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Claims 13-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Group, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 09/24/2025.
Applicant's election with traverse of Group I in the reply filed on 09/24/2025 is acknowledged. The traversal is on the ground(s) that “Claim 1 recites…The Requirement alleges that the claims lack unity in view of a combination of Laughlin…Gyldenkilde et al….and Blair…the base 10 of Laughlin has a bottom…Gydenkilde and Blair do not overcome the deficiencies of Laughlin. Therefore claim 1 has a special technical feature and each claim dependent from claim 1 has unity of invention with claim 1. Claim 13 recites ‘the base is without a bottom wall.’”. This is not found persuasive because the amendments to the claims reciting “without a bottom wall” is a feature taught by Laughlin since there is only a horizontal bottom flange 14, but Laughlin does not disclose any bottom wall as claimed by applicants. Therefore, the fact remains that the technical feature as stated by the Examiner in the Restriction Requirement mailed on 08/14/2025 does not represent a special technical feature as it does not make a contribution over the prior art.
The requirement is still deemed proper and is therefore made FINAL.
Drawings
The drawings were received on 04/13/2026. These drawings are approved by the Examiner.
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, 9, 11, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Laughlin 3,488,879 in view of WO 2020/057709 to Gyldenkilde et al. and Galloway 2021/0015090.
In regard to claim 1, Laughlin discloses a rodent trap (10) comprising an internal device (inner wall 30 & bottom panel 32 form receptacle 36) for rodent baiting and/or elimination, a base (12,14) for a street furniture (52), which is integrated with the internal device (12,14 is removable from 36 via screws 46; see Fig. 2), and means for reversible attachment (outer rim or flange 16 & inner rim or flange 28 & lid/disc 44 upon which the bottom 54 of 52 rests in Fig. 2) of the trap (10) to the street furniture (52), wherein the internal device (10) comprises a support (32) and one or more lateral walls (30) delimiting an interior space (interior space of 36) and forming one (42) or more accesses, the base (12,14), without a bottom wall (the base only has the vertical outer wall 12 & the horizontal bottom flange 14 at the outer lower perimeter thereof), comprises a body comprising one or more lateral walls (12), forming a lower opening (opening defined within horizontal bottom flange 14 that is at the ground surface 48; see Fig. 2) and delimiting an internal space (40) for receiving (via 46) the internal device (36), and the wall or walls (12) of the base comprise one or more entrance openings (38), arranged in an offset manner (the offsetting of the entrance openings 38 with respect to the access opening 42 causes a segment of the wall 30 to act as a baffle which prevents children and domestic animals from reaching the food in the receptacle 36; see col. 3, lines 7-15) relative to the access or accesses (42) to the interior space (interior space of 36) to form a zig-zag path (see paths from each of 38 to 42 in Fig. 1) from the outside of the internal space (40) of the base to the inside of the interior space (interior space of 36) of the removable internal device (36), but does not disclose a removable internal device, the base which is separate from the removable internal device, or the base comprising one or more lateral walls delimiting an internal space of the base for removably receiving the removable internal device. Gyldenkilde et al. disclose a removable internal device (bait chamber 210) for rodent baiting and/or elimination, a base (220) which is separate from the removable internal device (see Fig. 1B), wherein the base (220) comprises a body comprising one or more lateral walls (sidewall of 220 in Figs. 1A-B) delimiting an internal space (230) of the base for removably receiving the removable internal device (see Fig. 1B), wherein the removable internal device allows a technician to remove the bait station, clean it, and/or remove a dead pest (see page 14, lines 11-25). 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 internal device of Laughlin such that it is a removable internal device and to modify the base such that it is removable from the removable internal device and to modify the one or more lateral walls of the base such that the one or more lateral walls of the base delimit an internal space for removably receiving the removable internal device of Laughlin in view of Gyldenkilde et al. in order to provide a mechanism to the user by which the internal device can be removed from the base to allow the user to clean the internal device and/or remove a dead pest or add more bait. Laughlin also does not disclose the one or more lateral wall or walls of the base comprising one or more arched entrance openings with an opening that meets a surface on which the rodent trap is placed. Galloway discloses a rodent trap (20; see Figs. 1-2 OR Figs.) comprising a removable internal device (40,42,52,60) for rodent baiting (40,42 carry bait) and/or elimination (trap 1 with base 2 & U-shaped striker 3), a base (26), which is separate from the internal device (see Fig. 3), the base (26) comprises a body (26) comprising one or more lateral walls (vertical sidewalls of 26), delimiting a space for receiving the removable internal device (40,42,52,60), and the one or more lateral wall or walls (vertical sidewalls of 26) of the base comprise one or more arched entrance openings (at least two entry points 24 shown in Fig. 2) with an opening (opening of 24 in Fig. 2) that meets a surface (the bottom horizontally extending edge of the entry point 24 in Figs. 1-2 meets the floor or support surface upon which the bottom wall of housing 22 is placed since the horizontally extending edge meets the support surface when the bait station 20 is set upon the floor or support surface) on which the rodent trap is placed (bottom wall of housing 22 is placed upon the floor or support surface when the bait station 20 is deployed). 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 one or more entrance openings of Laughlin such that they comprise one or more arched entrance openings with an opening that meets a surface on which the rodent trap is placed in view of Galloway in order to provide access openings which are at the support surface/ground level and thus do not require the rodents to climb from the support surface/ground level in order to gain access into the rodent trap so as to properly allow unimpeded access to the interior spaces of the base and removable internal device respectively versus the enclosed, elevated circular access openings (38) of Laughlin which may limit access to the interior spaces of the base and the removable internal device due to the lower perimeter of the access openings of Laughlin causing the rodents to have to step thereover before entering into the base which presents an impediment to entrance therein.
