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
Applicant’s election without traverse of Species D (FIGS. 8A-8D) in the reply filed on 10/15/2025 is acknowledged.
Claims 5,6,8-14,19,21,22,27-28 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group or/and species, there being no allowable generic or linking claim.
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) 1,7,15,16,18,23-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rahn (US 1116923 A).
Regarding claim 1:
Rahn discloses:
PNG
media_image1.png
214
339
media_image1.png
Greyscale
A bee feeder apparatus, the bee feeder comprising: (figs 8+9+10, pg 1 ln9)
a vessel, (23, figs 8+9+10)
the vessel to contain liquid bee feed; (pg 2 ln 62-65)
a lid removably coupled to the vessel, (24, figs 8+9) the lid to seal the liquid bee feed within the vessel, the lid including: (pg 2 ln 64-65)
a recess (see annotation above)
having a sidewall, (see annotation above)
the recess extending into the vessel when the lid is coupled to the vessel; (fig 8)
and a fluid channel connecting a first side of the sidewall to a second side of the sidewall, (the lid/valve seat 24 has openings as shown in fig 10 that corresponds to openings 26 in the bottle and in the “open position” where the holes are aligned that would therefore allow fluid to flow through each corresponding holes there is a fluid channel that connects the first and second sides of the sidewall as shown in fig 8 (note fluid passage within pan 16 near element 16 which has a “fluid channel” connecting the openings 26 and openings in valve 24 on each right and left hand sides.)
the second side opposite the first side, the fluid channel to fluidly couple the vessel and the recess; (fig 8+9+10)
and a plug movably coupled to the lid and disposed within the recess, (25, pg 2 ln 66-71)
the plug movable between a first position (closed position)
and a second position, (open position)
the plug to impede the liquid bee feed from flowing through the fluid channel in the first position, the plug including: (pg 2 ln 66-86)
a first surface (interior side of 25 proximate to 26)
including a feeding port; (interior side of 26)
a second surface extending from the first surface towards the recess, (exterior side of 25 proximate to 26)
the first surface and second surface at least partially defining a feed cavity; (interior of 25 defines feed cavity)
and an opening on the second surface, (exterior of 26)
the opening to align with the fluid channel when the plug is in the second position to allow the liquid bee feed to flow through the fluid channel into the feed cavity and through the feeding port for consumption by bees. (25+26+24, figs 8+9+10 are all fluidly connected to allow for feed flow, pg 2 ln 66-86)
Regarding claim 7:
Rahn further discloses:
wherein the first surface of the plug is textured to provide a gripping surface for the bees. (25+26 are textured surfaces that allow for bees to grip the surfaces)
Regarding claim 15:
Rahn discloses:
An apparatus for feeding bees comprising: (figs 8+9+10, pg 1 ln9)
a lid (24, fig 8+9)
having a first surface (left sidewall)
and a second surface opposite the first surface, (right sidewall)
the second surface to seal a vessel (23)
configured to hold a fluid; (fig 8 see fluid therein)
a recess in the lid, (interior of 24)
the recess having a fluid channel (the lid/valve seat 24 has openings as shown in fig 10 that corresponds to openings 26 in the bottle and in the “open position” where the holes are aligned that would therefore allow fluid to flow through each corresponding holes there is a fluid channel that connects the first and second sides of the sidewall as shown in fig 8 (note fluid passage within pan 16 near element 16 which has a “fluid channel” connecting the openings 26 and openings in valve 24 on each right and left hand sides)
connecting the first surface and the second surface; (connecting left and right sidewalls)
and a plug disposed in the recess, (25, fig 8+9)
the plug movable from a closed position to an open position, the plug to inhibit fluid flow through the fluid channel while the plug is in the closed position, the plug including: (pg 2 ln 66-86)
an opening to fluidly couple the plug with the fluid channel while the plug is in the open position;(26)
a grip disposed on a surface of the plug, (27, fig 9)
the grip to accept a user input to move the plug between the open and the closed position; (pg 2 ln 66-74)
and passages on the surface of the plug, the passages to allow bees to feed on the fluid. (26, fig 8+9, pg 2 ln 66-86)
Regarding claim 16:
Rahn further discloses:
