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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 11, and 18 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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) 1-4, 7, 8, and 11-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Olmstead (US 2010/0063640 A1), and further in view of Moreland (US 2019/0166983 A1) as evidenced by Solberg (US Patent No. 11104504).
Re: Claim 1, Olmstead discloses the claimed invention including a deer scent spraying device (100) comprising: a body comprised of an opening and an interior space (Depict in Fig. 5); a strap comprising a fastener configured to secure the body to a tree (401) (Depicted in Fig. 4, Para. 27, 34, any fastener may be used to secure to a tree) except for expressly stating a hook and loop. However, Moreland teaches a strap (11) comprising a hook and loop fastener configured to secure the body to a tree (Fig. 2, Para. 22, 25, strap for securing an object to a tree using a hook and loop fastener).
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to use a strap with a hook and loop fastener as taught by Moreland, since Olmstead states in para 34 that any fastener may be employed, and further hook and loop fasteners are known for ease of use allowing for quick fastening and unfastening, adjustability, reusability, and versatility;
Olmstead further teaching a spray can (645) be positioned within the interior space (Fig. 5); a compound stored within the spray can; a motor (670); a battery (540) (Fig. 5); and a button (630) (Fig. 6); and wherein the body further comprises a hinged door (510) (Fig. 5, para. 35, hinge) with a lock (Fig. 7 depicts a clasp feature as lock for the door as evidenced by Solberg clasp (19) for door (14) as depicted in Solberg’s fig. 2).
Re: Claim 2, Olmstead discloses the claimed invention including the compound is comprised of an aerosol (Para. 8, aerosol, any desired animal scent).
Re: Claim 3, Olmstead discloses the claimed invention including the compound is comprised of a buck urine (Para. 8, aerosol, any desired animal scent).
Re: Claim 4, Olmstead discloses the claimed invention including the compound is comprised of a doe estrus (Para. 8, aerosol, any desired animal scent).
Re: Claim 7, Olmstead discloses the claimed invention including the motor sprays the compound from the spray can at a timed interval ((Fig. 3b, Para. 8, 31, selecting a spraying interval).
Re: Claim 8, Olmstead discloses the claimed invention including the timed interval is selected by the button (Fig. 6, Para. 35, use button to choose intervals).
Re: Claim 11, Olmstead discloses the claimed invention including A deer scent spraying device comprising:
a body comprised of an opening and an interior space (Fig. 5);
a strap comprising a fastener configured to secure the body to a tree (401) (Depicted in Fig. 4, Para. 27, 34, any fastener may be used to secure to a tree) except for expressly stating a magnetic. However, Moreland teaches a strap (11) comprising a magnetic fastener (14) configured to secure the body to a tree (Fig. 2, Para. 22, 25, strap for securing an object to a tree using a magnetic fastener).
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to use a strap with a magnetic fastener as taught by Moreland, since Olmstead states in para 34 that any fastener may be employed, and further magnetic fasteners are known for their ease of use allowing for quick fastening and unfastening, reusability.
a spray can be positioned within the interior space (Fig. 5);
a compound stored within the spray can (Para. 8, compound);
a heating element (560) configured to heat the spray can and the compound (Fig. 5, para. 36, heating element) ;
a motor (645) comprised of a transmitter (1110) (Para. 54, transmitter);
a battery (540) (Para. 35, battery); and
a mobile application (Para. 55, application on a touch pad); and
wherein the body further comprises a hinged door (510) (Fig. 5, para. 35, hinge) with a lock (Fig. 7 depicts a clasp feature as lock for the door as evidenced by Solberg clasp (19) for door (14) as depicted in Solberg’s fig. 2).).
Re: Claim 12, Olmstead discloses the claimed invention including the compound is comprised of an aerosol (Para. 8, aerosol, any desired animal scent).
Re: Claim 13, Olmstead discloses the claimed invention including the compound is comprised of a buck urine (Para. 8, aerosol, any desired animal scent).
Re: Claim 14, Olmstead discloses the claimed invention including the compound is comprised of a doe estrus (Para. 8, aerosol, any desired animal scent).
Re: Claim 15, Olmstead discloses the claimed invention including the motor sprays the compound from the spray can at a timed interval (Fig. 3b, Para. 8, aerosol, any desired animal scent).
Re: Claim 16, Olmstead discloses the claimed invention including the timed interval is selected by the mobile application (Para. 55, time intervals controlled via app).
Re: Claim 17, Olmstead discloses the claimed invention including the transmitter is in wireless electrical communication with the mobile application (Para. 55, transmits wireless via touchpad).
Re: Claim 18, the device of Olmstead is capable of performing the claimed method of using a deer scent spraying device, the method comprising the following steps:
providing a deer scent spraying device comprised of a motor (645) and a spray can (520) housing a spray compound (Figs. 5-6, Para. 37, motor for actuation of spray can);
warming the spray can with a heating element (560) (Para. 36, heating can);
attaching a body of the deer scent spraying device to a structure via a strap (Depicted in Fig. 4, Para. 27, 34, any fastener may be used to secure to a tree) except for comprising a snap button fastener. However, Moreland teaches a strap (11) comprising a snap button fastener (14) configured to secure the body to a tree (Fig. 2, Para. 22, 25, strap for securing an object to a tree using a magnetic fastener).
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to use a strap with a snap button fastener as taught by Moreland, since Olmstead states in para 34 that any fastener may be employed, and further snap button fastener are known for their ease of use allowing for quick fastening and unfastening, reusability.
selecting a spraying interval at which the compound is sprayed from the spray can (Fig. 3b, Para. 8, 31, selecting a spraying interval).
Re: Claim 19, the device of Olmstead is capable of performing the claimed method as evidenced in the rejection of claims 8 above.
Re: Claim 20, the device of Olmstead is capable of performing the claimed method as evidenced in the rejection of claims 10 and 16 above.
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Olmstead (US 2010/0063640 A1) and Moreland (US 2019/0166983 A1) as evidenced by Solberg (US Patent No. 11104504) as applied to claim 1 above, and further in view of Shockley (US Patent No. 5,555,664).
Re: Claim 9, Olmstead discloses the claimed invention except for solar panels. However, Shockley discloses solar panels for a scent device (Col. 5, lines 49-50, solar panels).
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to use solar panels as taught by Shockley, since Shockley states in Col. 5, lines 49-50 that such a modification would allow the device to self-charge while being used out in the field, thus staying effective for longer.
Re: Claim 10 Olmstead discloses the claimed invention except for camouflage indicia. However, Shockley discloses the body is comprised of a camouflage indicia. (Col. 6, lines 12-16, camouflage indicia.).
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to use camouflage indicia. as taught by Shockley, since such a modification is known in the art to make the device less noticeable to wildlife and even other hunters preventing possible theft or damage.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. References cited on the PTO-892 are provided teaching automatic spray dispensers and straps.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES P. CHEYNEY whose telephone number is (571)272-9971. The examiner can normally be reached Monday - Friday, 8:00 am - 4:30 pm.
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/CHARLES P. CHEYNEY/Primary Examiner, Art Unit 3754