DETAILED ACTION
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Status of claims
Claims 1-19 are pending.
Claim Objections
Claims 1-19 are objected to because of the following informalities:
The phrase “Holder Device for Insect Attractants” appearing in claims 1-19 should not be capitalized and be corrected to read --holder device for insect attractants--.
Claims 1-19 are objected to for failing to comply with 37 CFR 1.75(i), which states “Where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation”.
The preamble of dependent claims 2-10, 12-14, 16, 18 should be corrected to read --[[A]] The holder device for insect attractants-- as such is already defined within the preambles of independent claims 1, 11, and 15.
Appropriate correction is required.
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 1-19 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 1-10 are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with errors pertaining to the antecedent basis of limitations recited within the claims. For example, independent claim 1 and its dependent claims 2-10 recite at least the limitations “the curved part” in claim 1, “the other end of the curved part” in claim 1, “the end of the spike neck” in claim 1, “the lower opening” in claim 3, “the inner part” in claims 4-5, “the fastening means” in claim 8, all of which lack antecedent basis within the claim. There are also instances within dependent claims 2-10 where a limitation is apparently defined within the dependent claim, however that limitation is already defined within the independent claim, for example, claim 2 recites of “an oval”, however claim 1 already defines of “an oval”, thus it is unclear if the oval of claim 2 refers to that of claim 1, or if a second oval is being defined. There are also instances within dependent claims 2-10 where it is unclear what limitation is being referred to, for example, reciting “the protrusion” in claim 4, although claim 1 defines of a lower gripping protrusion and an upper gripping protrusion. As such, for the purpose of this action, Examiner will interpret Claims 1-10 as reading in the following manner:
Claim 1: “A holder device for insect attractants that folds from a first gripping position to a second gripping position of bait, which is comprised of: a lower elastic gripping arm and an upper elastic gripping arm, said arms forming an oval, where one end of each arm joins a circular support, and an opposing end of each arm is open, said opposing end of the lower elastic gripping arm having a lower end fastener, said opposing end of the upper elastic gripping arm having an upper end fastener, the lower elastic gripping arm has a lower gripping protrusion, and the upper elastic gripping arm has an upper gripping protrusion, said lower and upper gripping protrusions do not join or touch each other, and wherein a spike connection is formed at an end of a spike neck opposite to the circular support”.
Claim 2: “A holder device for insect attractants that folds from a first gripping position to a second gripping position of bait in accordance with claim 1, wherein the lower end and upper end fasteners are joined forming the oval with an opening at an end of the oval opposite to the circular support, each of the lower end and upper end fasteners having an opposite semicircular curvature between them”.
Claim 3: “A holder device for insect attractants that folds from a first gripping position to a second gripping position of bait in accordance with claim 1, wherein the lower gripping protrusion is located approximately one third of the length of the lower elastic gripping arm away from an opening end of the oval”.
Claim 4: “A holder device for insect attractants that folds from a first gripping position to a second gripping position of bait in accordance with claim 1, wherein each of the lower gripping and upper gripping protrusions have a projection towards an inner part of the oval”.
Claim 5: “A holder device for insect attractants that folds from a first gripping position to a second gripping position of bait in accordance with claim 1, wherein the upper gripping protrusion of the upper elastic gripping arm is located approximately one third of the length of the upper elastic gripping arm away from an opening end of the oval, wherein the upper gripping protrusion is projected towards an inner part of the oval”.
Claim 6: “A holder device for insect attractants that folds from a first gripping position to a second gripping position of bait in accordance with claim 1, wherein said spike connection is formed by a circular truncated pyramid divided into two parts that form a half spike divided by a spike slot”.
Claim 7: “A holder device for insect attractants that folds from a first gripping position to a second gripping position of bait in accordance with claim 1, wherein the spike connection is suitable for insertion into a handle, spindle, or lever that allows for providing greater support to the holder device”.
Claim 8: “A holder device for insect attractants that folds from a first gripping position to a second gripping position of bait in accordance with claim 1, wherein the spike neck is configured to receive a fastening means”.
Claim 9: “A holder device for insect attractants that folds from a first gripping position to a second gripping position of bait in accordance with claim 1, wherein the second gripping position is achieved by transitioning from the first gripping position to the second gripping position, such that the upper elastic gripping arm is crossed over the lower elastic gripping arm and the upper gripping protrusion is positioned above the lower gripping protrusion”.
