Prosecution Insights
Last updated: April 17, 2026
Application No. 18/897,014

ANIMAL SNARE

Non-Final OA §103§112§DP
Filed
Sep 26, 2024
Examiner
ALMATRAHI, SAHAR FARIS
Art Unit
3643
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
unknown
OA Round
1 (Non-Final)
31%
Grant Probability
At Risk
1-2
OA Rounds
3y 0m
To Grant
87%
With Interview

Examiner Intelligence

Grants only 31% of cases
31%
Career Allow Rate
28 granted / 90 resolved
-20.9% vs TC avg
Strong +56% interview lift
Without
With
+55.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
33 currently pending
Career history
123
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
51.0%
+11.0% vs TC avg
§102
19.1%
-20.9% vs TC avg
§112
28.6%
-11.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 90 resolved cases

Office Action

§103 §112 §DP
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Information Disclosure Statement The information disclosure statement filed 09/26/2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered. 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 6-7, 10-20 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. For claim 6, the limitation “a shaft” in line 1 is unclear as to which shaft is being referred to. For examination purposes, the examiner will interpret “a shaft” as the shaft of the pulley. For claim 10, the limitation “an elastic member having a first end affixed to an attachment point that is forward of the fired position” in line 7 is unclear. It is not clear as to how the first end of the elastic member can be fixed to the forward of the fired position as the limitation “forward of the fired position” is related to the position of the carriage, and does not provide an attachment point. Also, in claim 10, the limitation "the first carriage" in line 8. There is insufficient antecedent basis for this limitation in the claim. For claim 15, the limitation “an elastic member having a first end affixed to an attachment point that is forward of the fired position” in line 7 is unclear. It is not clear as to how the first end of the elastic member can be fixed to the forward of the fired position as the limitation “forward of the fired position” is related to the position of the carriage, and does not provide an attachment point. Claims 7, 11-14, 16-20 rejected as being dependent upon a rejected base claim. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 6-7, 9-22 of U.S. Patent No. 12161105. Although the claims at issue are not identical, they are not patentably distinct from each other because they commonly recite an elongated barrel; a carriage; a snare; an elastic member affixed to the carriage and configured to bias the carriage toward the fired position, wherein the elastic member is in tension when the carriage is in the cocked position; and a trigger assembly configured to retain the carriage in the cocked position against the tension of the elastic member, wherein actuation of a trigger of the trigger assembly causes release of the carriage and permits the carriage to travel along the barrel toward the first end to the fired position as the tension in the elastic member is released. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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 1-3, 10-13, and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Ramsey (US 3949514 A as cited in IDS) in view of Prior (US 9719749 B1 as cited in IDS) and DeMers (US 9974297 B2). Regarding claim 1, Ramsey teaches an animal snare (10) comprising: an elongated barrel (12 and 13 and 15) having a first end (see examiner’s illustration of fig. 2) and a second end (see examiner’s illustration of fig. 2); a carriage (48 and 50) slidably engaged in an inner surface (fig. 2) of the barrel (figs. 2-3 and Col. 2, lines 43-47) and configured to travel along at least a portion of the barrel between a cocked position (fig. 2 and Col. 3, lines 11-19) and a fired position (fig. 3 and Col. 3, lines 11-19); a snare (please see examiner’s illustration of fig. 2) extending out the first end of the barrel (fig. 2); an elastic member (66) affixed to the carriage (figs. 2-3) and configured to bias the carriage toward the fired position (Col. 3, lines 11-14 and fig. 3), wherein the elastic member is in compression when the carriage is in the cocked position (fig. 2, and Col. 3, lines 15-19); and a trigger assembly (see examiner’s illustration of fig. 2) configured to retain the carriage in the cocked position against the compression of the elastic member (fig. 2 and Col. 3, lines 15-19), wherein actuation of a trigger (55) of the trigger assembly