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 .
Election/Restrictions
Claims 15-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/23/2023.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 2, are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In regard to claim 1, the phrase “wherein, when the proximity signal is below the threshold value, the transmitter is in a transmitting mode and transmits a signal that the cage is occupied when the movement sensor
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 2, 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pinzone et al. 2017/0215407 in view of Steele 2019/0029244 or Bowerman 2006/0042153, JP 2019-4703 to Takahashi et al., JP 2018-183094 to Igarashi et al. or WO 2020/037377 to Nair et al. or WO 2017/020084 to Read, Vorhies et al. 2005/0097808, and Chait 2014/0279600.
In regard to claim 1, Pinzone et al. disclose animal capture system, comprising: a cage (see Fig. 3); a door (307); a switch system (motion sensor 111); a transmitter (524); a movement sensor (motion sensor 111 is a passive infrared sensor that may detect movement of pests when the trap to which the monitor 101 is deployed is in a triggered state or in an untriggered state; see paras. 0029, 0047); a proximity signal sensor (recess 127,131 having magnet flux sensor within enclosure 104); and a magnet (124) configured as a proximity signal emitter (magnetic interlock 117 having clip 121 and magnet 124); wherein the door is moveable with respect to the cage; wherein when the door is in an open position an opening of the cage is suitable for entry into the cage (see Fig. 3); wherein when the door is in a closed position, the door is configured to block the cage to prevent egress from the cage (when 307 drops down to close the trap); wherein, when the door moves from the open position to the closed position, the magnet (124) is moved away from the proximity signal sensor (recess 127,131 having magnet flux sensor within enclosure 104) such that a magnitude of a proximity signal sensed by the proximity signal sensor is reduced below a threshold value (magnetic interlock 117 is removed from recess 127 of enclosure 104 thereby generating a change in magnetic flux due to movement of the magnet 124 relative to the magnetic flux sensor; see paras. 0019, 0021); wherein the cage is configured to contain an animal bait within the cage (the interior of the cage in Fig. 3 has an internal floor surface upon which bait can be placed); wherein the switch system comprises a door closing mechanism (motion sensor 111 may detect movement of pests when the trap to which monitor 101 is deployed in an untriggered state; see para. 0029) configured to close the door when the animal has entered the cage (In some embodiments, the detection of motion by motion sensor 111 may cause a trigger event; see para. 0047); wherein the transmitter (524) is attached to the cage (via push rivets 107; see Fig. 3A) or placed securely in proximity to the cage; wherein the proximity signal emitter (117) is connected to the door (see para. 0022); wherein the proximity signal sensor (recess 127,131 having magnet flux sensor within enclosure 104) is communicatively connected to the transmitter (see Fig. 5) or is comprised within the transmitter; wherein, the proximity signal sensor (recess 127,131 having magnet flux sensor within enclosure 104) is located at a position attached to the cage (104 attached to cage via 107) or located at a position placed securely in proximity to the cage; wherein, when the door is in the open position, the proximity signal sensed by the proximity signal sensor is above the threshold value (see para. 0022); wherein, when the proximity signal is above the threshold value, the transmitter in a non-transmitting mode (see para. 0022); and wherein when the door is in the closed position, the proximity signal sensed by the proximity signal emitter is below the threshold value (see para. 0022), wherein, when the proximity signal is below the threshold value, the transmitter is in a transmitting mode and transmits a signal that the cage is occupied (see para. 0022) when the movement sensor determines that an animal or animals is moving within the trap (motion sensor 111 may detect the movement of pests within a trap and may detect the movement of pests when the trap to which the trap monitor 101 is deployed is in a triggered state or in an untriggered state, the detection of motion by the motion sensor 111 may cause a trigger event; see paras. 0029, 0047), and discloses wherein the magnet (124 of Pinzone et al.) is connected to a part of the door (307 of Pinzone et al.) by a clip (121 of Pinzone et al.) and that other attachment mechanisms may also be used to attach the magnetic interlock (117 of Pinzone et al.) to a trap such as a hook, loop, clamp, adhesive or other approach as appreciated (see para. 0018 of Pinzone et al.), but does not disclose wherein the magnet is connected to a part of the door comprising a material to which the magnet is attracted. Steele and Bowerman disclose wherein the magnet (magnet 28 OR magnetic element 11) is connected to a part of the door (metal door 20 OR doors 3 of sheet metal) comprising a material to which the magnet is attracted. 