 1-9 and Column 4 lines 5-9, where the inner base (connected portions 58, 60, and receiving tube for plunger 74) and the outer base (bottom of 18 and connected slidable plunger 74) are at least made up of complementary and telescoping bodies contacting one another (via slidable plunger 74 and receiving tube for plunger 74) and slidably guiding the movement of the outer housing 12 between the first and second positions and where the body of the outer base (bottom of 18 and connected slidable plunger 74) is at least slidably received within the body of the inner base (connected portions 58, 60, and receiving tube for plunger 74) from the underside thereof); and an elastic return assembly including a compression spring arranged below the seed reservoir and biasing the outer housing into the first position relative to the inner housing (Figs. 1-9, where there is a compression spring 80 arranged at least below a portion of the seed reservoir and biasing the outer housing 12 into the first position relative to the inner housing 14), wherein the application of a predetermined force on the outer housing is operative to bias the outer housing downwardly against a movable upper end of the compression spring to compress the compression spring and bias the outer housing into the second position (Abstract and Figs. 1-9, where the application of a predetermined force on the outer housing 12 is operative to bias the outer housing 12 downwardly against a movable upper end of the compression spring 80 to compress the compression spring 80 and bias the outer housing 12 into the second position), the compression spring is operatively connected to the inner housing and the outer housing for biasing the outer housing in an upward direction and into the first position relative to the inner housing (Figs. 1-9, where there is a compression spring 80 operatively connected to the inner housing 14 and the outer housing 12 for biasing the outer housing 12 in an upward direction and into the first position relative to the inner housing 14).
Cote is silent on a compression spring arranged below the outer base. Rich et al. discloses a compression spring mechanism arranged below the outer base (Figs. 5-7 and Column 5 lines 13-22, where the compression spring 56 is at least arranged below the outer base 32 at portion 32a, in light of the applicant’s outer base and compression spring configuration of 356 and 380 as defined by the applicant in Remarks filed 02/07/2025) and operatively connected to the inner housing and the outer housing for biasing the outer housing in an upward direction and into the first position relative to the inner housing (Figs. 5-7 and Column 5 lines 13-22, where the compression spring 56 is at least operatively connected to the inner housing 30 (via 42) and the outer housing 32 (via 32a) for biasing the outer housing 32 into the upward first position (with aligned openings) relative to the inner housing 30). Cote and Rich et al. are analogous because they are from the same field of endeavor which include feeding devices. 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 body of Cote such that a compression spring mechanism is arranged below the outer base in view of Rich et al. The motivation would have been to provide more space within the seed reservoir to relatively hold more seed. Additionally, arranging the compression spring below the seed reservoir would allow for relatively easier access to the compression spring for repair or replacement.
Cote is silent on the inner housing has a plurality of bosses protruding in a direction of an axis of the feeder, the outer base includes a plurality of apertures receiving the protruding bosses therethrough, the protruding bosses slide within the apertures as the outer housing moves between the first and second positions. Stolwein discloses the housing has a plurality of bosses protruding in a direction of an axis of the feeder, the base includes a plurality of apertures receiving the protruding bosses therethrough, the protruding bosses slide within the apertures as the housing moves between the first and second positions (Fig. 1, where the housing has a plurality of bosses 43 protruding in a direction of an axis of the feeder, the base includes a plurality of apertures (through which bosses 43 extend) receiving the protruding bosses 43 therethrough, the protruding bosses slide within the apertures as the housing moves at least between the first and second positions). Cote and Stolwein are analogous because they are from the same field of endeavor which include feeding devices. 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 body of Cote such that the inner housing has a plurality of bosses protruding in a direction of an axis of the feeder, the outer base includes a plurality of apertures receiving the protruding bosses therethrough, the protruding bosses slide within the apertures as the outer housing moves between the first and second positions in view of Stolwein, since the boss and aperture structure of Stolwein could be used with the outer base, inner base, and housings of Cote. The motivation would have been to utilize the bosses (posts) as guides for the moving parts of the feeding device, thereby preventing misalignment due to horizontal swinging or movement.