In regard to claim 4, Laughlin, Gyldenkilde et al., and Galloway disclose wherein the removable internal device (36 of Laughlin; 210 of Gyldenkilde et al.) comprises means (bait chamber 210 is removable from receiving part 230 and this is provided through a drawer-like function of Gyldenkilde et al.; see Figs. 1A-B) for attaching the removable internal device to the base (12,14 of Laughlin; 220 of Gyldenkilde et al.) for reversible attachment (see Figs. 1A-B of Gyldenkilde et al.).
In regard to claim 5, Laughlin, Gyldenkilde et al., and Galloway disclose wherein the base (12,14 of Laughlin) comprises one (there is one more entrance opening 38 than the single access 42 of Laughlin; see Fig. 1 of Laughlin) or two more arched entrances (24 of Galloway) than the access (42 of Laughlin) or accesses of the removable internal device (36 of Laughlin; 210 of Gyldenkilde et al.; 40,42,52,60 of Galloway).
In regard to claim 6, Laughlin, Gyldenkilde et al., and Galloway disclose wherein the base (12,14 of Laughlin; 220 of Gyldenkilde et al.; 26 of Galloway) further comprises a main opening (opening defined by the gap between opposing ends of 220 of in Fig. 1B of Gyldenkilde et al.), configured to allow the removable internal device (210 of Gyldenkilde et al.) to be positioned within the internal space (230 of Gyldenkilde et al.) of the base, the main opening being able to be closed, and in operation closed, by a movable and/or removable partition (221 of Gyldenkilde et al.).
In regard to claim 7, Laughlin, Gyldenkilde et al., and Galloway disclose means for baiting (36 of Laughlin for poisoned food or bait; 210 of Gyldenkilde et al. for poisoned or laced food; 40,42 of Galloway) and/or eliminating rodents.
In regard to claim 9, Laughlin discloses anchoring means (long rod or spike 50) for reversible attachment (the head of the long rod or spike 50 allows a user to pry the rod or spike upwardly to remove 50 from ground surface 48) of the trap (10) to a surface (ground surface 48) on which the trap is placed (see Fig. 2).
In regard to claim 11, Laughlin, Gyldenkilde et al., and Galloway disclose wherein the means for reversible attachment (outer rim or flange 16 & inner rim or flange 28 & lid/disc 44 upon which the bottom 54 of 52 rests in Fig. 2 of Laughlin) of the trap (10 of Laughlin; 200 of Gyldenkilde et al.) to a street furniture (52 of Laughlin; 1 of Gyldenkilde et al.; 31 of Blair) comprises an intermediate fixing plate (44 of Laughlin) interposed between the body of the base (at 18,20,22 of Laughlin) and the street furniture (54 of 52 of Laughlin in Fig. 2), the plate (44 of Laughlin) being configured to cooperate and in operation cooperating with attachment means (screws 46 of Laughlin).
In regard to claim 17, Laughlin discloses wherein the attachment means is a screw (46 of Laughlin) or rivet.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Laughlin 3,488,879 in view of WO 2020/057709 to Gyldenkilde et al. and Galloway 2021/0015090 as applied to claim 1 above, and further in view of Frisch et al. 2017/0156308 or Brandli 4,894,947.
