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 .
Information Disclosure Statement
The information disclosure statement (IDS) is in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS has been considered by the examiner.
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 14 and 20 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.
Claims 14 and 20 recite the limitation "the handle." There is insufficient antecedent basis for this limitation in the claim. In both instances, there is no “handle” established by parent claim 11 and insufficient limitation regarding whether said handle is a portion of the “body” as claimed or a separate component altogether. For the purposes of examination, “the handle” will be interpreted to mean any and all structures that allow a device to be grabbed, held, or otherwise manipulated by hand.
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.
Claims 1-2 and 4-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Spence (US 20180064093 A1).
Regarding Claim 1: Spence discloses (in at least figures 7-11, the description, and the claims) an animal deterrent device (fig. 7 and par. 48: animal bite deterrent device embodiment 300)1 comprising:
a body (fig. 7 and par. 48: housing body 301 with handle 302);
a trigger (fig. 7 and par.’s 48-49: trigger 304);
a speaker (fig. 7 and par. 48: ultrasonic sound unit 310);
a battery (fig. 7 and par. 48: battery in battery compartment 305);
a light (fig. 7 and par. 48: LED light 312); and
a shocking mechanism (fig. 7 and par. 48: electronic shock unit 311).
Regarding Claim 2: Spence discloses the animal deterrent device of claim 1, wherein the speaker produces a sound (par. 26 and par. 33: the ultrasonic generator produces a three frequency ultrasonic “whistle”).
Regarding Claim 4: Spence discloses the animal deterrent device of claim 1, wherein the light is comprised of an LED light (fig. 7 and par. 48: LED light 312).
Regarding Claim 5: Spence discloses the animal deterrent device of claim 4, wherein the LED light can flash, strobe, blink or continuously illuminate (par. 31: “super bright LED light with a flashing strobe (preferred) will temporarily blinds and confuses the dog and helps stop the approach of unwanted dogs up to approximately 40 feet. A training setting has also been included.”).
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Spence as applied to claim 2 above, and further in view of Lee (KR 20160065240 A)2.
Regarding Claim 3: Spence discloses the animal deterrent device of claim 2, but does not explicitly disclose wherein the sound is comprised of a thunder sound or a firework sound.
Lee discloses an analogous art (fig. 1 and par. 17: animal deterrent device 100) comprising a speaker that produces a sound (fig. 1 and par. 19: acoustic means 120) and wherein the sound is comprised of a thunder sound or a firework sound (par. 20: “sound means may output sounds that can threaten or startle the wild animal (10), such as human voices, siren sounds, gunshots, and thunder, according to the user's selection or randomly.”).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for a sound comprised of a thunder sound or a firework sound, as taught by Lee, to be produced by Spence’s speaker as a sound that advantageously deters specific animal threats and enhances the overall effectiveness of the device (Lee par. 19 and par.’s 5-7).
Claims 6-14 and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Spence further in view of Chang (US 20160040965 A1).
Regarding Claim 6: Spence discloses (in at least figures 7-11, the description, and the claims) an animal deterrent device (fig. 7 and par. 48: animal bite deterrent device embodiment 300)3 comprising:
a body (fig. 7 and par. 48: housing body 301 with handle 302);
a first trigger (fig. 7 and par.’s 48-49: trigger 304);
a battery (fig. 7 and par. 48: battery in battery compartment 305);
a speaker (fig. 7 and par. 48: ultrasonic sound unit 310);
a light (fig. 7 and par. 48: LED light 312); and
a shocking mechanism comprised of a wire, a prong and a generator (fig. 7 and par. 48: electronic shock unit 311. See par. 28: electronic shock unit operates as a standard electric stun gun including electrodes connected to a generator by wire. Par. 28: “When activated, the static electricity discharges across the fixed electrodes to make a loud “pop” sound and a flash of light. If placed in contact with an animal or human and activated, it acts in the same manner as a stun gun of drive stun.” ).
Spence does not explicitly disclose a second trigger.