In regard to claim 21, Cote discloses a bird feeder comprising: an inner housing, including: a seed reservoir having at least one feed port defined therethrough for providing access to seed contained within the seed reservoir (Figs. 1-9, where there is a bird feeder 10 with an inner housing 14 that has a seed reservoir having at least one feed port defined therethrough for providing access to seed contained within the seed reservoir); and an inner base supporting the seed reservoir (Figs. 1-9 and Column 4 lines 5-9, where the seed reservoir is at least supported on an inner base comprising connected portions 58, 60, and receiving tube for plunger 74); an outer housing moveably mounted to the inner housing, including: a reservoir cover arranged over the seed reservoir and defining at least one feed opening, the outer housing moveable relative to the inner housing along an axis of the feeder between a first position, wherein the at least one feed port and the at least one feed opening are aligned, and a second position, wherein the at least one feed port and the at least one feed opening are not aligned and the outer housing covers the feed port (Figs. 1-9, where there is an outer housing 12 moveably mounted to the inner housing 14 that has a reservoir cover 18 arranged over the seed reservoir and defining at least one feed opening, the outer housing 12 moveable relative to the inner housing 14 along an axis of the feeder between a first position (where the at least one feed port and the at least one feed opening are aligned) and a second position (where the at least one feed port and the at least one feed opening are not aligned and the outer housing covers the feed port)); a top cover arranged over and receiving a portion of the inner housing (Figs. 1-9, where there is a top cover 16 arranged over and at least receiving a portion of the inner housing 14/30); an outer base supporting the reservoir cover (Figs. 1-9, where there is a reservoir cover 18 supported on an outer base comprising the bottom of 18 and connected slidable plunger 74), the inner base and the outer base comprise complementary and telescoping bodies contacting one another and slidably guiding the movement of the outer housing between the first and second positions, the body of the outer base is slidably received within the body of the inner base from the underside thereof (Figs. 1-9 and Column 4 lines 5-9, where the inner base (connected portions 58, 60, and receiving tube for plunger 74) and the outer base (bottom of 18 and connected slidable plunger 74) are at least made up of complementary and telescoping bodies contacting one another (via slidable plunger 74 and receiving tube for plunger 74) and slidably guiding the movement of the outer housing 12 between the first and second positions and where the body of the outer base (bottom of 18 and connected slidable plunger 74) is at least slidably received within the body of the inner base (connected portions 58, 60, and receiving tube for plunger 74) from the underside thereof); and a support guide engaged with an axially extending surface of the inner housing for maintaining alignment of the outer housing relative to the inner housing as the outer housing moves between the first and second positions (Figs. 1-9, where there is at least a support guide 30/34/36 engaged with an axially extending surface of the inner housing for maintaining alignment of the outer housing 12 relative to the inner housing 14 as the outer housing 12 moves between the first and second positions); and a compression spring operatively connected to the inner housing and the outer housing for biasing the outer housing into the first position relative to the inner housing (Figs. 1-9, where there is a compression spring 80 operatively connected to the inner housing 14 and the outer housing 12 for biasing the outer housing 12 into the first position relative to the inner housing 14), wherein the application of a predetermined force on the outer housing is operative to compress the compression spring by biasing the outer housing downwardly against a movable upper end of the compression spring and as the outer housing moves into the second position (Abstract and Figs. 1-9, where the application of a predetermined force on the outer housing 12 is operative to compress the compression spring 80 by biasing the outer housing 12 downwardly against a movable upper end of the compression spring 80 and as the outer housing 12 moves into the second position).