In regard to claim 2, Laughlin, Gyldenkilde et al., and Galloway do not disclose wherein the removable internal device comprises two accesses forming, relative to each other, a chicane. Frisch et al. and Brandli disclose a device for baiting and/or elimination (trap 14 OR feeding station with base portion 10), wherein the device comprises two accesses (36,38; chicane defined by the path that the rodents must take from 36,38 to reach 14 located withing the space defined between guide walls 64-65 in Fig. 1 OR see opposed openings 16 in Fig. 5 wherein chicane can be defined by paths from one opening 16 to the other connected opposed opening 16 along each path that intersects with bait 26) forming, relative to each other, a chicane (see Fig. 1 OR see Fig. 5; in the embodiments of Figs. 5 to 8, the openings 16 are bounded by inner curved walls 38 directly to poison 26 by a curved path, thus the walls 38 serve both as guide walls and baffle means and insects will be guided along walls 38 to poison 26, but a probe thrust into opening 16 could not reach poison 26 and the device is thus safe from children---see col. 3, lines 56-62). 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 removable internal device access of Laughlin, Gyldenkilde et al., and Galloway such that it comprises two accesses forming, relative to each other, a chicane in view of Frisch et al. in order to provide a circuitous/tortuous path to the rodent baiting and/or elimination mechanism in order to cause the rodents to move deeply into the interior space of the removable internal device so that their bodies are fully contained therein such that after dying or being caught the rodents aren’t able to easily come out of the removable internal device or to prevent tampering with the rodent bait and/or elimination mechanism by curious individuals or children.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Laughlin 3,488,879 in view of WO 2020/057709 to Gyldenkilde et al. and Galloway 2021/0015090 as applied to claim 1 above, and further in view of Nelson 7,980,023.
In regard to claim 3, Laughlin, Gyldenkilde et al., and Galloway do not disclose wherein the support of the removable internal device comprises a beveled edge at the level of each access to the interior space of the removable internal device. Nelson discloses a base (101), a removable internal device (170) comprising a support (171) and one or more lateral walls (173,175) delimiting an interior space (see Fig. 16) and forming one or more accesses (generally open areas at front 172), wherein the support (171) of the removable internal device (170) comprises a beveled edge (176; front portion 176 extends outward and downward from a front 172 of base 171 and may include an optional textured surface 176a to assist the pests in climbing into the cavity 178) at the level of each access to the interior space of the removable internal device (see Fig. 16). 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 support of the removable internal device of Laughlin and Galloway such that it comprises a beveled edge at the level of each access to the interior space of the removable internal device in view of Nelson in order to provide a means for facilitating the entry of the rodents to and through the accesses so that the rodents may enter into the removable internal device without expending much effort and thus the access or accesses do not present an obstacle to the entry of the incoming rodents.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Laughlin 3,488,879 in view of WO 2020/057709 to Gyldenkilde et al. and Galloway 2021/0015090 as applied to claim 1 above, and further in view of KR 10-0863112 to Chyun.
In regard to claim 8, Laughlin, Gyldenkilde et al., and Galloway disclose means preventing rodents from exiting the interior space of the removable internal device, once the rodents have entered the interior space. Chyun discloses a device (90 in Fig. 3) for rodent baiting and/or elimination (food 103 provided with pesticide to kill when rate ingests pesticide) which comprises a support (bottom floor of 90 in Fig. 3) and one or more lateral walls (vertical sidewalls of 90 in Fig. 3) delimiting an interior space (see Fig. 3) and forming one or more accesses (104), and further comprising means (door part 105) preventing rodents from exiting the interior space of the device (90), once the rodents have been entered the interior space (door part 105 is provided to enable opening and closing of doorway 104, and is provided to enable the opening and closing control by the rat trap control unit 190; sensor 110 includes camera 111 that collects vision information through the camera and analyzes the vision information to produce vision analysis information; the camera photographs the sticky 11 in Fig. 3 or capture adhesive surface 19 in Fig. 3 and accordingly the vision analysis information includes the capture amount information and the threshold information for determining the number of mice to be captured and the vision information sensed by the camera 111 may be processed and transformed into text information and included as the first information and the rat trap control unit 190 generates a door closing control signal according to a second information). 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 removable internal device of Laughlin, Gyldenkilde et al., and Galloway such that it comprises means preventing rodents from exiting the interior space of the removable internal device, once the rodents have entered the interior space in view of Chyun in order to provide a mechanism for preventing the potential escape of captured rodents which have entered the removable internal device after a predetermined threshold of rodents has entered the removable interior device.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Laughlin 3,488,879 in view of WO 2020/057709 to Gyldenkilde et al. and Galloway 2021/0015090 as applied to claim 9 above, and further in view of Walsh et al. 8,578,649.