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 animal capture system of Pinzone et al. such that the magnet is connected to a part of the door comprising a material to which the magnet is attracted in view of Steele or Bowerman in order to provide a built-in attachment means for securing the proximity signal emitter to the desired part of the door without having to use other fastening means to achieve such purpose. Pinzone et al. also does not disclose wherein, the movement sensor determines the type of animal likely caught based on detected movement information. Takahashi et al. disclose an animal capture system comprising a cage (12); a door (15); a switch system (17, 39-41); a transmitter (microcontroller 10 connected to telephone line 23 such as 3G network via the Internet); a movement sensor (intrusion detection sensor 22 that detects movement of a wild animal, existing detection sensor 11 to detect existence of a wild animal); wherein the door is moveable with respect to the cage (15 moves with respect to 12 via 14) between open and closed positions (see Figs. 9 & 3 respectively); wherein when the door is in the closed position, the transmitter is configured to transmit a signal that the cage is occupied (when the target animal is captured, control device 10 turns on network camera C and the intrusion detection sensor 22 captures the target, network camera C takes video based on the detection output signal and the captured video is attached to an email and transmitted to the user information terminal M); wherein, the movement sensor (11) determines a type of animal likely caught based on detected movement information (movement due to presence of animal captured within cage 12 by door 15), and wherein the signal that the cage is occupied comprises the size of the animal likely caught (control device 10 detects capture facility T based on output signal of existing detection sensor 11 that detects the individual wild animal is larger than a predetermined size). 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 motion sensor of Pinzone et al. such that it comprises a motion sensor that determines a type of animal likely caught based on detected movement information, and wherein the movement sensor determines the size of animal likely caught in view of Takahashi et al. in order to provide a means for detecting motion within the trap to verify that an animal has been captured in the trap, to generally inform the user as to the size of the animal caught, and to only trap animals which are of a predetermined size that is associated with targeted animals to be caught in the trap. Pinzone et al. and Takahashi et al. disclose the motion sensor (11, 22 of Takahashi et al.) that may identify the size of the trapped animals or animals to be trapped with the cage (12 of Takahashi et al.) with door (15 of Takahashi et al.) and that the motion sensor (11,22 of Takahashi et al.) works in conjunction with a camera (C of Takahashi et al.) so that the user may identify the trapped animals (videos and still images may be transmitted to the user information terminal M via e-mail), but do not disclose the movement sensor determines the type of animal likely caught based on detected movement information. JP 2018-183094 to Igarashi et al. and Nair et al. disclose an animal capture system comprising a cage (201 OR 900); a door (202 OR 910); a switch system (203 OR 412); a transmitter (552 OR 500 configured for low bit rate communication; see para. 0053); a movement sensor (3 OR image sensor 200 in the form or NoIR [No Infrared filter] camera); wherein the door is moveable with respect to the cage (202 can move between an open position [see Fig. 2) and a closed positive via 203 OR door 910 can be opened to admit the animal and can be closed to trap the animal); wherein the movement sensor determines a type of animal likely caught based on detected movement information, and wherein the signal that the cage is occupied comprises the type of animal likely caught (animal identification device 5 acquires an image of cage 2 captured by imaging device 3 and identifies whether or not animal 10 to be captured is present at a captureable position in the cage 2 based on the image; animal detection unit 520 detects an animal show in the image and is based on a known moving object detecting method in the field of image processing; animal information extraction unit 530 extracts animal information indicating position, shape and size of animal show in the image in which the animal is detected according to a known contour detection method in the field of image processing OR The processor 100 is configured to receive image data from the image sensor 200. As further outlined below, the processor 100 is configured to process the image data such that, in response to matching the image data with one or more predetermined identifiers [as established through the use of machine learning], an animal can be identified. The processor 100 is also configured to receive communication from the motion sensor 300. In this embodiment, the motion sensor 300 is a separate sensor to the image sensor 200. However, in further embodiments, it will be appreciated that the image sensor 200 may be used to detect motion and, as such, the image sensor 200 would also form the motion sensor.---see paras. 