Claim 10: “A holder device for insect attractants that folds from a first gripping position to a second gripping position of bait in accordance with claim 1, wherein the lower end fastener and upper end fastener are movable at an end of the oval, each of the lower end and upper end fasteners having a semicircular curvature, which is suitable for grasping and holding bait”.
Claims 11-14 are rejected for substantially the same reasons as claims 1-10, as they are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with errors pertaining to grammar and the antecedent basis of limitations recited within the claims, as well as grammar and idiomatic errors. For example, the limitations “the curved part” in claim 11, “the other end of the curved part” in claim 11, “said union” in claim 12, “the trap” in claim 13, all lack antecedent basis within the claims. Further, claims 12-14 are all grammatically incoherent statements making up the claims. Further, regarding claim 14, it would appear that Applicant is intending to define the material that makes up the “rigid-flexible member”, but states that it “can be a metallic or tubular wire of malleable materials, such as a malleable plastic or metal, or any other material that can fulfill the properties of rigidity and flexibility”. Claim 14 appears to place no bounds on what the material is that makes up the rigid-flexible member as along as it is made of a malleable material. As such, regarding claim 14, Examiner will interpret that claim 14 must require a malleable material to make up the rigid-flexible member. As such, due to the errors within claims 11-14, for the purpose of this action, Examiner will interpret claims 11-14 as reading as the following:
Claim 11: “A holder device for insect attractants that folds from a first gripping position to a second gripping position of bait which is comprised of: a lower elastic gripping arm and an upper elastic gripping arm, said arms forming an oval, where one end of each arm joins a coupling, and an opposing end of each arm is open, said opposing end of the lower elastic gripping arm having a lower end fastener, said opposing end of the upper elastic gripping arm having an upper end fastener, the lower elastic gripping arm has a lower gripping protrusion, and the upper elastic gripping arm has an upper gripping protrusion, said lower and upper gripping protrusions do not join or touch each other, and wherein a spike connection is formed at an end of an elongated spike neck, the elongated spike neck formed by a rigid-flexible member, the rigid-flexible member allowing for bending of the elongated spike neck”.
Claim 12: “A holder device for insect attractants that folds form a first gripping position to a second gripping position of bait in accordance with claim 11, wherein one end of said rigid-flexible member is inserted into the coupling, wherein an opposing end of said rigid-flexible member is joined to a circular support”.
Claim 13: “A holder device for insect attractants that folds form a first gripping position to a second gripping position of bait in accordance with claim 11, wherein one end of said rigid-flexible member is inserted into the coupling, wherein an opposing end of said rigid-flexible member is joined to a circular support, thereby allowing the rigid-flexible member to be manipulated to a desired angular position”.
Claim 14: “A holder device for insect attractants that folds form a first gripping position to a second gripping position of bait in accordance with claim 11, wherein the rigid-flexible member is made of a malleable material”.
Independent claim 15 and dependent claims 16, 18 are rejected for substantially the same reasons as claims 1-14, as they are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with errors pertaining to grammar and the antecedent basis of limitations recited within the claims, as well as grammar and idiomatic errors. For example, the limitations “the curved part” in claim 15, “the other end of the curved part” in claim 15, “said elongated spike slot” in claim 15, “the fastening means” in claim 15, all lack antecedent basis within the claims. Further, it appears that the structure of the claimed holder device of claims 16 and 18 are substantially identical, as claims 16 and 18 are generally narrative about the usage of the holder device. As such, for the purpose of this action, Examiner will interpret claims 15-16, and 18 as reading the following:
Claim 15: “A holder device for insect attractants that folds from a first gripping position to a second gripping position of bait which is comprised of: a lower elastic gripping arm and an upper elastic gripping arm, said arms forming an oval, where one end of each arm joins a circular support, and an opposing end of each arm is open, said opposing end of the lower elastic gripping arm having a lower end fastener, said opposing end of the upper elastic gripping arm having an upper end fastener, the lower elastic gripping arm has a lower gripping protrusion, and the upper elastic gripping arm has an upper gripping protrusion, said lower and upper gripping protrusions do not join or touch each other, and wherein a spike connection is formed at an end of an elongated spike neck, the elongated spike neck formed by a rigid-flexible member, the rigid-flexible member allowing for bending of the elongated spike neck, the spike connection having a spike slot forming a channel within the spike connection that extends to a tip of the spike connection, the spike slot configured to receive a fastening means”.
Claim 16: “A holder device for insect attractants that folds form a first gripping position to a second gripping position of bait in accordance with claim 15, wherein the spike slot allows for flexibility within the spike connection so as to receive the fastening means”.
