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 § 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 (i.e., changing from AIA to pre-AIA ) 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 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Holmberg, US PGPUB 20110113672 in view of Wang et al., CN 113712021 hereinafter referenced as Wang.
As to claim 1, Holmberg discloses a bird repeller, comprising a three-dimensioned raptorial animal figured model, comprising a cover enabling access to a remote control system and electronic internal accessories, wherein the model comprises a top part, a face part, a left side and a right side (turkey decoy 12, fig. 2),
wherein the cover is located relatively on the left side of the model (e.g., shell 20, fig. 2),
a battery generating voltage required for electric transmitter metal (e.g., battery 44, fig. 3),
at least one electric transmitter metal located on the top part, the right side and the left side of the model ([0021] Animal shell 20 is hollow and attached around base 26 to obscure the electrical components of decoy 12 from sight),
a sound system generating a sound of an animal ([0032] A hunter can impart life-like movement and sounds to duck decoy 12A to attract wild game while recording hunting images from duck decoy 12A),
a camera located on the face part of the model (e.g., camera 46, fig. 4);
a motion sensor located on the right side and the left side of the model (e.g., motor 42, fig. 4),
a remote command control system comprising a wireless communication protocol (e.g., remote control 14, fig. 2),
a remote command comprising a running screen direction keys and a wireless communication protocol (e.g., actuators 34, fig. 4),
vacuum wheels ([0020] Tracks 30 are continuous and rugged means for engaging the ground beneath decoy 12 without becoming stuck, although wheels and other suitable means for engaging the ground are equally possible).
Holmberg does not specifically disclose a solar panel located on the top part of the model, providing energy needed for bird repeller movement, and
However, in the same endeavor, Wang discloses a solar panel located on the top part of the model, providing energy needed for bird repeller movement (solar panel 52, 52, fig. 1), and
a damper comprising damper springs (spring 38, fig. 4).
Therefore, it would have been obvious to one of ordinary skill in the art to modify the disclosure of Holmberg to further include Wang’s bird repeller in order to use the device in multiple modes.
As to claim 2, the combination of Holmberg and Shang discloses the bird repeller of claim 1. The combination further discloses the remote command control system enables patrolling on a specified route (Holmberg, [0018] In response to commands from remote control 14, turkey decoy 12 moves, produces audio, and/or records images).
As to claim 3, the combination of Holmberg and Shang discloses the bird repeller of claim 1. The combination further discloses the electric transmitter metals provide application of electroshock in 0.01 - 1 voltage range (Wang, as shown in fig. 1, In one embodiment, the base 1 is provided with at least one LED flash lamp 7, the LED flash lamp 7 can emit green light with wavelength of 532nm, the LED flash lamp 7 is electrically connected with the storage battery 21, the storage battery 21 provides electric energy for the LED flash lamp 7. Such design, because bird is sensitive to green light of 532nm, by setting 532nm of green light flashlight, it can be disturbed at night in the bird near the bird, avoiding the bird at night resting at the power device).
As to claim 4, the combination of Holmberg and Shang discloses the bird repeller of claim 1. The combination further discloses the three dimensioned model reflects a visual of any raptorial animals’ figures (Holmberg, turkey decoy 12, fig. 2).
As to claim 5, the combination of Holmberg and Shang discloses the bird repeller of claim 1. The combination further discloses the sound system provides a sound of the animal selected in the model (Holmberg, [0032] A hunter can impart life-like movement and sounds to duck decoy 12A to attract wild game while recording hunting images from duck decoy 12A).
As to claim 6, the combination of Holmberg and Shang discloses the bird repeller of claim 1. The combination further discloses the solar panel provides energy needed for the sound system, the motion sensor, the camera and the remote command control system (Wang, as shown in fig. 1, In one embodiment, the base 1 is provided with at least one LED flash lamp 7, the LED flash lamp 7 can emit green light with wavelength of 532nm, the LED flash lamp 7 is electrically connected with the storage battery 21, the storage battery 21 provides electric energy for the LED flash lamp 7. Such design, because bird is sensitive to green light of 532nm, by setting 532nm of green light flashlight, it can be disturbed at night in the bird near the bird, avoiding the bird at night resting at the power device).
As to claim 7, the combination of Holmberg and Shang discloses the bird repeller of claim 1. The combination further discloses the electric transmitter metals provide application of electroshock in 0.01 — 0.1 voltage range (Wang, as shown in fig. 1, In one embodiment, the base 1 is provided with at least one LED flash lamp 7, the LED flash lamp 7 can emit green light with wavelength of 532nm, the LED flash lamp 7 is electrically connected with the storage battery 21, the storage battery 21 provides electric energy for the LED flash lamp 7. Such design, because bird is sensitive to green light of 532nm, by setting 532nm of green light flashlight, it can be disturbed at night in the bird near the bird, avoiding the bird at night resting at the power device).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on the combined reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jong, US PGPUB 20090025652 discloses a handy device for repelling deer from destroying flowers and fruits in a small garden is invented. The scaring effect guaranteed to drive animals away is generated in two steps: the first one is to issue a sequence of multi-frequency ultrasonic waves toward the approaching animals detected by a sensor, followed by sudden expansion of a party blower like air expander. The pressured air for expanding air expander can be pressurized by an air pump or direct using of a pressurized air can.
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 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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/SAHLU OKEBATO/Primary Examiner, Art Unit 2625 11/20/2025