Chang discloses an analogous art (fig.’s 1-2 and par.’s 15-18: multi-purpose stun gun) comprising a shocking mechanism comprised of a wire, a prong and a generator (fig. 1 and par. 18: positive and negative electrodes 130,131 with positive and negative darts 21,22 respectively are connected high-voltage generator 15) and a second trigger (fig. 1 and par. 21: “a user may unlock the safety 161 and then squeeze the second trigger 162. High voltage is in turn supplied from the high-voltage generator 15 to the safety switch S3. The user may further press the safety switch S3 to supply high voltage to the positive and the negative electrodes 130 , 131 respectively. And in turn, both the positive dart 21 and the negative dart 22 are electrified. The user may hit a target (e.g., an attacker) by striking the cartridge 20 on the attacker. Electricity is thus supplied to the attacker by transmitting electricity from the positive dart 21 to the negative dart 22 through the body of the attacker. As a result, the attacker is subdued.”)
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the second trigger, as taught by Chang, to be included in the device of Spence to give the user the ability to readily select between operation modes of the shocking mechanism thereby improving the safety and functionality of the device (Chang par.’s 5-7 and par. 19).
Regarding Claim 7: Spence and Chang disclose the animal deterrent device of claim 6, and Spence further discloses wherein the first trigger activates the light (par. 34: When the three way switch 328 is in the center position, trigger 304 activates the LED light and ultrasonic generator simultaneously.).
Regarding Claim 8: Spence and Chang disclose the animal deterrent device of claim 6, and Spence further discloses wherein the first trigger activates the speaker (par. 34: When the three way switch 328 is in the center position, trigger 304 activates the LED light and ultrasonic generator simultaneously.).
Regarding Claim 9: Spence and Chang disclose the animal deterrent device of claim 6, and Chang further discloses wherein the second trigger activates the shocking mechanism (fig. 1 and par. 21: “a user may unlock the safety 161 and then squeeze the second trigger 162. High voltage is in turn supplied from the high-voltage generator 15 to the safety switch S3. The user may further press the safety switch S3 to supply high voltage to the positive and the negative electrodes 130 , 131 respectively. And in turn, both the positive dart 21 and the negative dart 22 are electrified. The user may hit a target (e.g., an attacker) by striking the cartridge 20 on the attacker. Electricity is thus supplied to the attacker by transmitting electricity from the positive dart 21 to the negative dart 22 through the body of the attacker. As a result, the attacker is subdued.”).
The rationale to combine is the same as for claim 6.
Regarding Claim 10: Spence and Chang disclose the animal deterrent device of claim 6, and Spence discloses wherein the generator produces an electric current (fig. 7 and par. 48: electronic shock unit 311. See par. 28: electronic shock unit operates as a standard electric stun gun including electrodes connected to a generator by wire. Par. 28: “When activated, the static electricity discharges across the fixed electrodes to make a loud “pop” sound and a flash of light. If placed in contact with an animal or human and activated, it acts in the same manner as a stun gun of drive stun.”).
Regarding Claim 11: Spence discloses (in at least figures 7-11, the description, and the claims) an animal deterrent device (fig. 7 and par. 48: animal bite deterrent device embodiment 300)4 comprising:
a body (fig. 7 and par. 48: housing body 301 with handle 302);
a first trigger (fig. 7 and par.’s 48-49: trigger 304);
a trigger guard (fig. 7 and par. 48: trigger switch guard 308);
a battery (fig. 7 and par. 48: battery in battery compartment 305);
a speaker (fig. 7 and par. 48: ultrasonic sound unit 310);
a light (fig. 7 and par. 48: LED light 312); and
a shocking mechanism comprised of a wire, a prong and a generator (fig. 7 and par. 48: electronic shock unit 311. See par. 28: electronic shock unit operates as a standard electric stun gun including electrodes connected to a generator by wire. Par. 28: “When activated, the static electricity discharges across the fixed electrodes to make a loud “pop” sound and a flash of light. If placed in contact with an animal or human and activated, it acts in the same manner as a stun gun of drive stun.” ).
Spence does not explicitly disclose a second trigger.