In regard to claim 10, Laughlin, Gyldenkilde et al., and Galloway disclose wherein the anchoring means (anchor hole 34 receiving rod or spike 50 of Laughlin) comprise one or more fixing feet (34 of Laughlin) provided at the internal device (36), which extend substantially horizontally within the lower end of the wall or walls of the base (12,14 of Laughlin) within the internal space (40 of Laughlin), but do not disclose wherein the anchoring means comprise one or more fixing feet provided at the base, which extend substantially horizontally from the lower end of the wall or walls of the base toward the internal space. Walsh et al. disclose a removable internal device (20) for rodent baiting (21) and/or elimination (mechanical rodent traps may be used); a base (46) comprising anchoring means (40,96,98,100) for reversible attachment (holes 98,100 receive ground anchor 44 & screws 40 respectively) of the trap to a surface (support surface 38 such as ground or floor) on which the trap is placed, wherein the anchoring means comprise one or more fixing feet (see various portions of floor 96 which extend in various directions to form feet receiving fasteners 40,44 at 98,100 therethrough) provided at the base (46), which extend substantially horizontally from the lower end of the wall (47) or walls of the base (46) toward the internal space (internal space of 46 in Figs. 1-2). 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 anchoring means of Laughlin, Gyldenkilde et al., and Galloway such that the anchoring means comprise one or more fixing feet provided at the base, which extend substantially horizontally from the lower end of the wall or walls of the base toward the internal space in view of Walsh et al. in order to provide a plurality of locations on the base at which fasteners may be used to removably secure the base to the support surface so as to more securely anchor the base at the desired deployment location and thus prevent the base from being displaced therefrom.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Laughlin 3,488,879 in view of WO 2020/057709 to Gyldenkilde et al. and Galloway 2021/0015090 as applied to claim 1 above, and further in view of WO 2007/068971 to Brigham and Farrell et al. 6,445,301.
In regard to claim 12, Laughlin, Gyldenkilde et al., and Galloway do not disclose means for detecting the presence or entry and/or exit of rodents from the trap, and/or for triggering baiting and/or rodent elimination means and means for communication with a remote third party. Brigham discloses a device (10,12) for rodent baiting and/or elimination (trapping and then extermination by gas) and means for detecting the presence or entry (first and second detections means comprising pressure pads 32a-b detect entry and presence of rodents) and/or exit of rodents from the trap, and/or for triggering (control means 34 receives detection signal from 32a-b and operable to initiate a triggering and extermination process, wherein motor and gearbox 36 involves the release of the first and second closure means 22a-b from the open position to the closed position in response to a control signal from the control means 34, and a motor mounting plate 38 arranged to connect the motor and gearbox 36 with a cutter means housing 40, a gas release block 42 located at an end of the cutter means) baiting and/or rodent elimination means (gas such as carbon dioxide or monoxide is released from gas block 42 which is engaged with gas canister 44, wherein the gas is released into the chamber by way of gas outlet orifice 62). It would have been obvious to one of ordinary skill in the art to modify the rodent trap of Laughlin, Gyldenkilde et al., and Galloway such that it comprises means for detecting the presence or entry and/or exit of rodents from the trap, and/or for triggering baiting and/or rodent elimination means in view of Brigham in order to immediately kill the rodents upon the detection of their entry and presence within the interior space of the removable internal device so that the rodents do not have an opportunity to exit the removable internal device to escape therefrom without being controlled as desired by the user. Laughlin, Gyldenkilde et al., Galloway, and Brigham do not disclose means for communication with a remote third party. Farrell et al. disclose an electronic pest monitoring system which includes an electronic pest monitoring device (11) which may be used in combination with a bait box (10) and a means for communication with a remote third party (via hand-held computer unit 54; transceiver 48 may transmit pest detection information from the electronic pest monitoring device 11 over the wireless communication channel 50 to a hand-held computer unit 54 which includes a display 56 for displaying the pest detection event information received from the monitoring device 11 so that a user may analyze the information; also microprocessor 44 may include the ability to measure battery voltage and provides a warning to an operator when battery replacement is needed). 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 rodent trap of Laughlin, Gyldenkilde et al., Galloway, and Brigham such that it comprises means for communication with a remote third party in order to inform any user at a location remote from the rodent trap that there is activity at the rodent trap or that maintenance is required at the rodent trap such as replacement of the batteries due to low voltage being detected in the batteries.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-12 and 17 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.
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 DARREN W ARK whose telephone number is (571)272-6885. The examiner can normally be reached M-F 8:30-5.
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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
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