Claim 18: “A holder device for insect attractants that folds from a first gripping position to a second gripping position of bait in accordance with claim 15, wherein a clip step is formed in the spike slot”.
Independent claims 17 and 19 are rejected for substantially the same reasons as claims 1-16, 18, as they are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with errors pertaining to grammar and the antecedent basis of limitations recited within the claims, as well as grammar and idiomatic errors. For example, the limitations “the curved part” in claims 17 and 19, “the other end of the curved part” in claims 17 and 19, “the spike neck” in claim 17, “the elongated spike slot” in claim 17, all of which lack antecedent basis within the claims. Claims 17 and 19 are also generally narrative, for example reciting “the invention” in claim 17. As such, for the purpose of this action, Examiner will interpret claims 17 and 19 as reading as:
Claim 17: “A holder device for insect attractants that folds from a first gripping position to a second gripping position of bait, which is comprised of: a lower elastic gripping arm and an upper elastic gripping arm, said arms form an oval, where one end of each arm joins a circular support, and an opposing end of each arm is open, said opposing end of the lower elastic gripping arm having a lower end fastener, said opposing end of the upper elastic gripping arm having an upper end fastener, the lower elastic gripping arm has a lower gripping protrusion, and the upper elastic gripping arm has an upper gripping protrusion, said lower and upper gripping protrusions do no join or touch each other, wherein a spike connection is formed at an end of a spike neck opposite to the circular support, the spike connection having a spike slot forming a channel within the spike connection that extends to a tip of the spike connection, the spike slot configured to receive a fastener”.
Claim 19: “A holder device for insect attractants that folds from a first gripping position to a second gripping position of bait which is comprised of: a lower elastic gripping arm and an upper elastic gripping arm, said arms forming an oval, where one end of each arm joins a circular support, and an opposing end of each arm is open, said opposing end of the lower elastic gripping arm having a lower end fastener, said opposing end of the upper elastic gripping arm having an upper end fastener, the lower elastic gripping arm has a lower gripping protrusion, and the upper elastic gripping arm has an upper gripping protrusion, said lower and upper gripping protrusions do not join or touch each other, wherein a spike connection is formed at an end of a spike neck opposite to the circular support, wherein a closed slot is formed within the spike connection, the closed slot configured to receive a rigid or flexible hook or other fastening means”.
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.
Claims 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over Van Der Merwe et al. (WO-0063599; hereinafter VDM) in view of Hausladen (US 8,439,181) and Frank (US 3,154,281).
Regarding claim 1, VDM (Fig. 1-8) discloses a holder device (10) for insect attractants that folds form a first gripping position to a second gripping position of bait (the holder device is capable of being used for bait and insect attractants; the first gripping position is seen in Fig. 1, where the holder device does not hold an object, the second gripping position is when 16, 18 of the holder device are moved so that the holder device receives an object, see Abstract), which is comprised of: a lower elastic gripping arm (12, see Annotated Fig. 1 below) and an upper elastic gripping arm (14, see Annotated Fig. 1 below), said arms forming an oval (see Annotated Fig. 2 below), where one end of each arm joins a circular support (the ends of each arm are joined together and are joined to circular support 24, see the circular cross-section of support 24 within the figures), and an opposing end of each arm is open (see the ends of the arms having the upper and lower end fasteners in Annotated Fig. 2, said ends are open as they are not bound by anything), said opposing end of the lower elastic gripping arm having a lower end fastener (see Annotated Fig. 2), said opposing end of the upper elastic gripping arm having an upper end fastener (see Annotated Fig. 2).
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VDM does not explicitly disclose wherein the lower elastic gripping arm has a lower gripping protrusion, the upper elastic gripping arm has an upper gripping protrusion, said lower and upper gripping protrusions do not join or touch each other, and wherein a spike connection is formed at an end of a spike neck opposite to the circular support.
Hausladen (Fig. 1-4) teaches of a holder device (1) having a pair of arms (3, 6), wherein the arms form a semi-ovular shape (see Fig. 1-2), and each arm has a gripping protrusion (7) located along a length of the arm, the protrusion projecting towards an inner part of the semi-ovular shape (see Fig. 2), wherein each protrusion is provided to assist in retaining an object that is positioned between the pair of arms (see Col. 2 lines 46-55, see claim 21).
It would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify VDM with the teachings of Hausladen, to have each arm comprise a gripping protrusion, wherein the lower elastic gripping arm has a lower gripping protrusion located along a length of the lower elastic gripping arm and the upper elastic gripping arm has an upper elastic gripping protrusion located along the upper elastic gripping arm, said protrusions projecting towards an inner part of the oval, said protrusions do not touch each other, wherein each protrusion is provided to assist in retaining an object that is positioned between the arms.