Chang discloses an analogous art (fig.’s 1-2 and par.’s 15-18: multi-purpose stun gun) comprising a shocking mechanism comprised of a wire, a prong and a generator (fig. 1 and par. 18: positive and negative electrodes 130,131 with positive and negative darts 21,22 respectively are connected high-voltage generator 15) and a second trigger (fig. 1 and par. 21: “a user may unlock the safety 161 and then squeeze the second trigger 162. High voltage is in turn supplied from the high-voltage generator 15 to the safety switch S3. The user may further press the safety switch S3 to supply high voltage to the positive and the negative electrodes 130 , 131 respectively. And in turn, both the positive dart 21 and the negative dart 22 are electrified. The user may hit a target (e.g., an attacker) by striking the cartridge 20 on the attacker. Electricity is thus supplied to the attacker by transmitting electricity from the positive dart 21 to the negative dart 22 through the body of the attacker. As a result, the attacker is subdued.”)
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the second trigger, as taught by Chang, to be included in the device of Spence to give the user the ability to readily select between operation modes of the shocking mechanism thereby improving the safety and functionality of the device (Chang par.’s 5-7 and par. 19).
Regarding Claim 12: Spence and Chang disclose the animal deterrent device of claim 11, and Chang further discloses wherein the prong is propelled from the shocking mechanism by a propellant mechanism (fig.’s 1-2 and par. 21: “The user may hit a target (e.g., an attacker) by striking the cartridge 20 on the attacker. Electricity is thus supplied to the attacker by transmitting electricity from the positive dart 21 to the negative dart 22 through the body of the attacker. As a result, the attacker is subdued.” As shown by the arrow in fig. 2, electrified darts 21 and 22 are propelled from cartridge 20).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the propellant mechanism, as taught by Chang, to be included in the device of Spence to give the user the ability to subdue a target without having to come into close proximity thereby enhancing the ability of the device to protect the individual from harm (Chang par.’s 5-7 and par. 19).
Regarding Claim 13: Spence and Chang animal deterrent device of claim 12, but neither disclose wherein the propellant mechanism is comprised of a gas.
However, the embodiment of the claimed in claim 13, wherein the propellent mechanism of the prongs is comprised of gas, is an obvious variant of the embodiment disclosed by Chang, wherein electrified prongs are propelled and wherein another propellent mechanism comprising a gad is used to propel a pellet (Chang fig. 2 and par.’s 17 and 19: propellant 119 comprising pressurized air in cannister 113 is used to fire pellet 111 towards a target in the same direction as the darts 21,22 propelled out of cartridge 20.) . The remaining limitations of claim 13 are unpatentable over Spence in view of Chang and the motivation to combine is the same as claim 12.
Therefore, it would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention for a gas propellent to be used to propel the prongs at a target, as is disclosed by Chang to propel a pellet in the same direction (Chang fig. 2).
Regarding Claim 14: Spence and Chang disclose the animal deterrent device of claim 11, and Chang further discloses wherein the first trigger and the second trigger are positioned on the handle (Chang fig.’s 1-2: first trigger 14 and second trigger 162 are both positioned on portions of the handle 16 where the user holds the device and can access them with one hand).
The rationale to combine is the same as for claim 11.
Regarding Claim 16: Spence and Chang disclose the animal deterrent device of claim 11, and Spence discloses wherein the speaker produces a dog whistle (par. 26 and par. 33: the ultrasonic generator produces a three frequency ultrasonic “whistle” in frequencies that only a dog can hear.).
Regarding Claim 17: Spence and Chang disclose the animal deterrent device of claim 11, and Spence discloses wherein the wire places the prong in electrical communication with the generator (fig. 7 and par. 48: electronic shock unit 311. See par. 28: electronic shock unit operates as a standard electric stun gun including electrodes connected to a generator by wire. Par. 28: “When activated, the static electricity discharges across the fixed electrodes to make a loud “pop” sound and a flash of light. If placed in contact with an animal or human and activated, it acts in the same manner as a stun gun of drive stun.”).
