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 .
This document is responsive to applicant’s amendments filed 2/12/2026.
Claim Rejections - 35 USC § 102
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 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 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.
Claims 1-4, 6-8, and 11-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kink (US 9,161,525).
Regarding claim 1, King discloses:
A bait packet, comprising: a container defining a bait containing space with a bait in the bait containing space (see fig 9, ref 140); and an access structure protruding from the container into the bait containing space (164), the access structure has a first portion that is above a level of the bait in a first orientation of the bait packet and a second portion different from the first portion that is above the level of the bait in a second orientation of the bait packet, the second orientation is approximately perpendicular to the first orientation (two perpendicular orientations of the device necessarily result in the claimed configuration), the access structure including a plurality of first surfaces extending from a base of the container and defining steps extending from above the level of the bait and into the bait containing space with the bait packet in the first orientation (see fig 9).
Regarding claim 2, King discloses:
The bait packet of claim 1, wherein the container has an access opening extending through the container into the bait containing space in an open state of the bait packet, the access structure has a first end positioned at the access opening (see fig 9).
Regarding claim 3, King discloses:
The bait packet of claim 2, wherein the container has a tab enclosing the access opening and sealing the bait containing space in a closed state of the bait packet (see fig 9).
Regarding claim 4, King discloses:
The bait packet of claim 3, wherein the tab is integrally formed with the container and is removable by breaking or cutting to change the bait packet from the closed state into the open state (see fig 9).
Regarding claim 6, King discloses:
The bait packet of claim 2, wherein the access structure has a second surface connecting an end of the first surfaces opposite the base (see fig 10, ref 150).
Regarding claim 7, King discloses:
The bait packet of claim 6, wherein the first portion of the access structure includes a subset of the first surfaces and a part of the second surface (see at least fig 9).
Regarding claim 8, King discloses:
The bait packet of claim 6, wherein the second portion of the access structure includes an entirety of the second surface (see at least fig 10).
Regarding claim 11, King discloses:
The bait packet of claim 6, wherein the second surface has a width that is greater than half of a width of the access opening (see fig 10).
Regarding claim 12, King discloses:
The bait packet of claim 1, wherein the container includes a base and a cover attached to the base to form the bait containing space, the access structure extends from the base into the bait containing space (see figs 9 and 10 and ref 12).
Regarding claim 13, King discloses:
The bait packet of claim 12, wherein the base is a translucent or transparent material (see col 2, lines 35-38).
Regarding claim 14, King discloses:
The bait packet of claim 13, wherein the cover is an opaque material (see at least fig 2).
Allowable Subject Matter
Claims 16-20 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is found in the Notice of Reference Cited (PTO-892).
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 RICHARD G DAVIS whose telephone number is (571)270-5005. The examiner can normally be reached Mon-Thurs 8am-6:00pm 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, Timothy Collins can be reached on 571-272-6886. 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.
/RICHARD G DAVIS/Primary Examiner, Art Unit 3644