Frank (Fig. 1-7) teaches of a holder device (14) comprising a pair of arms (22), wherein ends of the arms are joined to a support section (34), and wherein a spike connection (26) is formed at an end of a spike neck (24) that is opposite to the support, the spike connection being formed by a circular truncated pyramid (32, see Fig. 2-3) that is divided into multiple parts (30) that form a half spike divided by a spike slot (28), wherein the spike connection allows for the holder device to be fitted and retained within a hole (12) of a mounting surface (10), and the spike connection locks the holder device securely in place (see Col. 1 line 58 – Col. 2 line 8).
Being that VDM discloses that their holder device is configured to be secured to a mounting surface (40 of VDM) via a foot and screw (26, 42, see pg. 4-5 of VDM), it would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify VDM with the teachings of Frank, such that the securement device of the holder device of VDM to a mounting surface is a spike connection formed at the end of a spike neck that is opposite the circular support, wherein the spike connection is formed by a circular truncated pyramid that is divided into multiple parts that form a half spike divided by a spike slot, thus allowing for the holder device to be secured and retained in place when it is to be secured to a mounting surface having a mounting hole.
Regarding claim 2, the combination of VDM, Hausladen, and Frank further teach wherein the lower end and upper end fasteners are joined forming the oval with an opening at an end of the oval opposite to the circular support (see Fig. 4 of VDM showing an opening between the arms opposite the circular support, thus the oval is open at that end), each of the lower end and upper end fasteners having an opposite semicircular curvature between them (see Fig. 5 of VDM, see Annotated Fig. 2).
Regarding claim 3, while the combination of VDM, Hausladen, and Frank further wherein the lower gripping protrusion is located along the length of the lower elastic gripping arm (as taught in claim 1) they don’t explicitly disclose wherein the lower gripping protrusion is located approximately one third of the length of the lower elastic gripping arm away from an opening end of the oval. However, Applicant is reminded that it has been held that discovering an optimum value of a result effective variable (i.e. a length of the lower gripping protrusion along the lower elastic gripping arm away from an opening end of the oval) involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Thus, it would be obvious to one of ordinary skill to modify VDM to have the lower gripping protrusion be located approximately one third of the length of the lower elastic gripping arm away from an opening end of the oval, as such involves only routine skill in the art.
Regarding claim 4, the combination of VDM, Hausladen, and Frank further teach wherein each of the lower gripping and upper gripping protrusions have a projection towards an inner part of the oval (as taught in claim 1).
Regarding claim 5, the combination of VDM, Hausladen, and Frank further teach wherein the upper gripping protrusion is projected towards an inner part of the oval (as taught in claim 1). Further, while the combination of VDM, Hausladen, and Frank further wherein the upper gripping protrusion is located along the length of the upper elastic gripping arm (as taught in claim 1) they don’t explicitly disclose wherein the upper gripping protrusion is located approximately one third of the length of the upper elastic gripping arm away from an opening end of the oval. However, Applicant is reminded that it has been held that discovering an optimum value of a result effective variable (i.e. a length of the upper gripping protrusion along the upper elastic gripping arm away from an opening end of the oval) involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Thus, it would be obvious to one of ordinary skill to modify VDM to have the upper gripping protrusion be located approximately one third of the length of the upper elastic gripping arm away from an opening end of the oval, as such involves only routine skill in the art.
Regarding claim 6, the combination of VDM, Hausladen, and Frank further teach wherein the spike connection is formed by a circular truncated pyramid divided into two parts that form a half spike divided by a spike slot (as taught in claim 1).
Regarding claim 7, the combination of VDM, Hausladen, and Frank further teach wherein the spike connection is suitable for insertion into a handle, spindle, or lever that allows for providing greater support to the holder device (the spike connection taught in claim 1 is capable of being inserted into a handle, spindle, or lever).
Regarding claim 8, the combination of VDM, Hausladen, and Frank further teach wherein the spike neck is configured to receive a fastening means (the spike neck taught in claim 1 having the spike slot is capable of receiving a fastening means, for example, an adhesive).
