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 .
Specification
The disclosure is objected to because of the following informalities:
The abstract is objected to because it recites the phrase “The invention relates to” in line 1 which is implied and should be deleted.
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.
Claim 2 is 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 2 recites the limitation, “not limited to”. It is unclear if the limitations following the phrase are required or not.
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 and 3 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Lotti (IT 201800001753, provided herein, see English translation provided herein).
For claim 1, Lotti discloses an intelligent insect trap (abstract and figs.), with a cylindrical or prismatic housing (see figs. 1-3) that has a perimeter entrance (14) allowing the access to an internal active adhesive/sticky usable surface (30), and a container (50 holding pheromones, see description) holding a semiochemical lure, one or more cameras (40) oriented toward the active usable surface (see fig. 3), and a battery (46), the upper part of the cylindrical or prismatic housing can store two or more adhesive surfaces, which are mobile along the housing, configured to be positioned consecutively in the active state (the upper part of housing 11 or 20 can store adhesive surfaces that area consecutively positioned and mobile, for instance a user can store extra adhesives in 11 and can move them down by hand along the housing, the limitation does not actually require any such adhesives or any mechanical structure that would move such an adhesive).
For claim 3, Lotti further discloses by including a communication system with a computer server (44, 42).
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 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Chyun (KR 20090032253, provided herein, see English translation provided herein).
For claim 1, Chyun teaches an intelligent insect trap (abstract and figs.), with a cylindrical or prismatic housing (see Fig. 1 or 5) that has a perimeter entrance (cockroach entrance, see figs.) allowing the access to an internal active adhesive/sticky usable surface (200), and a container (bottom 11) holding a semiochemical lure (14, see description, “the attractant 800 is at least one of the feeding attractant, water, a cockroach feces and pheromones”), one or more cameras (453) oriented toward the active usable surface (see for instance fig. 8), and a power source (must be one to power at least the camera) the upper part of the cylindrical or prismatic housing can store two or more adhesive surfaces which are mobile along the housing, configured to be positioned consecutively in the active state (see for instance fig. 8, which stores the adhesive 200, the roll having multiple surfaces (surface that is wound vs. the one in use for instance) mobile along the housing as per fig. 8 and moves consecutively along the conveyor OR see fig. 2 which has sticky sheets 201 movable by hand along the housing, consecutive, active state as each is peeled).
Chyun is silent about a battery.
It would have been an obvious to one having ordinary skill in the art at the time the invention was made as substitution of functional equivalent to substitute the power source or Chyun with a battery, in order to remotely power the trap without the need for an electrical outlet and since a simple substitution of one known element for another would obtain predictable results. KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
For claim 3, Chyun further teaches including a communication system with a computer server (communication module 560).
Claim(s) 2 is rejected under 35 U.S.C. 103 as being unpatentable over Lotti or alternatively Chyun in view of Rose SR (US 2005/0172542).
For claim 2, Lotti or alternatively Chyun is silent about a housing support holding one or more adjustable photovoltaic plates for battery recharging, not limited to the photovoltaic plate being housed on top of the housing.
Rose teaches an insect trap including a support (32, 36) and an adjustable photovoltaic plates for battery recharging (60, para 0031).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the trap of Lotti or alternatively Chyun include a support and photovoltaic plate, with a reasonable expectation of success, in order to both support the trap in a desired location and to provide power/renewable energy for the trap.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The cited prior art of record is noted as it pertains to smart insect traps having adhesive surfaces (multiple or movable).
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