0081-82; processor 100 may identify a non-target animal in the form of a lamb based on predetermined identifiers of a lamb and can thereby trigger a light 420 or other deterrent to deter the lamb from approaching the cage 900 and in response to detecting a targeted animal in the form of a fox, the processor 100 is configured to wait and monitor the fox until it is, for example, inside the cage 900. When the fox is suitably positioned in the cage 900, based on the image data, the processor 100 is configured to trigger the actuator 410 to close the door 910 and trap the fox---see para. 0090). WO 2017/020084 to Read discloses a trap (100); a transmitter (telemetry system configured to transmit data through a telemetry antenna to a remote user or data collection center with data such as sensor images/signals, captured images of detected animals and the like; see para. 0064) for sending a signal; a movement sensor (activation sensors 120A-B configured to detect the presence of a target animal and can detect various characteristics of the target animal’s physical appearance such as size, walking patterns of the target animal, movement patterns of the target animal, textures, colors, or visual patterns of the animal’s outer surface; see para. 0018) that determines the type of animal likely caught based on detected movement information, and wherein the signal comprises the type of animal (see paras. 0018). 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 movement sensor of Pinzone et al. and Takahashi et al. such that the movement sensor can determine the type of animal caught based on detected movement information in view of Igarashi et al., Nair et al., or Read in order to fully inform the user as to the type of animal caught within the trap so that the user may prepare themselves so as to be able to deal with the peculiarities of each targeted species. Pinzone et al., Takahashi et al., and Igarashi et al. or Nair et al. or Read do not disclose the transmitter is in a transmitting mode and periodically transmits a location signal thereafter, wherein the transmitter comprises a receiver and a GPS unit, wherein the receiver is configured to receive a signal from a user, or wherein, in response to a query received from a user, the transmitter is configured to transmit at least one location signal comprising location information. Vorhies et al. disclose the transmitter is in a transmitting mode and transmits a signal that the cage is occupied (trip signal transmitted when animal steps on plate 48 and activates normally open micro-switch 38) and that upon receipt of a trip signal, the trap can be polled to turn on the microphone and/or camera to ascertain the type of animal trapped (see paras. 0025, 0097), and periodically transmits a location signal thereafter (once the trap is tripped the communications module will transmit messages only at the time interval previously selected and configured into the PIC 210 or upon a trip or other selected event, trap communications system PIC 210 designed to upon a trigger event or cyclic time schedule, broadcast GPS position and event reports---see paras. 0087-88); wherein the transmitter comprises a receiver (transceiver 6) and a GPS unit (GPS locator 5), wherein the receiver is configured to receive a signal from a user (a receiver at the trap can be interrogated [polled] from home base requesting reports of available data---see para. 0087), and wherein, in response to a query received from a user, the transmitter is configured to transmit trap data (a receiver at the trap can be interrogated/polled from home base requesting reports of available data---see para. 0087). 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 system of Pinzone et al., Takahashi et al., and Igarashi et al. or Nair et al. or Read such that the transmitter is in a transmitting mode and periodically transmits a location signal thereafter, wherein the transmitter comprises a receiver and a GPS unit, wherein the receiver is configured to receive a signal from a user, and wherein, in response to a query received from a user, the transmitter is configured to transmit trap data in view of Vorhies et al. in order to provide tripped trap signal data containing location information for the trap wherein the tripped signal is generated periodically on a schedule so that the user does not miss being alerted, so that the user can be clearly informed as to where they must go in order to service the tripped trap. Pinzone et al., Takahashi et al., Igarashi et al. or Nair et al. or Read, and Vorhies et al. disclose wherein in response to a query received from the user, the transmitter is configured to transmit trap data (see para. 0087 of Vorhies et al.), but do not disclose wherein, in response to a query received from a user, the transmitter is configured to transmit at least one location signal comprising location information. Chait discloses wherein in response to a query received from a remote device (see paras. 0090, 0124), the transmitter is configured to transmit at least one location signal (see para. 0094). 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 transmitter of Pinzone et al., Takahashi et al., Igarashi et al. or Nair et al. or Read, and Vorhies et al. such that in response to a query received from the user, the transmitter is configured to transmit at least one location signal in view of Chait in order to provide the location of the trap on command by the user.
In regard to claim 2, Pinzone et al. disclose wherein the transmitter is configured to transmit an occupation information signal that the cage is occupied when the magnitude of the proximity signal sensed by the proximity signal sensor falls below the threshold value (see para. 0022).