Regarding claim 9, the combination of VDM, Hausladen, and Frank further teach wherein the second gripping position is achieved by transitioning form the first gripping position to the second gripping position, such that the upper elastic gripping arm is crossed over the lower elastic gripping arm and the upper gripping protrusion is positioned above the lower gripping protrusion (the second gripping position is achieved when 16, 18 of the holder device of VDM are moved so that that holder device moves from the first position seen in Fig. 1 of VDM to a second position where the holder device receives an object, see Abstract of VDM; see the upper elastic gripping arm crossed over the lower elastic gripping arm in Fig. 1-5 of VDM; being that the upper gripping protrusion is positioned on the upper elastic gripping arm and the lower gripping protrusion is positioned on the lower elastic gripping arm as taught in claim 1, and that the upper elastic gripping arm is positioned above the lower elastic gripping arm as seen in Fig. 1-5 of VDM, the upper gripping protrusion will thereby be positioned above the lower gripping protrusion).
Regarding claim 10, the combination of VDM, Hausladen, and Frank further teach wherein the lower end fastener and upper end fastener (see Annotate Fig. 2) are movable at an end of the oval (by moving 16, 18 of VDM), each of the lower end and upper end fasteners having a semicircular curvature (see Fig. 5 of VDM), which is suitable for grasping and holding bait (the lower and upper end fasteners are capable of assisting the holder device in grasping and holding bait).
Regarding claim 11, VDM (Fig. 1-8) discloses a holder device (10) for insect attractants that folds form a first gripping position to a second gripping position of bait (the holder device is capable of being used for bait and insect attractants; the first gripping position is seen in Fig. 1, where the holder device does not hold an object, the second gripping position is when 16, 18 of the holder device are moved so that the holder device receives an object, see Abstract), which is comprised of: a lower elastic gripping arm (12, see Annotated Fig. 1) and an upper elastic gripping arm (14, see Annotated Fig. 1), said arms forming an oval (see Annotated Fig. 2), where one end of each arm joins a coupling (the ends of each arm are joined together at a coupling 20), and an opposing end of each arm is open (see the ends of the arms having the upper and lower end fasteners in Annotated Fig. 2, said ends are open as they are not bound by anything), said opposing end of the lower elastic gripping arm having a lower end fastener (see Annotated Fig. 2), said opposing end of the upper elastic gripping arm having an upper end fastener (see Annotated Fig. 2), and wherein a rigid-flexible member (spring 28) is joined at one end to the coupling (see Fig. 5).
VDM does not explicitly disclose of wherein the lower elastic gripping arm has a lower gripping protrusion, the upper elastic gripping arm has an upper gripping protrusion, said lower and upper gripping protrusions do not join or touch each other, and wherein a spike connection is formed at an end of an elongated spike neck, the spike neck formed by the rigid-flexible member, the rigid-flexible member allowing for bending of the elongated spike neck.
Hausladen (Fig. 1-4) teaches of a holder device (1) having a pair of arms (3, 6), wherein the arms form a semi-ovular shape (see Fig. 1-2), and each arm has a gripping protrusion (7) located along a length of the arm, the protrusion projecting towards an inner part of the semi-ovular shape (see Fig. 2), wherein each protrusion is provided to assist in retaining an object that is positioned between the pair of arms (see Col. 2 lines 46-55, see claim 21).
It would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify VDM with the teachings of Hausladen, to have each arm comprise a gripping protrusion, wherein the lower elastic gripping arm has a lower gripping protrusion located along a length of the lower elastic gripping arm and the upper elastic gripping arm has an upper elastic gripping protrusion located along the upper elastic gripping arm, said protrusions projecting towards an inner part of the oval, said protrusions do not touch each other, wherein each protrusion is provided to assist in retaining an object that is positioned between the arms.
Frank (Fig. 1-7) teaches of a holder device (14) comprising a pair of arms (22), wherein ends of the arms are joined to a support section (34), and wherein a spike connection (26) is formed at an end of a spike neck (24) that is opposite to the support, the spike connection being formed by a circular truncated pyramid (32, see Fig. 2-3) that is divided into multiple parts (30) that form a half spike divided by a spike slot (28), wherein the spike connection allows for the holder device to be fitted and retained within a hole (12) of a mounting surface (10), and the spike connection locks the holder device securely in place (see Col. 1 line 58 – Col. 2 line 8).
Being that VDM discloses that their holder device is configured to be secured to a mounting surface (40 of VDM) via a foot and screw (26, 42, see pg. 4-5 of VDM), it would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify VDM with the teachings of Frank, such that the securement device of the holder device of VDM to a mounting surface is a spike connection formed at the end of a spike neck, the spike neck being a part of the rigid-flexible member, wherein the spike connection is formed by a circular truncated pyramid that is divided into multiple parts that form a half spike divided by a spike slot, thus allowing for the holder device to be secured and retained in place when it is to be secured to a mounting surface having a mounting hole. In doing such, being that the rigid-flexible member is made of a spring, it will allow for bending of the elongated spike neck.
