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Claims 19-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/21/2025.
Applicant’s election without traverse of Group I in the reply filed on 07/21/2025 is acknowledged.
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) 1-4, 6-8, and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Souza 4,144,667.
In regard to claim 1, Souza discloses a pest capture device, comprising a base (12,14,16,18,20,22) including an opening (24); and a lid (28) attached to the base and pivotable between a first position (see Fig. 1) and a second position (see Fig. 6), the lid including a ramp (26) disposed at a fixed incline (upper edge of 26 remains at the same angle relative to the major horizontal surface of 28 when in the open position as shown in Figs. 1-2; applicant has not particularly claimed that the ramp is fixed to the lid at a certain inclination; applicants have failed to particularly claim the structure of the ramp’s fixed incline in any particular manner) relative to an upper wall (major horizontal surface of 28 extending along 16) of the lid (28), wherein when the lid is in the first position: the base and the lid define an interior volume (see Fig. 1) and the ramp (26) is adjacent the opening (24) of the base (see Fig. 1).
In regard to claim 2, Souza discloses wherein a plane including the ramp (plane in which 26 extends intersects portion of lid 28 that overlaps front wall 22 in Fig. 1) intersects the lid.
In regard to claim 3, Souza discloses wherein the ramp (26) is attached to the lid (28).
In regard to claim 4, Souza discloses wherein the ramp (26) is integral with the lid (28; 26 precut on three sides from 28).
In regard to claim 6, Souza discloses wherein the base (12,14,16,18,20,22) includes an inclined surface (22) disposed at a fixed incline (22 remains fixed relative to 18; applicant has not claimed that the inclined surface is fixed to the base in any particular manner or at any particular inclination) relative to a lower wall of the base (lower wall 18), and wherein the inclined surface contacts the ramp when the lid is in the first position (connected end of 26 to 28 contacts inner surface of 22; see Fig. 1).
In regard to claim 7, Souza discloses wherein the inclined surface (22) has a different inclination angle (see Figs. 1, 3) than the ramp (26) relative to a bottom (lower wall 18 not shown in Figs. but is opposite of upper wall 16) of the base.
In regard to claim 8, Souza discloses a mounting structure (apertures 46 in side walls) configured to mount the pest capture device (10) to another structure (36,44).
In regard to claim 13, Souza discloses an adhesive material (58) positioned within the enclosed volume (see Fig. 3A).
Claim(s) 1-14, 16, and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Knuppel et al. 6,691,452.
In regard to claim 1, Knuppel et al. disclose a pest capture device, comprising a base (12) including an opening (30); and a lid (14) attached to the base and pivotable between a first position (see Fig. 1) and a second position (see Fig. 2), the lid including a ramp (58 OR 50 in Fig. 2) disposed at a fixed incline (58 is at any inclination including those shown in Figs. 3-4 and any inclination between these positions in Figs. 3-4 OR 50 inclined as shown in Fig. 3) relative to an upper wall of the lid (58 is fixed so as not to move laterally as it is confined between sidewalls 36 by 72,74,76,78 at 80 and is only allowed to pivot when engaged [applicant has not particularly claimed that the ramp is fixed to the lid at a certain inclination] OR 50 is fixed to 46 of 36), wherein when the lid is in the first position: the base and the lid define an interior volume (see Fig. 1) and the ramp (58) is adjacent the opening (30) of the base (see Fig. 1).
In regard to claim 2, Knuppel et al. disclose wherein a plane including the ramp (58 intersects 14 in the position shown in Fig. 4) intersects the lid.
In regard to claim 3, Knuppel et al. disclose wherein the ramp (58) is attached to the lid (14; 58 attached via 36 being attached to 14 via 94).
In regard to claim 4, Knuppel et al. disclose wherein the ramp (58) is integral with the lid (58 is integral with 14 by forming a single functioning assembly through the connection of 36 to 14 via 94 and is thus composed of parts forming a whole).
In regard to claim 5, Knuppel et al. disclose wherein the ramp (58) is included in a ramp structure (36), the ramp structure including a first wall (one of 38) on a first side of the ramp and a second wall (other of 38) on a second side of the ramp, wherein the first and second walls are attached to, or integral with, the lid (36 are attached to or integral to 14 via 94).
In regard to claim 6, Knuppel et al. disclose wherein the base (12) includes an inclined surface (82; 82 is enclosed within confines of 12 in Fig. 1) disposed at a fixed incline (82 is fixed at an inclination [at any inclination including those shown in Figs. 3-4 and any inclination between these positions in Figs. 3-4] so as not to move laterally as it is confined between sidewalls 36 by 84,86,88,90 at 92 and is only allowed to pivot when engaged) relative to a lower wall of the base (26; applicant has not claimed that the inclined surface is fixed to the base at any particular inclination or in any particular manner), and wherein the inclined surface contacts the ramp when the lid is in the first position (see Fig. 4).
