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 .
Claims 1-18 and 21-22 are currently pending.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-18 and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Knuppel et al. (US 8499488 B1), hereafter referred to as “Knuppel”, in view of Larimer (US 0657291 A), hereafter referred to as “Larimer.”
Regarding claim 1, Knuppel teaches a uni-directional entrance tube (36) for a rodent trap (10; figs. 1-6) comprising:
first and second opposite side walls (two elements 38, fig. 2), each of the first and second side walls including a ramp pivot (76; figs. 2 and 5);
a ramp (58) having an entrance end (60) and a trap compartment end (62) disposed between the first and second side walls (figs. 3-4), the ramp pivotable about a hinge pin (74) having first and second ends (fig. 5, col. 4, lines 13-16), the hinge pin located between the entrance end and the trap compartment end (figs. 3-4) and the first and second ends rotate within the ramp pivots in the first and second side walls (col. 4, lines 13-16 and fig. 5), and
a counter weight (64) on an underside of the entrance end of the ramp (64 on the underside of 58 towards the side of 60; figs. 3-5), the counter weight held in place by a finger (66) extending downwardly from the entrance end of the ramp (figs. 3-5), and a floor (26).
Knuppel does not explicitly teach the floor having an impact bump extending upwardly therefrom, the impact bump configured to contact the counterweight to shorten the throw of the ramp without reducing the overall height of the rodent trap.
Larimer teaches a rodent trap (figs. 1-2) including a floor (surface in which element D lies and where elements D and F are supported; fig. 1) having an impact bump (multiple elements F) extending upwardly therefrom (fig. 1), the impact bump configured to contact a counterweight (E) to shorten the throw of the ramp without reducing the overall height of the rodent trap (fig. 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the uni-directional entrance tube of Knuppel such that the floor has an impact bump extending upwardly therefrom, the impact bump configured to contact the an end of the ramp to shorten the throw of the ramp without reducing the overall height of the rodent trap, as taught by Larimer, in order to support the ramp in its normal position (lines 38-42).
Regarding claim 2, Knuppel as modified by Larimer teaches the uni-directional entrance tube of claim 1, and Knuppel further teaches wherein the ramp (58) further comprises at least two tabs (fig. 5 showing at least two elements 68) that extend outwardly from the ramp at an inclined angle relative to a top surface of the ramp (fig. 5).
Regarding claim 3, the combined teachings of Knuppel as modified by Larimer teaches the uni-directional entrance tube of claim 2, and further teach wherein the impact bump (element E as relied on Larimer) is configured to impact the counter weight (64 of Knuppel) and not any part of the ramp (fig. 1 of Larimer showing that element F only contacts counterweight E). Knuppel teaches that finger element 66 extends around the counter weight to attach the counter weight to the ramp (fig. 5 and col. 4, lines 4-7), and Larimer does not explicitly teach whether element F extends across the entire region of the element E, and thus does not explicitly teach that the impact bump is configured to not impact any part of the ramp or the finger.
It is well settled, however, that where the only difference between the prior art and claimed invention is a mere rearrangement of parts, the claimed invention is not patentably distinct from the prior art unless a new and unexpected result is produced. MPEP 2144.04 citing In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) and In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975). In this case, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the uni-directional entrance tube of Knuppel such that the impact bump is configured to impact not any part of the finger, in order to mitigate damage to the finger, as it is well known that repeated contact and stress to a protruding member like the finger increases the likelihood of damage to the finger, and further affects the coupling of the counter weight to the ramp.
Regarding claim 4, Knuppel as modified by Larimer teaches the uni-directional entrance tube of claim 3, and Larimer further teaches a second impact bump (fig. 1 showing multiple elements F).
Regarding claim 5, Knuppel as modified by Larimer teaches the uni-directional entrance tube of claim 1, and Knuppel further teaches wherein the first and second ends of the hinge pin (74) each rotate within a hinge boss press fit (76, 78) within the ramp pivot of each of the first and second wall (fig. 5 and col. 4, lines 16-20).
Regarding claim 6, Knuppel as modified by Larimer teaches the uni-directional entrance tube of claim 1, and Knuppel further teaches further comprising a tilt flap (82) rotatable about a tilt flap pin (86) disposed on a first end of the tilt flap (figs. 3-5), the tilt flap pin having first and second ends rotatably located within a tilt flap pivot (90) within each of the first and second walls (fig. 5 and col. 4, lines 25-32).
Regarding claim 7, Knuppel as modified by Larimer teaches the uni-directional entrance tube of claim 1, and Knuppel further teaches wherein the uni-directional entrance tube (36) is configured to be attached to a lid (14) of the rodent trap (10; figs. 1-2).