In regard to claim 6, Pinzone et al. and Takahashi et al. disclose wherein the proximity signal emitter (magnetic interlock 117 having clip 121 and magnet 124) is detachable from the door (via 121; see para. 0018 of Pinzone et al. OR Takahashi et al. disclose control device 10 detects capture facility T based on output signal of existing detection sensor 11 that detects the individual wild animal is larger than a predetermined size).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pinzone et al. 2017/0215407 in view of Steele 2019/0029244 or Bowerman 2006/0042153, JP 2019-4703 to Takahashi et al., JP 2018-183094 to Igarashi et al. or WO 2020/037377 to Nair et al. or WO 2017/020084 to Read, Vorhies et al. 2005/0097808, and Chait 2014/0279600 as applied to claim 1 above, and further in view of Chait 2014/0279600 or Galeb 2014/0283435.
In regard to claim 14, Pinzone et al., Takahashi et al., Igarashi et al. or Nair et al. or Read, and Vorhies et al. disclose the transmitter (524 of Pinzone--see Fig. 5; 6,11 of Vorhies et al.) configured to transmit an occupancy information signal (see paras. 0044-47 & Fig. 8 of Pinzone et al.) and wherein in response to a query received from a user, the transmitter is configured to transmit trap data (see para. 0087 of Vorhies et al.), but do not disclose wherein in response to a query received from the user, the transmitter is configured to transmit an occupancy information signal. Chait or Galeb disclose wherein the transmitter (see para. 0091 OR 21) is configured to re-transmit the signal that the cage is occupied on receipt of a query from either a remote device (some sensors may transmit information in response to a query/poll from a remote device such as receivers or server 102 of Chait) or a user (see para. 0089 OR see paras. 0026, 0060, 0063 of Galeb). 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 transmitter of Pinzone et al., Takahashi et al., Igarashi et al. or Nair et al. or Read, and Vorhies et al. such that in response to a query received from the user, the transmitter is configured to transmit an occupancy information signal in view of Chait or Galeb in order to for the user to be assured that all of the occupancy information with respect to the trap is being acquired from the animal capture system on demand when the user desires to review such data.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pinzone et al. 2017/0215407 in view of Steele 2019/0029244 or Bowerman 2006/0042153, JP 2019-4703 to Takahashi et al., JP 2018-183094 to Igarashi et al. or WO 2020/037377 to Nair et al. or WO 2017/020084 to Read, Vorhies et al. 2005/0097808, Chait 2014/0279600, and Chait 2014/0279600 or Galeb 2014/0283435.
In regard to claim 18, Pinzone et al. disclose animal capture system, comprising: a cage (see Fig. 3); a door (307); a switch system (motion sensor 111); a transmitter (524); a movement sensor (motion sensor 111 is a passive infrared sensor that may detect movement of pests when the trap to which the monitor 101 is deployed is in a triggered state or in an untriggered state; see paras. 0029, 0047); a proximity signal sensor (recess 127,131 having magnet flux sensor within enclosure 104); and a magnet (124) configured as a proximity signal emitter (magnetic interlock 117 having clip 121 and magnet 124); wherein the door is moveable with respect to the cage; wherein when the door is in an open position an opening of the cage is suitable for entry into the cage (see Fig. 3); wherein when the door is in a closed position, the door is configured to block the cage to prevent egress from the cage (when 307 drops down to close the trap); wherein, when the door moves from the open position to the closed position, the magnet (124) is moved away from the proximity signal sensor (recess 127,131 having magnet flux sensor within enclosure 104) such that a magnitude of a proximity signal sensed by the proximity signal sensor is reduced below a threshold value (magnetic interlock 117 is removed from recess 127 of enclosure 104 thereby generating a change in magnetic flux due to movement of the magnet 124 relative to the magnetic flux sensor; see paras. 0019, 0021); wherein the cage is configured to contain an animal bait within the cage (the interior of the cage in Fig. 3 has an internal floor surface upon which bait can be placed); wherein the switch system comprises a door closing mechanism (motion sensor 111 may detect movement of pests when the trap to which monitor 101 is deployed in an untriggered state; see para. 0029) configured to close the door when the animal has entered the cage (In some embodiments, the detection of motion by motion sensor 111 may cause a trigger event; see para. 0047); wherein the transmitter (524) is attached to the cage (via push rivets 107; see Fig. 3A) or placed securely in proximity to the cage; wherein the proximity signal emitter (117) is connected to the door (see para. 0022); wherein the proximity signal sensor (recess 127,131 having magnet flux sensor within enclosure 104) is communicatively connected to the transmitter (see Fig. 5) or is comprised within the transmitter; wherein, the proximity signal sensor (recess 127,131 having magnet flux sensor within enclosure 104) is located at a position