wherein the fluid channel is a plurality of fluid channels (see two channels of 24)
and the opening is a plurality of openings. (see two openings of 26)
Regarding claim 18:
Rahn further discloses:
wherein the surface of the plug is textured to provide a gripping surface for bees. (see textured surfaces of 25 that bees can grip)
Regarding claim 23:
Rahn discloses:
An apparatus for feeding bees comprising: (figs 8+9+10, pg 1 ln9)
a lid (24, fig 8+9)
having a first surface (left sidewall)
and a second surface opposite the first surface, (right sidewall)
the second surface to seal a vessel (23)
configured to hold fluid; (fig 8 see fluid therein)
a fluid channel connecting the first surface and the second surface; (the lid/valve seat 24 has openings as shown in fig 10 that corresponds to openings 26 in the bottle and in the “open position” where the holes are aligned that would therefore allow fluid to flow through each corresponding holes there is a fluid channel that connects the first and second sides of the sidewall as shown in fig 8 (note fluid passage within pan 16 near element 16 which has a “fluid channel” connecting the openings 26 and openings in valve 24 on each right and left hand sides)
and a cover movably coupled to the lid, (25, fig 8+9)
the cover having an opening, (26)
the cover movable between a first position and a second position, the cover to inhibit fluid flow through the fluid channel while the cover is in the first position, the opening to allow the fluid to flow through the fluid channel while the cover is in the second position. (pg 2 ln 66-86)
Regarding claim 24:
Rahn further discloses:
Wherein the lid further includes a recess (interior of 24)
And the cover is disposed within the recess (25 is disposed within interior of 24)
Regarding claim 25:
Rahn further discloses:
wherein the fluid channel is disposed on a sidewall of the recess, (fluid channel disposed on sidewalls of recess of 24)
the opening is disposed on a sidewall of the cover, (26)
the opening to fluidly connect the fluid channel to a first side of the cover, (26 fluidly connects fluid channel to first side of cover 25)
the cover further having passages to allow fluid to travel through the cover for consumption by bees. (pg 2 ln 66-86)
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) 2,3,17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rahn.
Re-claim 2:
Rahn discloses claim 1 but doesn’t disclose:
wherein the feeding port is a cylindrical hole having a diameter of between 0.5 and 4 millimeters.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the feeding port of Rahn such that it comprises a cylindrical hole shape and a diameter size between 0.5 and 4 millimeters as claimed to provide for efficient liquid feed flow without waste or risk of drowning of the bees. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Re-claim 3:
Rahn discloses claim 1 and further discloses:
wherein the feeding port is one of a plurality of feeding ports on the first surface, (see feeding ports 26)
Rahn doesn’t explicitly disclose:
spacing between adjacent ones of the plurality of feeding ports to be at least 5 millimeters.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the feeding port of Rahn such that it comprises spacing between adjacent ones of the plurality of feeding ports to be at least 5 millimeters as claimed to provide for efficient liquid feed flow without waste or risk of drowning of the bees. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Re-claim 17:
Rahn discloses claim 15 but doesn’t disclose:
wherein the passages are cylindrical in shape between 0.5 and 4 millimeters in diameter, adjacent ones of the passages are spaced apart at least 5 millimeters to allow for bees to feed without wetting the bees.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the passages of Rahn such that it comprises a cylindrical shape, a diameter size between 0.5 and 4 millimeters, and spacing between passages to be at least 5 millimeters as claimed to provide for efficient liquid feed flow without waste or risk of drowning of the bees. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Allowable Subject Matter
Claims 4,20,26 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The cited prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHADA M ALGHAILANI whose telephone number is (571)272-8058. The examiner can normally be reached M-F (7:30am - 4:30pm EST).
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, Peter Poon can be reached on 571-272-6891. 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.
/SHADA MOHAMED ALGHAILANI/ Examiner, Art Unit 3643
/PETER M POON/Supervisory Patent Examiner, Art Unit 3643