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 .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 8, 22, 40 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by JP 56-141088.
In regard to claim 1, JP 56-141088 discloses a flexible net structure (see Fig. 1), comprising: a collapsible net (2) formed from a plurality of spaced apart first flexible lines (first flexible lines forming 2, wherein nets made of nylon) that define a plurality of openings within the net, the net having a width that extends between a collapsible net upper lateral edge (at uppermost 5) and a collapsible net lower lateral edge (at lower edge of 2 which is connected to the upper edge of 2a in Fig. 1), a first length (length defined by 5) that extends between a first lengthwise end and a second lengthwise end at the collapsible net upper lateral edge, and a second length (length defined by lower edge of 2) that extends between the first lengthwise end and the second lengthwise end at the collapsible net lower lateral edge; and a flexible upper cord (uppermost 5) attached to the collapsible net at the collapsible net upper lateral edge extending the first length of the net, and the upper cord (uppermost 5) has an upper cord diameter (diameter of uppermost 5 in Figs. 1-3) and each said first flexible line has a first flexible line diameter (diameter of flexible lines forming 2 in Figs. 1-3), and the upper cord diameter is greater than the first flexible line diameter (see Fig. 1); wherein the collapsible net is configurable in a closed configuration (see Fig. 3) where the first lengthwise end and the second lengthwise end are disposed proximate each other, and the collapsible net lower lateral edge (at lower edge of 2 which is connected to the upper edge of 2a in Fig. 1) defines a trap opening (trap opening at the lower edge of 2 provides entry into the upper portions of 2 above 2a); and a secondary net (2a) formed from a plurality of spaced apart second flexible lines (second flexible lines forming 2a, wherein nets made of nylon) that define a plurality of openings within the secondary net (see Figs. 1-3), wherein the secondary net (2a) is attached to the collapsible net (2) and disposed as an interior layer of the flexible net structure (2a is disposed interiorly with respect to 2 as shown in Figs. 1-3) contiguous with the collapsible net (2; 2a is contiguous with 2 being joined together along the upper edge of 2a and the lower edge of 2) and extends between the collapsible net first lengthwise end and the collapsible net second lengthwise end (see Fig. 3).
In regard to claim 8, JP 56-141088 disclose wherein the first flexible lines (2 of JP 56-141088) are uniformly configured between the collapsible net upper lateral edge (at uppermost 5) and the collapsible net lower lateral edge (at lower edge of 2 which is connected to the upper edge of 2a in Fig. 1; see Figs. 1-3 of JP 56-141088), and uniformly configured between the first lengthwise end and the second lengthwise end (see Fig. 3 of JP 56-141088).
In regard to claim 22, JP 56-141088 discloses the secondary net (2a) disposed on an interior side of the flexible net structure (see Figs. 1-3).
In regard to claim 40, JP 56-141088 disclose wherein all the secondary net (2a) is attached to the collapsible net (2) and is disposed as the interior layer of the flexible net structure (see Figs. 1-3) contiguous with the collapsible net (2; 2a is contiguous with 2 being joined together along the upper edge of 2a and the lower edge of 2).
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) 2-4, 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 56-141088.
In regard to claims 2 and 4, JP 56-141088 does not disclose wherein the first flexible lines have a diameter D1 and the second flexible lines have a diameter D2, and diameter D2 is larger than diameter D1 or wherein the diameter D2 of the second flexible lines is in a range of about one and a half to two and a half times larger than the diameter D1 of the first flexible lines. It would have been an obvious matter of design choice to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the first flexible lines of JP 56-141088 to have a diameter D1 and the second flexible lines of JP 56-141088 to have a diameter D2 such that diameter D2 is larger than diameter D1 and wherein the diameter D2 of the second flexible lines is in a range of about one and a half to two and a half times larger than the diameter D1 of the first flexible lines since applicant has not disclosed that by doing so is critical to the design or produces any unexpected results, and it appears that the trap of JP 56-141088 would perform equally as well by having the first flexible lines have a diameter D1 and the second flexible lines have a diameter D2, and diameter D2 is larger than diameter D1 and wherein the diameter D2 of the second flexible lines is in a range of about one and a half to two and a half times larger than the diameter D1 of the first flexible lines, and because a person of ordinary skill in the art would readily design the diameter D2 to be larger than diameter D1 since it would be desirable for the flexible lines of the secondary net to be larger than the flexible lines of the collapsible net because the secondary net faces and engages the animals at the ground level and therefore experiences greater destructive forces that they must withstand.
In regard to claim 3, JP 56-141088 discloses wherein the first flexible lines (of 2 of JP 56-141088) and the second flexible lines (of 2a of JP 56-141088) comprise the same material (JP 56-141088 discloses nylon material).
In regard to claim 24, JP 56-141088 discloses wherein the first flexible lines (flexible lines of nets 2 made of nylon of JP ‘088;) have a first tensile strength (tensile strength of the flexible lines of nets 2 of JP ‘088) and the flexible upper cord (uppermost 5 of JP ‘088) has a third tensile strength (tensile strength of 5 of JP ‘088) and which is larger in size than the first flexible lines (see Figs. 1-3 of JP ‘088) and also represents a part of the device which supports the collapsible net above the ground (see Figs. 1-3 of JP ‘088), but do not disclose the third tensile strength is greater than the first tensile strength. It would have been an obvious matter of design choice to a person of ordinary skill in the art to before the effective filing date of the claimed invention to modify the third tensile strength of the flexible upper cord of JP ‘088 such that the third tensile strength is greater than the first tensile strength since applicant has not disclosed that by doing so is critical to the design or produces any unexpected results, and it appears that the trap of JP 56-141088 would perform equally as well by having the third tensile strength be greater than the first tensile strength, and because a person of ordinary skill in the art would readily design the third tensile strength to be greater than the first tensile strength since the upper cord is secured in tension to each of the posts and supports the weight of the net therefrom and therefore a person of ordinary skill in the art would readily design the flexible upper cord to have a higher tensile strength than the first flexible lines in order to provide an upper cord that can withstand the greater forces that it will experience during use so as to prevent the collapse of the collapsible net when struggling animals are captured therein.
Allowable Subject Matter
Claims 5-7, 23, 37-39 are 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.
Claims 9-14, 21, 25-27, 29-36, 41, and 42 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
In regard to claim 9, the prior art of record does not disclose a trap for trapping animals, comprising a secondary net formed from a plurality of spaced apart second flexible lines that define a plurality of openings within the secondary net, the secondary net attached to the collapsible net, extending between the collapsible net first lengthwise end and the collapsible net second lengthwise end; wherein the trap is disposable in a set configuration, and in the set configuration, a ground portion of the collapsible net, including the trap opening defined by the ground portion, is in contact with the ground surface and a wall portion of the collapsible net extends upwardly from the ground surface; wherein the secondary net is disposed contiguous with the wall portion of the collapsible net.
In regard to claim 27, the prior art of record does not disclose a flexible net structure, comprising a flexible bottom cord attached to the collapsible net at the collapsible net lower lateral edge, wherein the flexible bottom cord has a bottom cord diameter and each said first flexible line has a first flexible line diameter, and the bottom cord diameter is greater than the first flexible line diameter; a secondary net formed from a plurality of spaced apart second flexible lines that define a plurality of openings within the secondary net, the secondary net attached to the flexible net structure in the wall portion of the flexible net structure, extending between the collapsible net first lengthwise end and the collapsible net second lengthwise end.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kimberly Berona can be reached at (571) 272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DARREN W ARK/Primary Examiner, Art Unit 3647
DWA
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