Regarding Claim 18: Spence and Chang disclose the animal deterrent device of claim 11, and Spence discloses wherein the generator produces a continuous electric current or a non-continuous electric current (fig. 7 and par. 48: electronic shock unit 311. See par. 28: electronic shock unit operates as a standard electric stun gun including electrodes connected to a generator by wire. Par. 28: “When activated, the static electricity discharges across the fixed electrodes to make a loud “pop” sound and a flash of light. If placed in contact with an animal or human and activated, it acts in the same manner as a stun gun of drive stun.” The standard stun gun as disclosed comprises a generator producing a non-continuous pulsed current).
Regarding Claim 19: Spence and Chang disclose the animal deterrent device of claim 11, and Spence discloses wherein the battery is comprised of a charging port (fig. 7 and par. 49: plug 326 recharges the battery).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Spence and Chang as applied to claim 11 above, and further in view of Zabinski (DE 202018000940 U1)5.
Regarding Claim 15: Spence and Chang disclose the animal deterrent device of claim 11, but do not explicitly disclose wherein the body is comprised of a tote bag, a messenger bag, a backpack, a purse, a wallet, or a crossbody bag shape.
Zabinski discloses an analogous art (fig.’s 1-3, fig. 5, and par.’s 13-21: personal protective device 1 integrated as backpack 4) wherein the body is comprised of a tote bag, a messenger bag, a backpack, a purse, a wallet, or a crossbody bag shape (fig.’s 1-3, fig. 5, and par.’s 13-21: personal protective device 1 integrated as backpack 4).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the body of Spence and Chang’s device to be comprise a bag, as taught by Zabinski, to give the user rapidly rapid access to the device allowing the user to engage a threat quicker and make the device accessible to a wide variety of users across different levels of physical ability (Zabinksi fig. 5 and par.’s 4-6 and par. 3).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Spence and Chang as applied to claim 11 above, and further in view of Stethem (US 20100276514 A1).
Regarding Claim 20: Spence and Chang disclose the animal deterrent device of claim 11, but do not explicitly disclose wherein the handle is comprised of a locking mechanism that secures the handle to the body.
Stethem discloses an analogous art (fig.’s 13A-14 and par. 49: multi-function personal defense device comprising collapsable baton 310 with movable handle 312) wherein a handle (fig.’s 13A-14 and par. 49: movable handle 312) is comprised of a locking mechanism that secures the handle to the body (fig. 14 and par.’s 49-51: Locking mechanisms 397a and 397b of locking contact surface 397 allow moveable handle 312 to be secured in collapsed position.).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the locking mechanism, as taught by Stethem, to be included in the device of Spence and Chang to give the user the ability to use the device in multiple configurations and provide a compact easy-to-use design that allows the user to engage a threat quicker and thereby enhancing its overall efficacy (Stethem par. 3 and par.’s 49-51).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure includes:
Thomas (US 20070125224 A1) discloses the device according to certain limitations of claims 1-2, 4-8, 10-11, and 20.
Beck (US 20160235040 A1) discloses the device according to certain limitations of claims 1-2, 4-8, 10-11, and 20.
Nangunoori (US 20190271527 A1) discloses the device according to certain limitations of claims 1-2, 4-11, 14 and 17-20.
Wong (US 9204622 B2) discloses the device according to certain limitations of claims 1-2, 4-11, 14 and 17-20.
Park (US 9435619 B1) discloses the device according to certain limitations of claims 11-13.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EVAN MANCINI whose telephone number is (703)756-5796. The examiner can normally be reached Mon-Fri 8AM-5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KRISTINA DEHERRERA can be reached at (303)297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/EVAN MANCINI/ Examiner, Art Unit 2855
/KRISTINA M DEHERRERA/Supervisory Patent Examiner, Art Unit 2855 12/15/25
1 See par.’s 48-49: The components of embodiment 300 operate in the same manner as described for their corresponding components in the embodiments disclosed in figures 1-6.
2 Citations made to attached translation of description
3 See par.’s 48-49: The components of embodiment 300 operate in the same manner as described for their corresponding components in the embodiments disclosed in figures 1-6.
4 See par.’s 48-49: The components of embodiment 300 operate in the same manner as described for their corresponding components in the embodiments disclosed in figures 1-6.
5 Citations made to attached translation of description.