attached to the cage (104 attached to cage via 107) or located at a position placed securely in proximity to the cage; wherein, when the door is in the open position, the proximity signal sensed by the proximity signal sensor is above the threshold value (see para. 0022); wherein, when the proximity signal is above the threshold value, the transmitter in a non-transmitting mode (see para. 0022); and wherein when the door is in the closed position, the proximity signal sensed by the proximity signal emitter is below the threshold value (see para. 0022), wherein, when the proximity signal is above the threshold value, the transmitter is in a transmitting mode and transmits a signal that the cage is occupied (see para. 0022) when the movement sensor determines that an animal or animals is moving within the trap (motion sensor 111 may detect the movement of pests within a trap and may detect the movement of pests when the trap to which the trap monitor 101 is deployed is in a triggered state or in an untriggered state, the detection of motion by the motion sensor 111 may cause a trigger event; see paras. 0029, 0047), and wherein the magnet (124 of Pinzone et al.) is connected to a part of the door (307 of Pinzone et al.) by a clip (121 of Pinzone et al.) and that other attachment mechanisms may also be used to attach the magnetic interlock (117 of Pinzone et al.) to a trap such as a hook, loop, clamp, adhesive or other approach as appreciated (see para. 0018 of Pinzone et al.), but do not disclose wherein the magnet is connected to a part of the door comprising a material to which the magnet is attracted. Steele and Bowerman disclose wherein the magnet (magnet 28 OR magnetic element 11) is connected to a part of the door (metal door 20 OR doors 3 of sheet metal) comprising a material to which the magnet is attracted. 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 animal capture system of Pinzone et al. such that the magnet is connected to a part of the door comprising a material to which the magnet is attracted in view of Steele or Bowerman in order to provide a built-in attachment means for securing the proximity signal emitter to the desired part of the door without having to use other fastening means to achieve such purpose. Pinzone et al. also does not disclose wherein, the movement sensor determines a type of animal likely caught based on detected movement information, and wherein the occupancy information signal comprises the type of animal likely caught. Takahashi et al. disclose an animal capture system comprising a cage (12); a door (15); a switch system (17, 39-41); a transmitter (microcontroller 10 connected to telephone line 23 such as 3G network via the Internet); a movement sensor (intrusion detection sensor 22 that detects movement of a wild animal, existing detection sensor 11 to detect existence of a wild animal); wherein the door is moveable with respect to the cage (15 moves with respect to 12 via 14) between open and closed positions (see Figs. 9 & 3 respectively); wherein when the door is in the closed position, the transmitter is configured to transmit a signal that the cage is occupied (when the target animal is captured, control device 10 turns on network camera C and the intrusion detection sensor 22 captures the target, network camera C takes video based on the detection output signal and the captured video is attached to an email and transmitted to the user information terminal M); wherein, the movement sensor (11) determines a type of animal likely caught based on detected movement information (movement due to presence of animal captured within cage 12 by door 15), and wherein the signal that the cage is occupied comprises the size of the animal likely caught (control device 10 detects capture facility T based on output signal of existing detection sensor 11 that detects the individual wild animal is larger than a predetermined size). 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 trap of Pinzone et al. such that it comprises a motion sensor that determines a type of animal likely caught based on detected movement information, and wherein the occupancy information signal that the cage is occupied comprises the size of animal likely caught in view of Takahashi et al. in order to provide a means for detecting motion within the trap to verify that an animal has been captured in the trap, to generally inform the user as to the size of the animal caught, and to only trap animals which are of a predetermined size that is associated with targeted animals to be caught in the trap. Pinzone et al. and Takahashi et al. disclose the motion sensor (11, 22 of Takahashi et al.) that may identify the size of the trapped animals or animals to be trapped with the cage (12 of Takahashi et al.) with door (15 of Takahashi et al.) and that the motion sensor (11,22 of Takahashi et al.) works in conjunction with a camera (C of Takahashi et al.) so that the user may identify the trapped animals (videos and still images may be transmitted to the user information terminal M via e-mail), but do not disclose wherein the movement sensor determines a type of animal likely caught based on detected movement information, wherein the occupancy information signal comprises the