Cote is silent on a compression spring arranged below the outer base. Rich et al. discloses a compression spring mechanism arranged below the outer base (Figs. 5-7 and Column 5 lines 13-22, where the compression spring 56 is at least arranged below the outer base 32 at portion 32a, in light of the applicant’s outer base and compression spring configuration of 356 and 380 as defined by the applicant in Remarks filed 02/07/2025) and operatively connected to the inner housing and the outer housing for biasing the outer housing into the first position relative to the inner housing (Figs. 5-7 and Column 5 lines 13-22, where the compression spring 56 is at least operatively connected to the inner housing 30 (via 42) and the outer housing 32 (via 32a) for biasing the outer housing 32 into the first position (with aligned openings) relative to the inner housing 30), wherein the application of a predetermined force on the outer housing is operative to compress the compression spring by biasing the outer housing downwardly against a movable upper end of the compression spring and as the outer housing moves into the second position (Figs. 5-7 and Column 6 lines 37-50, where the application of a predetermined force on the outer housing 32 is operative to compress the compression spring 56 by biasing the outer housing 32 (at 32a) downwardly against a movable upper end of the compression spring 56 and as the outer housing 32 moves into the second position (with misaligned openings)). Cote and Rich et al. are analogous because they are from the same field of endeavor which include feeding devices. 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 body of Cote such that a compression spring mechanism is arranged below the outer base in view of Rich et al. The motivation would have been to provide more space within the seed reservoir to relatively hold more seed. Additionally, arranging the compression spring below the seed reservoir would allow for relatively easier access to the compression spring for repair or replacement.
Cote is silent on a plurality of bosses protruding in a direction of an axis of the feeder, an outer base including a plurality of apertures receiving the protruding bosses therethrough, the protruding bosses slide within the apertures as the outer housing moves between the first and second positions. Stolwein discloses a plurality of bosses protruding in a direction of an axis of the feeder, a base including a plurality of apertures receiving the protruding bosses therethrough, the protruding bosses slide within the apertures as the housing moves between the first and second positions (Fig. 1, where there is a plurality of bosses 43 protruding in a direction of an axis of the feeder, a base including a plurality of apertures (through which bosses 43 extend) receiving the protruding bosses 43 therethrough, the protruding bosses slide within the apertures as the housing moves at least between the first and second positions). Cote and Stolwein are analogous because they are from the same field of endeavor which include feeding devices. 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 body of Cote such that a plurality of bosses protruding in a direction of an axis of the feeder, an outer base including a plurality of apertures receiving the protruding bosses therethrough, the protruding bosses slide within the apertures as the outer housing moves between the first and second positions in view of Stolwein, since the boss and aperture structure of Stolwein could be used with the outer base, inner base, and housings of Cote. The motivation would have been to utilize the bosses (posts) as guides for the moving parts of the feeding device, thereby preventing misalignment due to horizontal swinging or movement.
Claims 2, 4, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Cote (U.S. Pat. 7191731) in view of Rich et al. (U.S. Pat. 7540260) and Stolwein (U.S. Pat. 5205239) as applied to claims 1 and 17, respectively, and further in view of Coroneos (U.S. Pub. 20050263083).
In regard to claim 2, Cote as modified by Rich et al. and Stolwein discloses the bird feeder of claim 1. Cote as modified by Rich et al. and Stolwein does not disclose the top cover defines a recess slidably receiving a first end of the inner housing, the inner housing moveable within the recess in response to the movement of the outer housing between the first position and the second position. Coroneos discloses the top cover defines a recess slidably receiving a first end of the inner housing (Figs. 36-39, where the top cover 442 at least defines a recess (space where 1020 is held) slidably receiving a first end of the inner housing 500), the inner housing moveable within the recess in response to the movement of the outer housing between the first position and the second position (Figs. 36-39, where the inner housing 500 is at least moveable within the recess in response to the movement of the outer housing 440 between the first position and the second position). Cote and Coroneos are analogous because they are from the same field of endeavor which include feeding devices. 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 body of Cote as modified by Rich et al. and Stolwein such that the top cover defines a recess slidably receiving a first end of the inner housing, the inner housing moveable within the recess in response to the movement of the outer housing between the first position and the second position in view of Coroneos. The motivation would have been to have a stop mechanism that limits the translational movement of the outer housing beyond the movement required to close the feed ports.