In regard to claim 7, Knuppel et al. disclose wherein the inclined surface (82) has a different inclination angle (see Fig. 4) than the ramp (26) relative to a bottom (26) of the base.
In regard to claim 8, Knuppel et al. disclose a mounting structure (88) configured to mount the pest capture device (10) to another structure (82,86).
In regard to claim 9, Knuppel et al. disclose wherein the opening (one of 30 in the foreground in Fig. 2) is a first opening, the base further including a second opening (other of 30 in the background in Fig. 2), wherein the ramp is a first ramp (58 associated with the one of 30), the lid further including a second ramp (58 associated with other of 30).
In regard to claim 10, Knuppel et al. disclose wherein a first plane including the first ramp (58 associated with the one of 30) intersects a second plane including the second ramp (58 associated with other of 30; see Fig. 4 wherein the planes of both of 58 intersect each other).
In regard to claim 11, Knuppel et al. disclose wherein the second ramp (58 associated with other of 30) is adjacent the second opening (other of 30 in the background in Fig. 2) of the base when the lid (14) is in the closed position (see Figs. 1, 4).
In regard to claim 12, Knuppel et al. disclose wherein the second opening (one of 30 in the foreground in Fig. 2) is opposite the second opening (other of 30 in the background in Fig. 2).
In regard to claim 13, Knuppel et al. disclose an adhesive material (glue board not shown placed on floor 26 of box 12 to capture mice that have entered the trap) positioned within the enclosed volume (see col. 5, lines 6-8).
In regard to claim 14, Knuppel et al. disclose a pest capture device, comprising a base (12) including a plurality of sides (20,22,24) and a floor (26), wherein a first side (22 in foreground in Fig. 2) of the base includes a first opening (30 in foreground in Fig. 2) and a second side (22 in background in Fig. 2) of the base includes a second opening (30 in background in Fig. 2); a lid (14) including a first ramp (58 associated with 30 in foreground in Fig. 2 OR right occurrence of 50 in Fig. 2) disposed at a fixed incline (58 is at any inclination including those shown in Figs. 3-4 and any inclination between these positions in Figs. 3-4 OR 50 inclined as shown in Fig. 3) relative to an upper wall of the lid (58 is fixed so as not to move laterally as it is confined between sidewalls 36 by 72,74,76,78 at 80 and is only allowed to pivot when engaged [applicant has not particularly claimed that the ramp is fixed to the lid at a certain inclination] OR 50 is fixed to 46 of 36) and a second ramp (58 associated with 30 in background in Fig. 2 OR left occurrence of 50 in Fig. 2) disposed at a fixed incline relative to an upper wall of the lid (58 is fixed so as not to move laterally as it is confined between sidewalls 36 by 72,74,76,78 at 80 and is only allowed to pivot when engaged [applicant has not particularly claimed that the ramp is fixed to the lid at a certain inclination] OR 50 is fixed to 46 of 36), wherein the first ramp includes a first end (60 of right 58 in Fig. 4 adjacent right 30) opposite a second end (62 of right 58 in Fig. 4), wherein the first end is adjacent the first opening of the base, wherein the second end is spaced from the first opening (30 in foreground in Fig. 2) of the base, and wherein the second end is spaced farther from the bottom of the base than the first end (see Fig. 4), wherein the second ramp includes a third end (60 of left 58 in Fig. 4 adjacent left 30) opposite a fourth end (62 of left 58 in Fig. 4), wherein the third end is adjacent the second opening of the base (30 in background in Fig. 2), wherein the fourth end is spaced from the second opening (30 in background in Fig. 2) of the base, and wherein the fourth end is spaced farther from the bottom of the base than the third end (see Fig. 4), and wherein the lid (14) is pivotably attached to the base (via 18); and an adhesive material (glue board not shown placed on floor 26 of box 12 to capture mice that have entered the trap) positioned between the floor of the base and the lid (see col. 5, lines 6-8).
In regard to claim 16, Knuppel et al. disclose wherein the base includes four sides, wherein the first and second sides (22) of the base have shorter lengths than third and fourth sides (20,24) of the base.
In regard to claim 17, Knuppel et al. disclose wherein the first ramp (58 associated with 30 in foreground in Fig. 2) is at an angle relative to the bottom of the base within a range of 15 to 45 degrees (about 25 degrees; see Fig. 4).
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) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Knuppel et al. 6,691,452 in view of Hight 6,266,917, Nelson 2008/0072475 or Hoyes et al. 2005/0028431.