type of animal likely caught. JP 2018-183094 to Igarashi et al. and Nair et al. disclose an animal capture system comprising a cage (201 OR 900); a door (202 OR 910); a switch system (203 OR 412); a transmitter (552 OR 500 configured for low bit rate communication; see para. 0053); a movement sensor (3 OR image sensor 200 in the form or NoIR [No Infrared filter] camera); wherein the door is moveable with respect to the cage (202 can move between an open position [see Fig. 2) and a closed positive via 203 OR door 910 can be opened to admit the animal and can be closed to trap the animal); wherein the movement sensor determines a type of animal likely caught based on detected movement information, and wherein the signal that the cage is occupied comprises the type of animal likely caught (animal identification device 5 acquires an image of cage 2 captured by imaging device 3 and identifies whether or not animal 10 to be captured is present at a captureable position in the cage 2 based on the image; animal detection unit 520 detects an animal show in the image and is based on a known moving object detecting method in the field of image processing; animal information extraction unit 530 extracts animal information indicating position, shape and size of animal show in the image in which the animal is detected according to a known contour detection method in the field of image processing OR The processor 100 is configured to receive image data from the image sensor 200. As further outlined below, the processor 100 is configured to process the image data such that, in response to matching the image data with one or more predetermined identifiers [as established through the use of machine learning], an animal can be identified. The processor 100 is also configured to receive communication from the motion sensor 300. In this embodiment, the motion sensor 300 is a separate sensor to the image sensor 200. However, in further embodiments, it will be appreciated that the image sensor 200 may be used to detect motion and, as such, the image sensor 200 would also form the motion sensor.---see paras. 0081-82; processor 100 may identify a non-target animal in the form of a lamb based on predetermined identifiers of a lamb and can thereby trigger a light 420 or other deterrent to deter the lamb from approaching the cage 900 and in response to detecting a targeted animal in the form of a fox, the processor 100 is configured to wait and monitor the fox until it is, for example, inside the cage 900. When the fox is suitably positioned in the cage 900, based on the image data, the processor 100 is configured to trigger the actuator 410 to close the door 910 and trap the fox---see para. 0090). WO 2017/020084 to Read discloses a trap (100); a transmitter (telemetry system configured to transmit data through a telemetry antenna to a remote user or data collection center with data such as sensor images/signals, captured images of detected animals and the like; see para. 0064) for sending a signal; a movement sensor (activation sensors 120A-B configured to detect the presence of a target animal and can detect various characteristics of the target animal’s physical appearance such as size, walking patterns of the target animal, movement patterns of the target animal, textures, colors, or visual patterns of the animal’s outer surface; see para. 0018) that determines the type of animal likely caught based on detected movement information, and wherein the signal comprises the type of animal (see paras. 0018). 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 movement sensor and occupancy information signal of Pinzone et al. and Takahashi et al. such that the movement sensor can determine the type of animal likely caught and such that the occupancy information signal comprises the type of animal likely caught in view of Igarashi et al., Nair et al., and Read in order to fully inform the user as to the type of animal caught within the trap so that the user may prepare themselves so as to be able to deal with the peculiarities of each targeted species. Pinzone et al., Takahashi et al., and Igarashi et al. or Nair et al. or Read do not disclose the transmitter is in a transmitting mode and periodically transmits a location signal thereafter, wherein the transmitter comprises a receiver and a GPS unit, wherein the receiver is configured to receive a signal from a user, or wherein, in response to a query received from a user, the transmitter is configured to transmit at least one location signal comprising location information. Vorhies et al. disclose the transmitter is in a transmitting mode and transmits a signal that the cage is occupied (trip signal transmitted when animal steps on plate 48 and activates normally open micro-switch 38) and that upon receipt of a trip signal, the trap can be polled to turn on the microphone and/or camera to ascertain the type of animal trapped (see paras. 0025, 0097), and periodically transmits a location signal thereafter (once the trap is tripped the communications module will transmit messages only at the time interval previously selected and configured into the PIC 210 or upon a trip or other selected event, trap communications system PIC 210 designed to upon a trigger event or cyclic time schedule, broadcast GPS position and event reports---see paras. 