Regarding claim 12, the combination of VDM, Hausladen, and Frank further teach wherein one end of said rigid-flexible member (28 of VDM) is inserted into the coupling (rigid-flexible member 28 is integral with, i.e. inserted into the coupling 20 of VDM), wherein an opposing end of said rigid-flexible member is joined to a circular support (opposing end is joined to circular support 24, see Fig. 5 of VDM).
Regarding claim 13, the combination of VDM, Hausladen, and Frank further teach wherein one end of said rigid-flexible member (28 of VDM) is inserted into the coupling (rigid-flexible member 28 is integral with, i.e. inserted into the coupling 20 of VDM), wherein an opposing end of said rigid-flexible member is joined to a circular support (opposing end is joined to circular support 24, see Fig. 5 of VDM), thereby allowing the rigid-flexible member to be manipulated to a desired angular position (being that the rigid-flexible member is a spring, it can be bent, i.e. manipulated to a desired angular position).
Regarding claim 14, the combination of VDM, Hausladen, and Frank further teach wherein the rigid-flexible member is made of a malleable material (being that rigid-flexible member 28 of VDM is a spring, see pg. 4 of VDM, it is thereby a malleable material).
Regarding claim 15, VDM (Fig. 1-8) discloses a holder device (10) for insect attractants that folds form a first gripping position to a second gripping position of bait (the holder device is capable of being used for bait and insect attractants; the first gripping position is seen in Fig. 1, where the holder device does not hold an object, the second gripping position is when 16, 18 of the holder device are moved so that the holder device receives an object, see Abstract), which is comprised of: a lower elastic gripping arm (12, see Annotated Fig. 1) and an upper elastic gripping arm (14, see Annotated Fig. 1), said arms forming an oval (see Annotated Fig. 2), where one end of each arm joins a circular support (the ends of each arm are joined together and are joined to circular support 24, see the circular cross-section of support 24 within the figures), and an opposing end of each arm is open (see the ends of the arms having the upper and lower end fasteners in Annotated Fig. 2, said ends are open as they are not bound by anything), said opposing end of the lower elastic gripping arm having a lower end fastener (see Annotated Fig. 2), said opposing end of the upper elastic gripping arm having an upper end fastener (see Annotated Fig. 2), and wherein a rigid-flexible member (spring 28) is joined at one end to the circular support (see Fig. 5).
VDM does not explicitly disclose wherein the lower elastic gripping arm has a lower gripping protrusion, the upper elastic gripping arm has an upper gripping protrusion, said lower and upper gripping protrusions do not join or touch each other, and wherein a spike connection is formed at an end of an elongated spike neck, the spike neck formed by the rigid-flexible member, the rigid-flexible member allowing for bending of the elongated spike neck, the spike connection having a spike slot forming a channel within the spike connection that extends to a tip of the spike connection, the spike slot configured to receive a fastening means.
Hausladen (Fig. 1-4) teaches of a holder device (1) having a pair of arms (3, 6), wherein the arms form a semi-ovular shape (see Fig. 1-2), and each arm has a gripping protrusion (7) located along a length of the arm, the protrusion projecting towards an inner part of the semi-ovular shape (see Fig. 2), wherein each protrusion is provided to assist in retaining an object that is positioned between the pair of arms (see Col. 2 lines 46-55, see claim 21).
It would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify VDM with the teachings of Hausladen, to have each arm comprise a gripping protrusion, wherein the lower elastic gripping arm has a lower gripping protrusion located along a length of the lower elastic gripping arm and the upper elastic gripping arm has an upper elastic gripping protrusion located along the upper elastic gripping arm, said protrusions projecting towards an inner part of the oval, said protrusions do not touch each other, wherein each protrusion is provided to assist in retaining an object that is positioned between the arms.
Frank (Fig. 1-7) teaches of a holder device (14) comprising a pair of arms (22), wherein ends of the arms are joined to a support section (34), and wherein a spike connection (26) is formed at an end of a spike neck (24) that is opposite to the support, the spike connection being formed by a circular truncated pyramid (32, see Fig. 2-3) that is divided into multiple parts (30) that form a half spike divided by a spike slot (28), the spike slot forming a channel within the spike connection that extends to a tip of the spike connection (see Fig. 2), wherein a clip step is formed in the spike slot (see Annotated Fig. 3 below), wherein the spike connection allows for the holder device to be fitted and retained within a hole (12) of a mounting surface (10), and the spike connection locks the holder device securely in place (see Col. 1 line 58 – Col. 2 line 8).
