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Claims 4-5 and 12-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group and Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 02/08/2024.
Terminal Disclaimer
The terminal disclaimer filed on 05/22/2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent Number 11,690,367 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Claim Objections
Claims 1-3, 6-11, and 21-23 are objected to because of the following informalities:
Claim 1, lines 20-21, the phrase “the first or third temperature to which each adjacent segment or zone is capable of being simultaneously energized” is unclear since the only structure of the present invention that is capable of energized to either the first or third temperature is the “at least one inner segment or zone” and therefore possibly the term in phrase should be rewritten as --the first or third temperature to which the at least one inner segment or zone is capable of being simultaneously energized--.
Appropriate correction is required.
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, 6-11, 21, 22, and 23 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Nelson 4,953,320 (in light of the 35 U.S.C. 112b rejection above, the rejection under Nelson is being maintained).
In regard to claim 1, Nelson discloses apparatus for attracting and exterminating arthropods, the apparatus comprising: a heat strip (24-26), comprising: at least one inner segment or zone (26 & middle of the bottom of 14 in Fig. 1) that is energizable to a first temperature (a first temperature between 70-90° F); at least two outer segments or zones (24, 25 & vertical sidewalls of 14, 20), wherein at least one of the at least two outer segments or zones is energizable to a second temperature (a second temperature between 70-90° F), wherein the at least one inner segment or zone (26 & middle of the bottom of 14 in Fig. 1) is disposed between the at least two outer segments or zones (24, 25 & vertical sidewalls of 14, 20; the middle of the bottom of 14 is between 24 & 25 in Fig. 1), and wherein the at least one inner segment or zone (26 & middle of the bottom of 14 in Fig. 1) and/or the at least two outer segments or zones is energizable to a third temperature (180-200° F); a controller (30, 32) in electrical communication with each of the segments or zones of the heat strip, wherein the controller is configured to regulate power to the heat strip so as to selectively energize each of the segments or zones of the heat strip (see Fig. 1); a housing (12) defining an interior volume to enclose the heat strip, wherein the housing includes a first opening (18); and wherein the first temperature (a first temperature between 70-90° F) is sufficient to attract at least one of the arthropods into the housing, the second temperature is greater than the first temperature (the second temperature between 70-90° F and above the first temperature), and the third temperature is greater than the second temperature (the third temperature being between 180-200° F); and wherein each outer segment or zone (24, 25 & vertical sidewalls of 14, 20) of the heat strip is capable of being energized to one of the first, second, and third (180-200° F) temperatures that is different from the first (a first temperature between 70-90° F) or third temperature to which each adjacent segment or zone (26 & middle of the bottom of 14 in Fig. 1) is capable of being simultaneously energized (26 & middle of the bottom of 14 in Fig. 1 is constantly energized at 70-90° F and 24, 25 & vertical sidewalls of 14, 20 is intermittently energized to 180-200° F while the inner segment or zone is constantly energized).
In regard to claim 6, Nelson discloses wherein the controller (30, 32) is disposed within the housing (12; see Fig. 1).
In regard to claim 7, Nelson discloses wherein the housing (12) is tubular in shape (12 is in the shape of a rectangular box).
In regard to claim 8, Nelson discloses a power supply (115 VAC) in electrical communication with the controller (30, 32).
In regard to claim 9, Nelson discloses wherein the arthropods are red mites (red mites are capable of being attracted to the device of Nelson since it is capable of providing the first attracting temperature of around 28° C which is about 90° F).
In regard to claim 10, Nelson discloses wherein the first temperature (82.4° F) is about the brooding and egg laying temperature of a target animal (which is about 28° C).
In regard to claim 11, Nelson discloses wherein the third temperature (180-200° F) is sufficient to exterminate at least one of the arthropods within the housing with a lethal dose of high temperature (118-120° F is greater than 45° C).
In regard to claim 21, Nelson discloses wherein a first of the at least two outer segments or zones (24, 25 & vertical sidewalls of 14, 20) is electrically connected to the at least one inner segment or zone (26 & middle of the bottom of 14 in Fig. 1) through a first coupler (see first coupler comprising the electrical connections [such as 41, 43 in Fig. 1] in the circuit diagram in Fig. 4) and a second of the at least two outer segments or zones (24, 25 & vertical sidewalls of 14, 20) is electrically connected to the at least one inner segment or zone through a second coupler (see second coupler comprising the electrical connections [such as 41, 43 in Fig. 1] in the circuit diagram in Fig. 4).
In regard to claim 22, Nelson discloses wherein at least one of the at least one inner segment or zone (middle apex portion of 18 in Fig. 2), or at least one of the at least two outer segments (one of the left and right opposing portions of 18 in Fig. 2) further comprises first and second portions (half portions of either the inner segment or zone one of the two outer segments), the first and second portions being connected by a flexible electrical connection (18 contains a heating element therein and the bending of the heating source 18 into its ultimate shape thereby demonstrates the flexibility of the electrical connection).
In regard to claim 23, Nelson discloses wherein at least three of the at least one inner segment or zone (26 & middle of the bottom of 14 in Fig. 1) and the at least two outer segments or zones (24, 25 & vertical sidewalls of 14, 20) are provided in a linear configuration (the upper and lower edges of 24-26 extend within horizontal planes that define a straight line across the diameters of 24-26; the particular linear configuration is not being specifically claimed).
Allowable Subject Matter
Claims 2-3 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.
Response to Arguments
Applicant's arguments filed 01/29/2026 have been fully considered but they are not persuasive.
Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections.
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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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