causes release of the carriage (Col. 3, lines 22-28) and permits the carriage to travel along the barrel toward the second end to the fired position as the compression in the elastic member is released automatically tightening the snare (figs. 2-3 and Col. 3, lines 15-28). PNG media_image1.png 460 935 media_image1.png Greyscale However, Ramsey is silent about said carriage slidably engaged on an outer surface of the barrel; wherein the elastic member is in tension; and the carriage to travel along the barrel toward the first end. Prior teaches said carriage (120) slidably engaged on an outer surface (30) of the barrel (20; fig. 1-2 and 6 depict 120 to be slidably engaged on the outer surface of the barrel and Col. 4, lines 49-52 Col. 5, lines 18-21); and the carriage to travel along the barrel toward the first end (Col. 11, lines 59-61 and Col. 12, lines 2-7). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the carriage of Ramsey to be slidably engaged on an outer surface of the barrel, and the carriage to travel along the barrel toward the first end as taught by Prior in order to easily cock the carriage and rapidly accelerate the carriage during the firing position (Col. 4, lines 49-52 Col. 5, lines 18-21, Col. 11, lines 59-61 and Col. 12, lines 2-7 of Prior). DeMers teaches wherein the elastic member (42) is in tension (Col. 9, lines 17-19). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute wherein the elastic member is in compression of Ramsey to be wherein the elastic member is in tension as taught by DeMers since both configurations will allow for the carriage to move from a cocked position to a fired position based on the force of the elastic member, since a simple substitution of one known equivalent 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). Regarding claim 2, Ramsey as modified by Prior and DeMers teaches the animal snare of claim 1, and Ramsey further teaches wherein the elastic member (66) has a second end (end near threaded portion 45 of the barrel) affixed to the barrel (fig. 2). Regarding claim 3, Ramsey as modified by Prior and DeMers teaches the animal snare of claim 2, and Ramsey further teaches wherein the elastic member is removably affixed to the carriage (figs. 2-3 and Col. 3, lines 8-14 as the elastic member is not permanently attached and so is removably affixed to the carriage). In the event that applicant disagrees with examiner’s interpretation wherein the elastic member is removably affixed to the carriage, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the elastic member of Ramsey as modified by Prior and DeMers to be removably affixed to the carriage in order to make the device separable and easier to clean, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179. Regarding claim 10, Ramsey teaches an animal snare comprising: a barrel (12 and 13 and 15); a carriage (48 and 50) slidably connected to the barrel (fig. 2) and configured to travel along at least a portion of the barrel between a forward cocked position (fig. 2) and a rearward fired position (fig. 3); a snare (please see examiner’s illustration of fig. 2); a cord (11 inside the barrel, please see examiner’s illustration of fig. 2) connecting between the carriage and the snare (please see examiner’s illustration of fig. 2); an elastic member (66) having a first end affixed to an attachment point that is rearward of the fired position (fig. 3 as the first end of the elastic member affixed to an attachment point that is forward of the fired position) and a second end (end near 48 in fig. 2) affixed to the first carriage (48 and 50), wherein the elastic member is in compression when the first carriage is in the cocked position (fig. 2 and Col. 3, lines 15-19) such that the elastic member urges the carriage towards the fired position (Col. 3, lines 11-14 and fig. 3); and a trigger (see examiner’s illustration of fig. 2) assembly including a trigger (55) and a holding member (54) configured to engage with the carriage when the carriage is in the cocked position and to retain the carriage in the cocked position against the compression of the elastic member (figs. 2-3 and Col. 3, lines 15-28), wherein actuation of the trigger releases the holding member from the carriage such the elastic member urges the carriage towards the fired position and the snare is tightened automatically (figs. 2-3 and Col. 3, lines 15-28). PNG media_image1.png 460 935 media_image1.png Greyscale However, Ramsey is silent about a rearward cocked position and a forward fired position; and the elastic member is in tension. Prior teaches a rearward cocked position (Col. 11, lines 59-61) and a forward fired position (Col. 12, lines 2-7). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify animal snare of Ramsey to have a rearward cocked position and a forward fired position as taught by Prior in order to easily cock the carriage and rapidly accelerate the carriage during the firing position (Col. 4, lines 49-52 Col. 5, lines 18-21, Col. 11, lines 59-61 and Col. 12, lines 2-7 of Prior). DeMers teaches wherein the elastic member (42) is in tension (Col. 9, lines 17-19). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute wherein the elastic member is in compression of Ramsey to be wherein the elastic member is in tension as taught by DeMers since both configurations will allow for the carriage to move from a cocked position to a fired position based on the force of the elastic member, since a simple substitution of one known equivalent 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). Regarding claim 11, Ramsey as modified by Prior and DeMers teaches the animal snare of claim 10, and Ramsey further teaches wherein the attachment point is affixed to the barrel (fig. 2). Regarding claim 12, Ramsey as modified by Prior and DeMers teaches the animal snare of claim 10, but is silent about further comprising a shaft, wherein the cord is disposed around the shaft. DeMers teaches comprising a shaft (shaft of 47), wherein the cord (44) is disposed around the shaft (fig. 3). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a shaft, wherein the cord is disposed around the shaft as taught by DeMers into the animal snare of Ramsey as modified by Prior, DeMers in order to provide a back and forth movement that is required to trigger the device (Col. 4, lines 1-7 of DeMers). Regarding claim 13, Ramsey as modified by Prior, DeMers teaches the animal snare of claim 10, but is silent about further comprising a pulley, wherein the cord is disposed around the pulley. DeMers teaches a pulley (47), wherein the cord (44) is disposed around the pulley (fig. 3). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a pulley, wherein the cord is disposed around the pulley as taught by DeMers into the animal snare of Ramsey as modified by Prior, DeMers in order to provide a back and forth movement that is required to trigger the device (Col. 4, lines 1-7 of DeMers). Regarding claim 15, Ramsey teaches an animal snare comprising: a barrel (12 and 13 and 15); a carriage (48 and 50) slidably connected to the barrel (fig. 2) and configured to travel along at least a portion of the barrel between a forward cocked position (fig. 2) and a rearward fired position (fig. 3); a snare (please see examiner’s illustration of fig. 2) operably coupled to the carriage such the movement of the carriage towards the fired position tightens the snare (figs. 2-3 and Col. 3, lines 15-28); an elastic member (66) having a first end affixed to an attachment point that is rearward of the fired position (fig. 3 as the first end of the elastic member affixed to an attachment point that is forward of the fired position) and a second end (end near 48 in fig. 2) affixed to the carriage (figs. 2-3); and a handle assembly (70 and see examiner’s illustration of fig. 2) coupled to a rearward end of the barrel (figs. 2-3) and including: a holding member (54) engageable with the carriage (figs. 2-3) and configured to hold the carriage in the cocked position against compression of the elastic member (figs. 2-3 and Col. 3, lines 15-28), and a trigger (see examiner’s illustration of fig. 2) operably coupled to the holding member (figs. 2-3) such that actuation of the trigger releases the holding member from the carriage and the elastic member urges the carriage towards the fired position to tighten the snare automatically (figs. 2-3 and Col. 3, lines 15-28). PNG media_image1.png 460 935 media_image1.png Greyscale However, Ramsey is silent about a rearward cocked position and a forward fired position; and tension of the elastic member. Prior teaches a rearward cocked position (Col. 11, lines 59-61) and a forward fired position (Col. 12, lines 2-7). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify animal snare of Ramsey to have a rearward cocked position and a forward fired position as taught by Prior in order to easily cock the carriage and rapidly accelerate the carriage during the firing position (Col. 4, lines 49-52 Col. 5, lines 18-21, Col. 11, lines 59-61 and Col. 12, lines 2-7 of Prior). DeMers teaches tension (Col. 9, lines 17-19) of the elastic member (42). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute wherein the elastic member is in compression of Ramsey to be in tension as taught by DeMers since both configurations will allow for the carriage to move from a cocked position to a fired position based on the force of the elastic member, since a simple substitution of one known equivalent 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). Regarding claim 16, Ramsey as modified by Prior and DeMers teaches the animal snare of claim 15, and Ramsey further teaches further comprising a cord (11 inside the barrel, please see examiner’s illustration of fig. 2) connecting between the carriage and the snare (please see examiner’s illustration of fig. 2). Regarding claim 17, Ramsey as modified by Prior and DeMers teaches the animal snare of claim 16, and Ramsey further teaches wherein the cord extends through the handle assembly (figs. 2-3). Regarding claim 18, Ramsey as modified by Prior and DeMers teaches the animal snare of claim 17, but is silent wherein the handle assembly includes a shaft and the cord loops around the shaft. Prior teaches the handle assembly (140) includes a shaft (shaft of 44 and 47) and the cord (54a-b) loops around the shaft (figs. 3-4). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a shaft and the cord loops around the shaft as taught by Prior into the handle assembly of Ramsey as modified by Prior and DeMers in order to provide a reciprocating movement of the carriage (Col. 6, lines 56-60 of Prior). Regarding claim 19, Ramsey as modified by Prior and DeMers teaches the animal snare of claim 17, and Ramsey further teaches wherein the holding member extends out of the handle assembly (figs. 2-3 as 54 extends out of the handle assembly) to be received in the barrel (see examiner’s illustration of fig. 2 as the holding member is received in barrel 13 ), and wherein the barrel defines a hole (62) configured to receive a pin (61) of the holding member (figs. 2-3). Claims 4-7, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Ramsey as modified by Prior and DeMers as applied to claim 1 above, and further in view of Phelps (GB 2436276 A as cited in IDS). Regarding claim 4, Ramsey as modified by Prior and DeMers teaches the animal snare of claim 1, and Ramsey further teaches further comprising a cord (11 inside the barrel, please see examiner’s illustration of fig. 2) having a first end coupled to the carriage (fig. 2). However, Ramsey as modified by Prior and DeMers is silent about a second end coupled to the snare. Phelps teaches a second end (end of 48 in fig. 3) coupled to the snare (14/18). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the cord of Ramsey as modified by Prior and DeMers to include a second end coupled to the snare as taught by Phelps in order to efficiently tighten the snare (see machine translation: “As such, the operating element 48 can draw the connector 46 along the bore of the spring housing 40, against the force of the spring 44, towards the tail end 50. The slidable end 36 of the flexible elongate loop element 14 is thus also drawn along the bore of the spring housing 40 as the connector 46 moves.” of Phelps). Regarding claim 5, Ramsey as modified by Prior, DeMers and Phelps teaches the animal snare of claim 4, but is silent about further comprising a pulley, wherein the cord is disposed around the pulley. DeMers teaches a pulley (47), wherein the cord (44) is disposed around the pulley (fig. 3). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a pulley, wherein the cord is disposed around the pulley as taught by DeMers into the animal snare of Ramsey as modified by Prior, DeMers and Phelps in order to provide a back and forth movement that is required to trigger the device (Col. 4, lines 1-7 of DeMers). Regarding claim 6, Ramsey as modified by Prior, DeMers and Phelps teaches the animal snare of claim 4, but is silent about further comprising a shaft, wherein the cord is disposed around the shaft. DeMers teaches comprising a shaft (shaft of 47), wherein the cord (44) is disposed around the shaft (fig. 3). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a shaft, wherein the cord is disposed around the shaft as taught by DeMers into the animal snare of Ramsey as modified by Prior, DeMers and Phelps in order to provide a back and forth movement that is required to trigger the device (Col. 4, lines 1-7 of DeMers). Regarding claim 7, Ramsey as modified by Prior, DeMers and Phelps teaches the animal snare of claim 6, and Ramsey as modified by Prior, DeMers and Phelps further teaches further comprising a handle (70 and see examiner’s illustration of fig. 2 of Ramsey) attached to the second end of the barrel (figs. 1-2 of Ramsey), wherein the trigger assembly and the shaft are supported by the handle (figs. 1-3 of Ramsey and fig. 3 of DeMers). Regarding claim 14, Ramsey as modified by Prior, DeMers teaches the animal snare of claim 10, and Ramsey further teaches wherein the cord has a first end affixed to the carriage (fig. 2). However, Ramsey as modified by Prior, DeMers is silent about further comprising a second carriage affixed to at least one end of the snare, and a second end affixed to the second carriage. Phelps teaches a second carriage (46) affixed to at least one end of the snare (14/18), and a second end (end of 48 in fig. 3) affixed to the second carriage (fig. 3). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a second carriage affixed to at least one end of the snare, and a second end affixed to the second carriage as taught by Phelps into the animal snare of Ramsey as modified by Prior and DeMers in order to efficiently tighten the snare (see machine translation: “As such, the operating element 48 can draw the connector 46 along the bore of the spring housing 40, against the force of the spring 44, towards the tail end 50. The slidable end 36 of the flexible elongate loop element 14 is thus also drawn along the bore of the spring housing 40 as the connector 46 moves.” of Phelps). Claims 8 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ramsey as modified by Prior and DeMers as applied to claim 1 above, and further in view of and Ewing (US 0235675 A as cited in IDS). Regarding claim 8, Ramsey as modified by Prior and DeMers teaches the animal snare of claim 1, and Ramsey further teaches wherein the barrel includes a first barrel (13) and a second barrel (12 and 15) coupled to the first barrel (figs. 1-3), wherein the snare extends out of the second barrel (figs. 1-3). However, Ramsey as modified by Prior and DeMers is silent about the second barrel is curved. Ewing teaches the second barrel is curved (A). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the second barrel of Ramsey as modified by Prior and DeMers to be curved as taught by Ewing in order to have the end of the second barrel be at an angle to facilitate wringing (left column; lines 20-23 of Ewing). Regarding claim 20, Ramsey as modified by Prior and DeMers teaches the animal snare of claim 15, and Ramsey further teaches further comprising a second barrel (12 and 15) coupled to a forward end of the barrel (figs. 2-3), wherein the snare extends out of the second barrel (figs. 1-3). However, Ramsey as modified by Prior and DeMers is silent about the second barrel is curved. Ewing teaches the second barrel is curved (A). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the second barrel of Ramsey as modified by Prior and DeMers to be curved as taught by Ewing in order to have the end of the second barrel be at an angle to facilitate wringing (left column; lines 20-23 of Ewing). Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Ramsey as modified by Prior and DeMers as applied to claim 1 above, and further in view of and Schmidt (US 5595166 A as cited in IDS). Regarding claim 9, Ramsey as modified by Prior and DeMers teaches the animal snare of claim 1, but is silent about further comprising a spear gun assembly including a spear barrel. Schmidt teaches a spear gun assembly (20) including a spear barrel (40). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a spear gun assembly including a spear barrel as taught by Schmidt into the animal snare of Ramsey as modified by Prior and DeMers in order to allow the user to use the spear at a fixed length (Col. 7, lines 55-65 of Schmidt). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. GEORGE (US 1540640 A) teaches an animal snare. Dahlman (US 4827662 A) teaches an elastic member under tension. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAHAR ALMATRAHI whose telephone number is (571)272-2470. The examiner can normally be reached M-F 7:30-5:30. 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 at 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. /SAHAR ALMATRAHI/Examiner, Art Unit 3643 /DARREN W ARK/Primary Examiner, Art Unit 3647
Read full office action

Prosecution Timeline

Sep 26, 2024
Application Filed
Sep 23, 2025
Non-Final Rejection — §103, §112, §DP (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
31%
Grant Probability
87%
With Interview (+55.9%)
3y 0m
Median Time to Grant
Low
PTA Risk
Based on 90 resolved cases by this examiner. Grant probability derived from career allow rate.

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