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Annotated Figure 3
Being that VDM discloses that their holder device is configured to be secured to a mounting surface (40 of VDM) via a foot and screw (26, 42, see pg. 4-5 of VDM), it would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify VDM with the teachings of Frank, such that the securement device of the holder device of VDM to a mounting surface is a spike connection formed at the end of a spike neck, the spike neck being a part of the rigid-flexible member, wherein the spike connection is formed by a circular truncated pyramid that is divided into multiple parts that form a half spike divided by a spike slot, the spike, slot forming a channel within the spike connection that extends to a tip of the spike connection, wherein a clip step is formed in the spike slot, thus allowing for the holder device to be secured and retained in place when it is to be secured to a mounting surface having a mounting hole. In doing such, being that the rigid-flexible member is made of a spring, it will allow for bending of the elongated spike neck. Further, the spike slot would thereby be capable of receiving a fastening means, for example, an adhesive.
Regarding claim 16, the combination of VDM, Hausladen, and Frank further teach wherein the spike slot allows for flexibility within the spike connection so as to receive the fastening means (spike slot taught in claim 15 is capable of providing flexibility to the spike connection to receive the fastening means).
Regarding claim 17, VDM (Fig. 1-8) discloses a holder device (10) for insect attractants that folds form a first gripping position to a second gripping position of bait (the holder device is capable of being used for bait and insect attractants; the first gripping position is seen in Fig. 1, where the holder device does not hold an object, the second gripping position is when 16, 18 of the holder device are moved so that the holder device receives an object, see Abstract), which is comprised of: a lower elastic gripping arm (12, see Annotated Fig. 1) and an upper elastic gripping arm (14, see Annotated Fig. 1), said arms forming an oval (see Annotated Fig. 2), where one end of each arm joins a circular support (the ends of each arm are joined together and are joined to circular support 24, see the circular cross-section of support 24 within the figures), and an opposing end of each arm is open (see the ends of the arms having the upper and lower end fasteners in Annotated Fig. 2, said ends are open as they are not bound by anything), said opposing end of the lower elastic gripping arm having a lower end fastener (see Annotated Fig. 2), said opposing end of the upper elastic gripping arm having an upper end fastener (see Annotated Fig. 2).
VDM does not explicitly disclose wherein the lower elastic gripping arm has a lower gripping protrusion, the upper elastic gripping arm has an upper gripping protrusion, said lower and upper gripping protrusions do not join or touch each other, and wherein a spike connection is formed at an end of an elongated spike neck opposite to the circular support, the spike connection having a spike slot forming a channel within the spike connection that extends to a tip of the spike connection, the spike slot configured to receive a fastener.
Hausladen (Fig. 1-4) teaches of a holder device (1) having a pair of arms (3, 6), wherein the arms form a semi-ovular shape (see Fig. 1-2), and each arm has a gripping protrusion (7) located along a length of the arm, the protrusion projecting towards an inner part of the semi-ovular shape (see Fig. 2), wherein each protrusion is provided to assist in retaining an object that is positioned between the pair of arms (see Col. 2 lines 46-55, see claim 21).
It would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify VDM with the teachings of Hausladen, to have each arm comprise a gripping protrusion, wherein the lower elastic gripping arm has a lower gripping protrusion located along a length of the lower elastic gripping arm and the upper elastic gripping arm has an upper elastic gripping protrusion located along the upper elastic gripping arm, said protrusions projecting towards an inner part of the oval, said protrusions do not touch each other, wherein each protrusion is provided to assist in retaining an object that is positioned between the arms.
Frank (Fig. 1-7) teaches of a holder device (14) comprising a pair of arms (22), wherein ends of the arms are joined to a support section (34), and wherein a spike connection (26) is formed at an end of a spike neck (24) that is opposite to the support, the spike connection being formed by a circular truncated pyramid (32, see Fig. 2-3) that is divided into multiple parts (30) that form a half spike divided by a spike slot (28), the spike slot forming a channel within the spike connection that extends to a tip of the spike connection (see Fig. 2), wherein the spike connection allows for the holder device to be fitted and retained within a hole (12) of a mounting surface (10), and the spike connection locks the holder device securely in place (see Col. 1 line 58 – Col. 2 line 8).