0087-88); wherein the transmitter comprises a receiver (transceiver 6) and a GPS unit (GPS locator 5), wherein the receiver is configured to receive a signal from a user (a receiver at the trap can be interrogated [polled] from home base requesting reports of available data---see para. 0087), and wherein, in response to a query received from a user, the transmitter is configured to transmit trap data (a receiver at the trap can be interrogated/polled from home base requesting reports of available data---see para. 0087). 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 system of Pinzone et al., Takahashi et al., and Igarashi et al. or Nair et al. or Read such that the transmitter is in a transmitting mode and periodically transmits a location signal thereafter, wherein the transmitter comprises a receiver and a GPS unit, wherein the receiver is configured to receive a signal from a user, and wherein, in response to a query received from a user, the transmitter is configured to transmit trap data in view of Vorhies et al. in order to provide tripped trap signal data containing location information for the trap wherein the tripped signal is generated periodically on a schedule so that the user does not miss being alerted, so that the user can be clearly informed as to where they must go in order to service the tripped trap. Pinzone et al., Takahashi et al., Igarashi et al. or Nair et al. or Read, and Vorhies et al. disclose wherein in response to a query received from the user, the transmitter is configured to transmit trap data (see para. 0087 of Vorhies et al.), but do not disclose wherein, in response to a query received from a user, the transmitter is configured to transmit at least one location signal comprising location information. Chait discloses wherein in response to a query received from a remote device (see paras. 0090, 0124), the transmitter is configured to transmit at least one location signal (see para. 0094). 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 transmitter of Pinzone et al., Takahashi et al., Igarashi et al. or Nair et al. or Read, and Vorhies et al. such that in response to a query received from the user, the transmitter is configured to transmit at least one location signal in view of Chait in order to provide the location of the trap on command by the user. Pinzone et al., Takahashi et al., Igarashi et al. or Nair et al. or Read, and Vorhies et al. disclose wherein in response to a query received from the user, the transmitter is configured to transmit trap data (see para. 0087 of Vorhies et al.), but do not disclose wherein, in response to a query received from a user, the transmitter is configured to transmit at least one location signal comprising location information. Chait discloses wherein in response to a query received from a remote device (see paras. 0090, 0124), the transmitter is configured to transmit at least one location signal (see para. 0094). 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 transmitter of Pinzone et al., Takahashi et al., Igarashi et al. or Nair et al. or Read, and Vorhies et al. such that in response to a query received from the user, the transmitter is configured to transmit at least one location signal in view of Chait in order to provide the location of the trap on command by the user. Pinzone et al., Takahashi et al., Igarashi et al. or Nair et al. or Read, Vorhies et al., and Chait disclose wherein in response to a query received from the user (as taught by Vorhies et al.), the transmitter is configured to transmit trap data (see para. 0087 of Vorhies et al.) and location information (see paras. 0090, 0094, 0124 of Chait), but do not disclose wherein, in response to a query received from a user, the transmitter is configured to transmit an occupancy information signal or is configured to re-transmit the occupancy information signal. Chait and Galeb disclose wherein in response to a query received from a user, the transmitter (see para. 0091 OR 21) is configured to transmit an occupancy information signal and re-transmit the occupancy information signal (some sensors may transmit information in response to a query/poll from a remote device such as receivers or server 102; see para. 0089 OR see paras. 0026, 0060, 0063). 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 transmitter of Pinzone et al., Takahashi et al., Igarashi et al. or Nair et al. or Read, Vorhies et al., and Chait such that in response to a query received from a user, the transmitter is configured to transmit and re-transmit the signal that the cage is occupied on receipt of a query from the user in view of Chait or Galeb in order to for the user to be assured that all of the pertinent data is being acquired from the animal capture system and is being accessed on demand by the user.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pinzone et al. 2017/0215407 in view of Steele 2019/0029244 or Bowerman 2006/0042153 and JP 2019-4703 to Takahashi et al. and JP 2018-183094 to Igarashi et al. or WO 2020/037377 to Nair et al. or WO 2017/020084 to Read, Vorhies et al. 2005/0097808, Chait 2014/0279600, and Chait 2014/0279600 or Galeb 2014/0283435.