Regarding claim 8, Knuppel as modified by Larimer teaches the uni-directional entrance tube of claim 7, and Knuppel further teaches wherein the uni-directional entrance tube (36) is a first uni-directional entrance tube (fig. 2 showing a first element 36 on the right of 14), and further comprising a second uni-directional entrance tube (fig. 2 showing a second element 36 on the right of 14) attached to an opposite side of the lid (14) of the rodent trap (10; fig. 2).
Regarding claim 9, Knuppel as modified by Larimer teaches the uni-directional entrance tube of claim 8, and Knuppel further teaches wherein the rodent trap (10) includes first and second mouse openings (30) within first and second sidewalls (figs. 1-2 showing 30 in two elements 22), and an entrance end (54) of each of the first and second uni-directional entrance tubes corresponds to the first and second mouse openings within the first and second sidewalls (figs. 3-4 showing element 30 corresponding to 60 at both ends of 14).
Regarding claim 10, Knuppel teaches a rodent trap (10; figs. 1-6) comprising:
a box (12) enclosing a trap compartment (region where rodents are shown in fig. 3, col. 2, lines 29-34) and having a mouse opening (30) providing access into the trap compartment (figs. 1-4), the box having a floor (26);
an elongated tube (36) within the trap compartment (figs. 3-4), the tube having first and second opposite side walls (two elements 38) and a bottom wall (44), an open entrance end (54) corresponding with the mouse opening (figs. 3-4) and an open exit end (56) in communication with the trap compartment (figs. 2-4);
an elongated tilt ramp (58) within the tube having an entrance end (60) adjacent the mouse opening of the box (figs. 2-4) and having an exit end (62) adjacent the open exit opening of the tube (figs. 3-4);
a ramp hinge (72, 74) pivotally mounting the tilt ramp within the tube for tilting movement about a hinge axis (axis through 74, figs. 3-4) from a first position (as shown in fig. 4) wherein the entrance end is adjacent the bottom wall of the elongated tube adjacent the mouse opening (60 adjacent to 26) and the exit end is elevated above the entrance end such that access to the elongated tube is restricted from the trap compartment (62 elevated above 60 with restricted access; fig. 4), to a second position (as shown in fig. 3) wherein the exit end is lowered from the first position such that access to the trap compartment is allowed from the tilt ramp (fig. 3 showing rodents accessing the trap compartment); and
a counter weight (64) connected to an underside of the entrance end of the tilt ramp (64 on the underside of 58 towards the side of 60; figs. 3-5) and biasing the tilt ramp to the first position (col. 4, lines 20-24), the counter weight held in place by a finger (66) extending downwardly from the entrance end of the ramp (fig. 5);
the ramp hinge comprising a ramp hinge pin (74) having a first pin end (left side of 74 as shown in fig. 5) pivotally mounted within the receptacle (a first element 78) of a first boss (76 on the left of fig. 5) and having a second pin end (right side of 74 as shown in fig. 5) pivotally mounted within the receptacle (a second element 78) of a second boss (76 on the right of fig. 5), whereby the pivotal movement of the first and second pin ends within the receptacles of the first and second bosses reduces the frictional force resisting tilting movement of the tilt ramp in response to the weight of the mouse (col. 4, lines 13-20).
Knuppel does not explicitly teach wherein the bottom wall of the elongated tube further comprises an impact bump extending upwardly toward the entrance end of the ramp, the impact bump configured to contact the counterweight and shorten the throw of the ramp without reducing the overall height of the rodent trap.
Larimer teaches a rodent trap (figs. 1-2) including a bottom wall (surface in which element D lies and where elements D and F are supported; fig. 1) includes an impact bump (multiple elements F) extending upwardly toward an entrance end of a ramp (C; fig. 1 showing elements F extending upward towards the right and left sides where a rodent enters), the impact bump configured to contact a counterweight (E) and shorten the throw of the ramp without reducing the overall height of the rodent trap (fig. 1)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the rodent trap of Knuppel such that the bottom wall of the elongated tube further comprises an impact bump extending upwardly toward the entrance end of the ramp, the impact bump configured to contact the counterweight and shorten the throw of the ramp without reducing the overall height of the rodent trap, as taught by Larimer, in order to support the ramp in its normal position (lines 38-42).
Regarding claim 11, Knuppel as modified by Larimer teaches the rodent trap of claim 10, and Knuppel further teaches wherein the ramp (58) further comprises at least two tabs (68; fig. 5) extending outwardly from the ramp at an inclined angle relative to a top surface of the ramp (fig. 5; col. 4, lines 7-10).
Regarding claim 12, Knuppel as modified by Larimer teaches the rodent trap of claim 11, and Larimer further teaches a second impact bump (fig. 1 showing multiple elements F).
Regarding claim 13, the combined teachings of Knuppel as modified by Larimer teaches the rodent trap of claim 12, and further teach wherein the impact bump (e.g., element E on the left side as relied on Larimer; fig. 1) and the second impact bump (e.g., element E on the right side as relied on Larimer; fig. 1) are each configured to impact the counter weight (elements 64 of Knuppel) directly (fig. 1 of Larimer showing that elements F directly contact counterweights E).