In regard to claim 4, Cote as modified by Rich et al. and Stolwein discloses the bird feeder of claim 1. Cote as modified by Rich et al. and Stolwein does not disclose the outer housing further includes a support guide including at least one roller bearing engaged with a surface of the inner housing for maintaining alignment of the outer housing relative to the inner housing as the outer housing moves between the first and second positions. Coroneos discloses the outer housing further includes a support guide including at least one roller bearing engaged with a surface of the inner housing for maintaining alignment of the outer housing relative to the inner housing as the outer housing moves between the first and second positions (Figs. 36-39, where the outer housing 440 further includes a support guide 1020 including at least one roller bearing 1035 engaged with a surface of the inner housing 500 for maintaining alignment of the outer housing 440 relative to the inner housing 500 as the outer housing 440 moves between the first and second positions). Cote and Coroneos are analogous because they are from the same field of endeavor which include feeding devices. 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 body of Cote as modified by Rich et al. and Stolwein such that the outer housing further includes a support guide including at least one roller bearing engaged with a surface of the inner housing for maintaining alignment of the outer housing relative to the inner housing as the outer housing moves between the first and second positions in view of Coroneos. The motivation would have been to ensure alignment between the inner housing and the outer housing and ensure a smooth transition between the first and second positions, in order to prevent snagging of the outer housing on the inner housing during movement.
Cote as modified by Rich et al., Stolwein and Coroneos is silent on at least one roller bearing engaged with a radially outward facing and axially extending surface of the inner housing. It would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Cote as modified by Rich et al., Stolwein and Coroneos to have at least one roller bearing engaged with a radially outward facing and axially extending surface of the inner housing, since applicant has not disclosed that doing so solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the roller bearing of Cote as modified by Rich et al., Stolwein and Coroneos. The motivation would have been to ensure alignment between the inner housing and the outer housing and ensure a smooth transition between the first and second positions, in order to prevent snagging of the outer housing on the inner housing during movement.
In regard to claim 20, Cote as modified by Rich et al. and Stolwein discloses the bird feeder of claim 17. Cote as modified by Rich et al. and Stolwein does not disclose the outer housing includes top cover defining a recess slidably receiving a portion of the inner housing, the inner housing moveable within the recess in response to the movement of the outer housing between the first position and the second position. Coroneos discloses the outer housing includes top cover defining a recess slidably receiving a portion of the inner housing (Figs. 36-39, where the top cover 442 at least defines a recess (space where 1020 is held) slidably receiving a portion of the inner housing 500), the inner housing moveable within the recess in response to the movement of the outer housing between the first position and the second position (Figs. 36-39, where the inner housing 500 is at least moveable within the recess in response to the movement of the outer housing 440 between the first position and the second position). Cote and Coroneos are analogous because they are from the same field of endeavor which include feeding devices. 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 body of Cote as modified by Rich et al. and Stolwein such that the outer housing includes top cover defining a recess slidably receiving a portion of the inner housing, the inner housing moveable within the recess in response to the movement of the outer housing between the first position and the second position in view of Coroneos. The motivation would have been to have a stop mechanism that limits the translational movement of the outer housing beyond the movement required to close the feed ports.
Claims 7, 9-10, 14-16, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Cote (U.S. Pat. 7191731) in view of Rich et al. (U.S. Pat. 7540260) and Stolwein (U.S. Pat. 5205239) as applied to claims 1, 13, and 17, respectively, and further in view of in view of Bruno et al. (U.S. Pub. 20190159432).