Response to Arguments
Applicant's arguments filed 08/15/2025 have been fully considered but they are not persuasive.
In regard to applicants’ argument that “Applicant respectfully submits that the cited references, alone or in any combination, fail to teach or suggest each and every claim limitation of the amended claims and, therefore, cannot anticipate the amended claims and cannot render the claims obvious…current independent claim 1 includes the following bolded claim limitations…when the movement sensor determines a type of animal likely caught, and periodically transmits a location signal thereafter…wherein, in response to a query received from a user, the transmitter is configured to transmit at least one location signal comprising location information…”, the Examiner contends that Takahashi et al. and Igarashi et al. or Nair et al. or Read disclose that it is old and well known in the trapping art to utilize motion sensors that are capable of determining the type of animal likely caught so as to inform the user of the type of animal which is caught in the trap so as to give the user an idea of what to expect before servicing the trap given the species of animal present within the trap. The Examiner contends that Vorhies et al. disclose the transmission of a location signal to provide location information to the user concerning the location of a particular trap device and that it is old and well known for a user to query the controller of a trap to obtain various trap data on demand by the user and that it is old and well known to periodically transmit a location signal thereafter (see para. 0088 of Vorhies et al.). The Examiner contends that the Chait reference discloses that it is old and well known to query a controller of a trap device for location information when attempting to obtain trap information that it is seeking to obtain so as to inform the user of the location of the particular trap device.
In response to applicant's argument that “Based on the non-final action and the Examiner’s arguments…a combination of seven (7) references…” and that the examiner has combined an excessive number of references, reliance on a large number of references in a rejection does not, without more, weigh against the obviousness of the claimed invention. See In re Gorman, 933 F.2d 982, 18 USPQ2d 1885 (Fed. Cir. 1991).
In response to applicant's argument that “…the Office points to the common knowledge in the art and the Office relies on another secondary reference and non-analogous art where it cannot readily find these limitations…Vorhies…directed to a home base monitoring station with sensors…Chait…directed to a systems and techniques for monitoring infestations using microsensors in distributed networks in indoor industrial work spaces…Galeb is non-analogous art directed to a master unit comprising a keypad, a display and a transceiver, wherein the master polls the slave units for the condition of the sensing units…” that some of the modifying references are nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, Vorhies et al. represents not merely a home base monitoring system but instead a monitoring system for an animal trap which represents the same field of endeavor as that of the present invention and both Chait and Galeb are also directed to the field of pest traps and the monitoring of the pest traps so as to gather information and thus also represent the same field of endeavor as that of the present invention.
In regard to applicants’ argument that “More specifically, the base combination/references fail to teach or suggest: (1) wherein, when the proximity signal is below a threshold value, the transmitter is in a transmitting mode and transmits a signal that the cage is occupied when the movement sensor determines a type of animal likely caught, and periodically transmits a location signal thereafter…wherein the receiver is configured to receive a signal from a user…wherein, in response to a query received from a user, the transmitter is configured to transmit at least one location signal comprising location information…”, the Examiner contends that Pinzone et al., Takahashi et al., Igarashi et al. or Nair et al. or Read, Vorhies et al., and Chait disclose wherein, when the proximity signal is below a threshold value (see paras. 0019, 0021 of Pinzone et al.), the transmitter is in a transmitting mode and transmits a signal that the cage is occupied when the movement sensor (111 of Pinzone et al.) determines a type of animal likely caught (type of animal caught taught by Takahashi et al. and Igarashi et al. or Nair et al. or Read), and periodically transmits a location signal thereafter (see para. 0088 of Vorhies et al.)…wherein the receiver is configured to receive a signal from a user (see para. 0087 of Vorhies et al.) and wherein, in response to a query received from a user (see para. 0087 of Vorhies et al.), the transmitter is configured to transmit at least one location signal comprising location information (see para. 0088 of Vorhies et al.).
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARREN W ARK whose telephone number is (571)272-6885. The examiner can normally be reached M-F 8:30-5.
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/DARREN W ARK/Primary Examiner, Art Unit 3647
DWA