Being that VDM discloses that their holder device is configured to be secured to a mounting surface (40 of VDM) via a foot and screw (26, 42, see pg. 4-5 of VDM), it would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify VDM with the teachings of Frank, such that the securement device of the holder device of VDM to a mounting surface is a spike connection formed at the end of a spike neck that is opposite the circular support, wherein the spike connection is formed by a circular truncated pyramid that is divided into multiple parts that form a half spike divided by a spike slot, the spike, slot forming a channel within the spike connection that extends to a tip of the spike connection, thus allowing for the holder device to be secured and retained in place when it is to be secured to a mounting surface having a mounting hole. In doing such, the spike slot would thereby be capable of receiving a fastening means, for example, an adhesive.
Regarding claim 18, the combination of VDM, Hausladen, and Frank further teach wherein a clip step is formed in the spike slot (as taught in claim 15).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over VDM in view of Hanslauden, and Yuda (US 4,023,758).
Regarding claim 19, VDM (Fig. 1-8) discloses a holder device (10) for insect attractants that folds form a first gripping position to a second gripping position of bait (the holder device is capable of being used for bait and insect attractants; the first gripping position is seen in Fig. 1, where the holder device does not hold an object, the second gripping position is when 16, 18 of the holder device are moved so that the holder device receives an object, see Abstract), which is comprised of: a lower elastic gripping arm (12, see Annotated Fig. 1) and an upper elastic gripping arm (14, see Annotated Fig. 1), said arms forming an oval (see Annotated Fig. 2), where one end of each arm joins a circular support (the ends of each arm are joined together and are joined to circular support 24, see the circular cross-section of support 24 within the figures), and an opposing end of each arm is open (see the ends of the arms having the upper and lower end fasteners in Annotated Fig. 2, said ends are open as they are not bound by anything), said opposing end of the lower elastic gripping arm having a lower end fastener (see Annotated Fig. 2), said opposing end of the upper elastic gripping arm having an upper end fastener (see Annotated Fig. 2).
VDM does not explicitly disclose wherein the lower elastic gripping arm has a lower gripping protrusion, the upper elastic gripping arm has an upper gripping protrusion, said lower and upper gripping protrusions do not join or touch each other, and wherein a spike connection is formed at an end of an elongated spike neck opposite to the circular support, wherein a closed slot is formed within the spike connection, the closed slot configured to receive a rigid or flexible hook or other fastening means.
Hausladen (Fig. 1-4) teaches of a holder device (1) having a pair of arms (3, 6), wherein the arms form a semi-ovular shape (see Fig. 1-2), and each arm has a gripping protrusion (7) located along a length of the arm, the protrusion projecting towards an inner part of the semi-ovular shape (see Fig. 2), wherein each protrusion is provided to assist in retaining an object that is positioned between the pair of arms (see Col. 2 lines 46-55, see claim 21).
It would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify VDM with the teachings of Hausladen, to have each arm comprise a gripping protrusion, wherein the lower elastic gripping arm has a lower gripping protrusion located along a length of the lower elastic gripping arm and the upper elastic gripping arm has an upper elastic gripping protrusion located along the upper elastic gripping arm, said protrusions projecting towards an inner part of the oval, said protrusions do not touch each other, wherein each protrusion is provided to assist in retaining an object that is positioned between the arms.
Yuda (Fig. 1-4) teaches of a holder device (1) comprising a pair of arms (1b, 1b’), where the ends of the arms are joined to support region (8), and wherein a spike connection (4) is formed at an end of a spike neck (3) that is opposite to the support, the spike connection comprising a closed slot (see Annotated Fig. 4 below), and wherein the spike connection allows for the holder device to be fitted and retained within a hole of a mounting surface, thereby positively fixing the holder device in place (see Col. 2 lines 52-55).
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Greyscale
Annotated Figure 2
Being that VDM discloses that their holder device is configured to be secured to a mounting surface (40 of VDM) via a foot and screw (26, 42, see pg. 4-5 of VDM), it would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify VDM with the teachings of Frank, such that the securement device of the holder device of VDM to a mounting surface is a spike connection formed at the end of a spike neck that is opposite the circular support, wherein a closed slot is formed within the spike connection, as in doing so, the spike connection allows for the holder device to be fitted and retained in place when it is to be secured to a mounting surface having a mounting hole by positively fixing the holder device in place. In doing such, the closed slot would be capable of receiving a rigid or flexible hook or other fastening means.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
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/KEVIN J BAYNES/Examiner, Art Unit 3678