In regard to claim 7, Cote as modified by Rich et al. and Stolwein discloses the bird feeder of claim 1. Cote as modified by Rich et al. and Stolwein does not disclose the bodies of the inner and outer housings extend partially into the seed reservoir from a bottom end thereof. Bruno et al. discloses the bodies of the inner and outer housings extend partially into the seed reservoir from a bottom end thereof (Figs. 9-10, 12-13, 15-17B, and 21-22 where the tapered bodies 600/1200/1300 of the inner and outer housings extend partially into the seed reservoir from a bottom end thereof). Lush and Bruno et al. are analogous because they are from the same field of endeavor which include feeding devices. 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 body of Cote as modified by Rich et al. and Stolwein such that the tapered bodies of the inner and outer housings extend partially into the seed reservoir from a bottom end thereof in view of Bruno et al. The motivation would have been to house the bodies of the inner and outer housings within an interior of the seed reservoir, in order to decrease the device’s footprint and provide a more compact device structure.
Cote as modified by Rich et al., Stolwein and Bruno et al. does not disclose an upper end of the body of the outer housing is arranged between an underside of an upper end of the body of the inner housing and an upper end of the compression spring. 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 body of Cote as modified by Rich et al., Stolwein and Bruno et al. to have an upper end of the body of the outer housing is arranged between an underside of an upper end of the body of the inner housing and an upper end of the compression spring, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. The motivation would have been to house the tapered bodies of the inner and outer housings within an interior of the seed reservoir, in order to decrease the device’s footprint and provide a more compact device structure.
In regard to claim 9, Cote as modified by Rich et al. and Stolwein discloses the bird feeder of claim 1. Cote as modified by Rich et al. and Stolwein does not disclose the compression spring is arranged entirely within a spring space defined by and within the inner and outer bases such that no portion of the spring extends beyond the outer base in an axial direction of the feeder. Bruno et al. discloses the compression spring is arranged within a spring space defined by and within the inner and outer bases such that no portion of the spring extends beyond the outer base in an axial direction of the feeder (Figs. 15-16 and 21, where the compression spring 604 is arranged within a spring space defined by and within the inner and outer bases at least such that no portion of the spring 604 extends beyond the outer base in an axial direction of the feeder). Cote and Bruno et al. are analogous because they are from the same field of endeavor which include feeding devices. 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 body of Cote as modified by Rich et al. and Stolwein such that the compression spring is arranged within a spring space defined by and within the inner and outer bases in view of Bruno et al. The motivation would have been to house the spring within an interior of the seed reservoir, in order to decrease the device’s footprint and provide a more compact device structure.
In regard to claim 10, Cote as modified by Rich et al., Stolwein and Bruno et al. discloses the bird feeder of claim 9, wherein at least an upper portion of the compression spring extends into the bodies of the inner and outer bases (Bruno et al., Figs. 15-16 and 21, where at least an upper portion of the compression spring 604 extends into the bodies 600/1200/1300 of the inner and outer bases).
In regard to claim 14, Cote as modified by Rich et al. and Stolwein discloses the bird feeder of claim 13. Cote as modified by Rich et al. and Stolwein does not disclose the inner base includes a spring support extending into the outer base, the first lower end of the compression spring is arranged on the spring support and the second upper moveable end of the compression spring engages with an underside of the outer base for biasing the outer housing into the first position relative to the inner housing. Bruno et al. discloses the inner base includes a spring support extending into the outer base, the first end of the compression spring is arranged on the spring support and the second moveable end of the compression spring engages with an underside of the outer base for biasing the outer housing into the first position relative to the inner housing (Paragraphs [0052-0053] and Figs. 9-10, 12-13, 15-16, 21, and 24, where the inner base 600/1300 includes a spring support 608/610 extending into the outer base, the first end of the compression spring 604 is arranged on the spring support 608/610, and the second moveable end of the compression spring 604 engages with an underside of the outer base for biasing the outer housing 114 into the first position relative to the inner housing). Cote and Bruno et al. are analogous because they are from the same field of endeavor which include feeding devices. 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 body of Cote as modified by Rich et al. and Stolwein such that the inner base includes a spring support extending into the outer base, the first lower end of the compression spring is arranged on the spring support and the second upper moveable end of the compression spring engages with an underside of the outer base for biasing the outer housing into the first position relative to the inner housing in view of Bruno et al. The motivation would have been to have the spring support and associated load adjustment mechanism be accessible from an exterior of the device, in order to allow the user to easily make changes to the weight threshold of the device (Bruno et al., Paragraph [0059]).
