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 .
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 8-12 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.
Claim 8 recites the limitation, “the hanger disposed distal to and not intersecting the plane when in a first position, the hanger having a hanging portion positioned on the central line.” As written it is unclear how the hanging portion is positioned on the central line because as per applicant’s figs. 19 the hanging portion is only on the central line when upright, however based on the interview dated 09/15/2025 applicant indicated the position in which the hanger does not intersect the plane is the folded position, in which the hanging portion does not correspond to the central line. The office suggest amending as follows, -- the hanger disposed distal to and not intersecting the plane when in a first position, the hanger having a hanging portion positioned on the central line when in a second position.—
Claims 9-12 are rejected based on their dependency on 8.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3-16 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Gowans et al. (US 2007/0284332, cited in IDS).
For claim 1, Gowans teaches a bird feeder (container can be used to feed birds) comprising:
a body (508) forming a vessel extending from a distal edge to a proximal edge (fig. 5), the body configured to engage a reservoir (502), the reservoir configured to engage a basin assembly (507);
a moat portion (512) connected to the body and positioned within the vessel (figs. 2-5), the moat portion including a surface (512);
a first connector disposed on the surface (see figs. 2-3, post 206/306 that connects to the hanger 522);
an opening formed by the proximal edge (open top at 510), the vessel configured to receive fluid through the opening (can hold fluid), the surface configured to hold the fluid (can hold fluid); and
a hanger (522) having a hanging portion positioned at an approximate center of the vessel (close to the center when tab 522 is pulled up) and a second connector engaging the first connector (hole in 522 is a second connector engaging the post on the surface), the hanger configured to move relative to the surface between an upright position and a folded position distal to the proximal edge such that no portion of the hanger protrudes through the opening when in the folded position (see fig. 5, when folded does not protrude past 510).
For claim 3, Gowans further discloses wherein the hanger moves to the folded position by pivoting (via pivoting lever 522).
For claim 4, Gowans further discloses wherein the body includes a reservoir engaging portion configured to engage a connecting portion of the reservoir (portion of 508 that engages 505).
For claim 5, Gowans further discloses wherein the reservoir engaging portion and the connecting portion each include helical threads to engage the body and the reservoir (para 0036).
For claim 6, Gowans further discloses wherein the body is generally cylindrical in shape (see fig. 5).
For claim 7, Gowans further discloses wherein the moat portion is generally planar (see figs., at least the plane of 520, any plane is generally planar).
For claim 8, Gowans discloses a bird feeder (container can be used to feed birds) comprising:
a proximal edge extending around a central line and defining a plane (see fig. 5, top edge of 508);
an outer surface extending distally from the plane (outer sidewall of 508);
an inner surface connected to the outer surface by the proximal edge (inner sidewall surface of 508), the inner surface extending distally from the plane (see fig. 5),
a reservoir engaging portion configured to engage a reservoir (engaging 502), the reservoir configured to engage a basin assembly (507);
a moat portion (512) extending circumferentially from the central line to the inner surface the moat portion including a surface (512) configured to hold fluid (can hold fluid);
a first connector (post 206/306);
an opening formed by the proximal edge and positioned on the plane (open top at 510); and
a hanger (522) having a second connector engaging the first connector (opening in 522 engaging the post), the hanger disposed distal to and not intersecting the plane when in a first position (does not intersect when folded down), the hanger having a hanging portion positioned on the central line (as best understood tab can be pulled up to this position).
For claim 9, Gowans further discloses wherein the proximal edge extends generally circular around the central line (see fig. 5).
For claim 10, Gowans further discloses wherein the outer surface is generally smooth (see fig. 5).
For claim 11, Gowans further discloses wherein the inner surface includes one or more engaging features configured to engage a proximal end of the reservoir (threaded connection to 505).
For claim 12, Gowans further discloses wherein the inner surface extends distally from the plane to the moat portion (see fig. 5).
For claim 13, Gowans discloses a bird feeder (container can be used to feed birds) comprising:
a body (508) extending around a moat portion (512), the moat portion including a surface (512) and a first connector (post 206/306), the body configured to receive and contain fluid on the moat portion (can hold fluid), the body configured to engage a reservoir (502);
an opening (open top of 510) formed by an edge of the body and positioned on a first plane (see fig. 5), the edge configured to meet a flat surface positioned on a second plane (can meet a flat second plane); and
a hanger (522) having a hanging portion, the hanger configured to permit the first plane to substantially merge with the second plane when the edge meets the flat surface by moving the hanger relative to the surface (when folded the two surfaces can meet).
For claim 14, Gowans further discloses wherein the hanging portion is positioned relative to an approximate center of the first plane (when 522 is pulled up it will be near center).
For claim 15, Gowans further discloses wherein the hanger extends proximally from the moat portion.
For claim 16, Gowans further discloses wherein the hanger is disposed distal to and not intersecting the first plane (see fig. 5).
Allowable Subject Matter
Claims 1 and 8 would be allowable if amended to recite --a pair of first connectors—and –a pair of seconds connectors—instead of a singular “first connector” and “second connector” for the moat surface and hanger respectively.
It would not have been obvious to duplicate the connector’s of Gowans as Gowans is a standard pull tab meant to eventually be removed entirely and the duplicate connections would inhibit the purpose of such a pull tab.
Response to Arguments
Applicant’s arguments, filed 01/20/2026 with respect to claims 8-16 in view of Harwich and McMullen have been fully considered and are persuasive. The rejections have been withdrawn.
Applicant's arguments filed 01/20/2026 in view of Gowans have been fully considered but they are not persuasive.
The office notes that the claims set filed is not the same as that presented in the interview dated 09/15/2025. Furthermore upon clarification of all claims (i.e. the hanging portion not protruding or intersecting the plane in the folded position), the claims have been reconsidered in view of Gowans (as above).
Conclusion
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 MAGDALENA TOPOLSKI whose telephone number is (571)270-3568. The examiner can normally be reached M-F 9-5.
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/MAGDALENA TOPOLSKI/Primary Examiner, Art Unit 3642