Alternatively in regard to claim 8, Knuppel et al. do not disclose a mounting structure configured to mount the pest capture device to another structure. Hight, Nelson, and Hoyes et al. disclose a mounting structure (securing chain 52 or bolts 56 which attach to bottom wall 16 of pedestal compartment to an exterior ground surface OR aperture 123 through which a fastener, such as a nail or screw could be inserted OR L-shaped base plate 30) configured to mount the pest capture device to another structure (building wall 54 OR fastener can be used to secure the base 102 to a surface such as a floor or the ground OR bait box 10 is mounted onto an L-shaped base plate 30 that can be fixed to a support surface by means of a slot 33 in the side flange 32 or a screw not shown through aperture 34 and alternatively any suitable fixing method such as an adhesive may be used to secure base plate 30 to a support surface). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the pest capture device of Knuppel et al. such that it comprises a mounting structure configured to mount the pest capture device to another structure in view of Hight or Nelson in order to prevent the removal of the pest capture device from the intended deployment location.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Knuppel et al. 6,691,452 in view of KR 10-0772973 to Chyun.
In regard to claim 15, Knuppel et al. disclose wherein the lid is pivotable between a first position (see Fig. 1) and a second position (see Fig. 2), the pest capture device further comprising a locking mechanism configured to maintain the lid in the first position. Chyun discloses a pest capture device comprising a base (100) including an opening (); a lid (200) pivotally attached to the base (via hinge 300); and an adhesive material (eradication means 600 which is sticky) positioned between the floor of the base (130) and the lid (200); wherein the lid is pivotable between a first position (see Fig. 1) and a second position (see Fig. 2), the pest capture device further comprising a locking mechanism (fastening parts 400 for locking/unlocking 100,200 together via key 440) configured to maintain the lid in the first position (see Fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the pest capture device of Knuppel et al. such that it comprises a locking mechanism configured to maintain the lid in the first position in view of Chyun in order to provide a means for maintaining the lid in the first position so that persons or other animals cannot tamper with the interior of the pest capture device and limits access to users who have the key that will unlock the locking mechanism.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Knuppel et al. 6,691,452 in view of Harper 2009/0139133 or Issit 6,082,042.
In regard to claim 18, Knuppel et al. disclose a rod (18; see Fig. 2) extending through apertures in the base (12) and lid (14), but do not disclose wherein the base includes a rod, wherein the lid includes a hook, and wherein the lid is pivotably attached to the base via the hook and the rod. Harper and Issit disclose wherein the lid (12 OR 13) includes a hook (see hook curving under the rod in Fig. 1 at hinge 42 OR 14 in Fig. 2), and wherein the lid (12 OR 13) is pivotably attached to the base via the hook and the rod (see Figs. 1, 4 OR see Fig. 3 which shows the hooks 14 of the hinge being attached to one of the three individual rod sections). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the base which includes a rod and the lid which includes a hook, wherein the lid is pivotally attached to the base via the hook and the rod in view of Harper or Issit for the rod extending through apertures in the base and lid of Knuppel et al. in order to provide a pivotable connection between the lid and the base which allows the lid to be easily disconnected from the base for purposes of repair or replacement.
Response to Arguments
Applicant's arguments filed 12/16/2025 have been fully considered but they are not persuasive.
In regard to applicant’s argument that “Souza does not describe the insert tab 26 as a ramp nor does it function as one,” the Examiner contends that the structure of the ramp of the present invention is not being specifically claimed to any level of detail that assuredly overcomes the Examiner’s broad yet reasonable interpretation of Souza. The tab 26 of Souza is in fact inclined relative to both the horizontal and vertical directions and is capable of being engaged by an animal entering the device of Souza. Applicant is attempting to assign a definition for the term “ramp” which is more than it actually is and that any ramp can only be further defined with the limitations used to describe its connection to other parts of the desired invention, its specific angle of inclination relative to another structure, and interrelationship with other structures of the desired invention that would serve to define it over Souza.
In regard to applicant’s argument that “Knuppel describes a tilt flap 82 that pivots about the pins 86 when its in operation…Knuppel does not describe ‘a ramp disposed at a fixed incline relative to an upper wall of the lid’…”, the Examiner reminds applicant that the tilt flap 82 was not being interpreted by the Examiner as representing the “ramp” as recited in claims 1 and 14 and that instead the tilt ramp 58 of Knuppel as representing the “ramp” in claims 1 and 14. Nevertheless, both tilt ramps 58,82 are able to assume various inclined positions as shown in Figs. 3-4 of Knuppel and both tilt ramps 58,82 are fixed so as not being able to move in either lateral direction by their respective connections (72,74,76,78 at 80 of 58 & 84,86,88,90 at 92 of 82) to the sidewalls 36 of Knuppel. The manner in which the ramp is fixed is not specifically being claimed by applicant and that the ramp is not even being minimally claimed as being fixed or attached to the lid as shown in applicant’s Figures.
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.
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, 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