Regarding claim 14, Knuppel as modified by Larimer teaches the rodent trap of claim 10, and Knuppel further teaches wherein the counter weight (64) yields in response to the weight of a rodent adjacent the exit end (62) of the tilt ramp (58) to rotate the tilt ramp to move to the second position (figs. 3-4 showing the progression of 58 rotating to move to the second position as shown in fig. 3).
Regarding claim 15, Knuppel as modified by Larimer teaches the rodent trap of claim 10, and Knuppel further teaches wherein the first boss (element 88 on the right of fig. 5) has a boss receptacle (90) mounted to the first side wall (38) of the tube and the second boss (a second element 88 on the left of fig. 5) has a boss receptacle (90 corresponding to element 88 on the left) mounted to the second side wall of the tube (fig. 2).
Regarding claim 16, Knuppel as modified by Larimer teaches the rodent trap of claim 10, and Knuppel further teaches further comprising a flap (82) mounted to the tube by a flap hinge (86) and engaging the tilt ramp (58) adjacent the entrance end (60) of the tilt ramp (fig. 4), the flap being pivotal about the flap hinge from an open position permitting a mouse to enter the entrance end of the tube (as shown in fig. 4) to a closed position closing off the entrance end of the tube in response to the movement of the tilt ramp from the first to the second position (as shown in fig. 3).
Regarding claim 17, Knuppel as modified by Larimer teaches the rodent trap of claim 16, and Knuppel further teaches further comprising at least one dimple (70) located between the tilt ramp (58) and the flap (82; fig. 3) for reducing the frictional force between the tilt ramp and the flap during movement of the flap from the open and closed positions in response to movement of the tilt ramp from the first to the second position (col. 4, lines 63-67).
Regarding claim 18, Knuppel as modified by Larimer teaches the rodent trap of claim 10, and Knuppel further teaches wherein the elongated tube (36) is attached to a cover (14) of the rodent trap (fig. 2).
Regarding claim 21, Knuppel teaches a rodent trap (10; figs. 1-6) comprising:
a floor (26; figs. 3-4);
first and second opposite side walls (two elements 38, fig. 2) combined with the floor (figs. 3-4);
a ramp (58) having an entrance end (60) and a trap compartment end (62) disposed between the first and second side walls (figs. 3-4), the ramp pivotable about an axis (axis through element 74; figs. 3-4) relative to the first and second opposite side walls (figs. 3-4), and wherein the ramp further comprises at least two tabs (68; fig. 5) extending outwardly from the ramp at an inclined angle relative to a top surface of the ramp (fig. 5; col. 4, lines 7-10);
a counter weight (64) combined with the entrance end of the ramp (64 on the underside of 58 towards the side of 60; figs. 3-5), but does not explicitly teach:
an impact bump extending upwardly from the floor beneath the counter weight, wherein the impact bump is configured to engage the counterweight to shorten the throw of the ramp without reducing the overall height of the rodent trap.
Larimer teaches a rodent trap (figs. 1-2) including an impact bump (element F; fig. 1) extending upwardly from a floor (surface in which element D lies and where elements D and F are supported; fig. 1) beneath a counter weight (E; fig. 1), wherein the impact bump is configured to engage the counterweight to shorten the throw of the ramp without reducing the overall height of the rodent trap (fig. 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the rodent trap of Knuppel to include an impact bump extending upwardly from the floor beneath the counter weight, wherein the impact bump is configured to engage the counterweight to shorten the throw of the ramp without reducing the overall height of the rodent trap, as taught by Larimer, in order to support the ramp in its normal position (lines 38-42).
Regarding claim 22, Knuppel as modified by Larimer teaches the rodent trap of claim 21, and Knuppel further teaches wherein the counter weight (64) is combined with an underside of the entrance end of the ramp (figs. 3-4 showing 64 combined with the underside of 58 towards a side where a rodent enters the trap).
Response to Arguments
Applicant’s arguments filed 08/20/2025 have been fully considered but they are not persuasive.
Applicant argues that Knuppel in view of Larimer does not teach a floor having an impact bump extending upwardly therefrom. Specifically, applicant argues that because “Larimer’s trap is designed to be positioned over a pit, Larimer does not disclose a ‘floor’.”
The examiner respectfully disagrees. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). As shown above, Knuppel teaches a floor (26) and Larimer is relied upon for the teaching of an impact bump (F) extending upwardly from a floor (ground surface where elements D lies and where elements D and F are supported), and the combined teachings teach the above limitation.
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.
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/H.J.B./Examiner, Art Unit 3643
/PETER M POON/Supervisory Patent Examiner, Art Unit 3643