In regard to claim 15, Cote as modified by Rich et al., Stolwein and Bruno et al. discloses the bird feeder of claim 14, wherein the spring support comprises a preloading element movable in an upward direction along the spring support and toward the seed reservoir for selectively compressing the compression spring with the outer housing in the first position relative to the inner housing (Bruno et al., Figs. 24-25 and Paragraphs [0059-0060], where the spring support 608/610 has a preloading element 606/800 movable in an upward direction along the spring support 608/610 and toward the seed reservoir for selectively compressing the compression spring 604 with the outer housing in the first position relative to the inner housing).
In regard to claim 16, Cote as modified by Rich et al., Stolwein and Bruno et al. discloses the bird feeder of claim 15, wherein the spring support comprises a threaded rod and the preloading element comprises a threaded nut (Bruno et al., Fig. 24 and Paragraphs [0059-0060], where the spring support 608/610 has a threaded rod (upper section of 608) and the preloading element comprises a threaded nut 606). Cote as modified by Rich et al., Stolwein and Bruno et al. is silent on the threaded nut is arranged on a side of the compression spring opposite the underside of the outer base and supporting the first lower end of the compression spring. 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 body of Cote as modified by Rich et al., Stolwein and Bruno et al. to have the threaded nut is arranged on a side of the compression spring opposite the underside of the outer base and supporting the first lower end of the compression spring, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. The motivation would have been to easily access the compression spring mechanism of the device without taking apart the entire device, if there needs to be a repair or replacement of the spring
In regard to claim 19, Cote as modified by Rich et al. and Stolwein discloses the bird feeder of claim 17. Cote as modified by Rich et al. and Stolwein not disclose the inner base includes a spring support extending through the outer base in a vertical direction, the movable upper end of the compression spring is arranged proximate between the spring support and an underside of the outer base and a fixed lower end of the compression spring is arranged proximate the spring support. Bruno et al. discloses the inner base includes a spring support extending through the outer base in a vertical direction, the movable upper end of the compression spring is arranged proximate an underside of the outer base and a fixed lower end of the compression spring is arranged proximate the spring support (Paragraphs [0052-0053] and Figs. 9-10, 12-13, 15-16, 21, and 24, where the inner base 600/1300 includes a spring support 608/610 through the outer base in a vertical direction, the movable upper end of the compression spring 604 is arranged proximate on the spring support 608/610 and the fixed lower end of the compression spring 604 is arranged on an underside of the outer base and proximate the spring support). Cote and Bruno et al. are analogous because they are from the same field of endeavor which include feeding devices. 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 body of Cote as modified by Rich et al. and Stolwein such that the inner base includes a spring support extending through the outer base in a vertical direction, the movable upper end of the compression spring is arranged proximate between the spring support and an underside of the outer base and a fixed lower end of the compression spring is arranged proximate the spring support in view of Bruno et al. The motivation would have been to have the spring support and associated load adjustment mechanism be accessible from an exterior of the device, in order to allow the user to easily make changes to the weight threshold of the device (Bruno et al., Paragraph [0059]).
Allowable Subject Matter
Claim 8 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.
Response to Arguments
Applicant’s arguments (filed 01/22/2026) with respect to claims 1-2, 4, 7, 9-17, and 19-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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. See PTO-892, Notice of References Cited, for the full list of prior art made of record. Particularly the references were cited because they pertain to the state of the art of feeding devices.
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/KEVIN M DENNIS/Examiner, Art Unit 3647
/KIMBERLY S BERONA/Supervisory Patent Examiner, Art Unit 3647
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