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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/23/2026 has been entered.
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.
Claims 1-2, 4-6 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Keim (AT 007644 U1) in view of O’Dell (U.S. Patent Application Publication No. 2010/0257773, as cited by Applicant).
For claim 1, Keim discloses a rodent snap trap comprising: a base (Figs. 1-2: 2) having an attachment structure (5, 6), a front wall (8) and two longitudinally directed, generally vertical side walls (3) that extend from the front wall to a rearward end (near 15) of the base (as shown in Figs. 1-2), said front wall forming a lower jaw (as shown in Figs. 1-2);
a lid (4) pivotally mounted to the base on the attachment structure (as discussed in the translated description “a striking cover 4 is pivotally mounted, via lateral webs 5, which engage in a receptacle 6 on the side walls 3 of the housing 1”), the lid including a trapping end (Figs. 1-2: at teeth near 8) having an upper jaw that engages with said lower jaw when the trap is tripped (as shown in Fig. 1), and a setting end (at 18, 19) opposite the trapping end;
a setting and trigger assembly (12, 13) configured to retain the upper jaw in a raised position spaced from the lower jaw when the trap is set by squeezing the setting end of the lid toward the base rearward end (as shown in Fig. 2) and to release the upper jaw to return under spring bias (Figs. 1-2: 7) to a lowered position in abutment with the lower jaw (as shown in Fig. 1) when actuated by a rodent (as discussed in the translated description “if the release rocker 9 when attempting to pass through the edge recess 11 to be covered by the release rocker 9 bait, slightly pivoted about the pivot axis 10, the safety lever 13 drops from the retaining stop 12 and releases the impact cover 4”);
a bait positioning space (Figs. 1-2: under housing 9) positioned at a frontward end of the base proximate the front wall (8), a height of said longitudinally directed, generally vertical base side walls (3) sloping upwardly from the front wall and then downwardly to form a sloped contour having a peak Fig. 2: at numeral 3), and then sloping continuously downwardly from the peak toward the rearward end of the base to form a sloped contour with the peak defining the highest point of the base (as shown in Fig. 1), the height of each of the base side walls slopes non-linearly downwardly on either side of the peak (the curved side walls as shown in Figs. 1-2), said height of the base side walls at the peak properly orienting a rodent for capture by forcing a rodent to pass over the front wall in alignment with a longitudinal axis of the trap to access to the bait (as shown in Figs. 1-2).
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Keim fails to show a bait cup; the peaks positioned on either side of and aligned in a lateral direction with the bait cup. However, O’Dell teaches a rodent snap trap comprising: a base (Figs. 5A-5B show horizontal surface at numeral 104), a front wall (Figs. 5A-5B: 110) and two longitudinally directed, generally vertical side walls (Figs. 1-5B: 144) that extend from a front wall (110) to a rearward end of the base (toward 142), a bait cup (Figs. 1-3: 122) positioned on the base (as shown in Fig. 5A); and a height (see annotated Figure 5B herewith) of said longitudinally directed, generally vertical base side walls (144) sloping continuously upwardly from the front wall to a peak (see annotated Figure 5B herewith), and then sloping continuously downwardly from the peak toward the rearward end of the base to form a sloped contour with the peak defining the highest point of the base (see annotated Figure 5B herewith), the peaks positioned on either side of and aligned in a lateral direction with the bait cup (as shown in Figs. 1-5B: at 122), said height of the base side walls at the peak properly orienting a rodent for capture by forcing a rodent to pass over the front wall in alignment with a longitudinal axis of the trap to access to the bait (as shown in Fig. 5B). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the vertical side walls of Keim to include the vertical side walls of O’Dell aligned in a lateral direction with the bait cup for the advantage of providing a barrier preventing rodents from easily accessing the bait cup from the side without triggering the trap.
For claim 2, Keim discloses the rodent snap trap as set forth in claim 1, wherein the lid (Keim 4) has a curved upper surface (Keim Fig. 1: at numeral 4) joined with lid side walls (Keim at downward surfaces extending from the curved upper surface of the lid 4) that follow the sloped contour of the base side walls to create a hooked profile (Keim as shown in Figs. 1-2), a height of the lid side walls at a point in vertical alignment with each of the peaks of the base side walls being approximately 25% that of a height of the base side walls at the peak (Keim Figs. 1-2 show the height of the lid side walls being a fraction of the height, approximately 25%, of the base side walls at the peaks).
For claims 4-5, Keim as modified by O’Dell disclose the rodent snap trap as set forth in claim 2, wherein a ratio between the height of the base side walls at their peaks and the height of the lid side walls at the point vertically aligned with the peaks is between 5:1 and 3:1; and wherein the ratio is between 4:1 and 3:1 (Keim Figs. 1-2 show the height of the base side walls at the peaks and the height of the lid side walls at the point vertically aligned with the peaks is approximately a 4:1 ratio).
For claim 6, Keim as modified by O’Dell disclose the invention substantially as claimed, but fails to specifically disclose wherein the height of the lid side walls increases rearwardly to follow the downward slope of upper edges of the base side walls rearwardly of each peak. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the rodent snap trap of Keim and O’Dell to include the height of the lid side walls increases rearwardly to follow the downward slope of upper edges of the base side walls rearwardly of each peak for the advantage of blocking the space adjacent the bait cup and preventing the animal from accessing the interior of the trap without triggering the trap, since a mere change in size or shape of a component is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
For claim 9, Keim as modified by O’Dell disclose the rodent snap trap as set forth in claim 1, wherein the height of each base side wall (Keim 3) slopes only downwardly on either side of the peak (Keim as shown in Figs. 1-2).
For claim 10, Keim as modified by O’Dell disclose the rodent snap trap as set forth in claim 9, wherein each peak is defined by a non-linear surface of each base side wall (Keim as shown in Figs. 1-2: 3).
Claims 3 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Keim (AT 007644 U1) in view of O’Dell (U.S. Patent Application Publication No. 2010/0257773, as cited by Applicant), as applied to claims 1-2, 4-6 and 9-10 above, and further in view of Hansson (U.S. Patent No. 5,960,583, as cited by Applicant).
For claim 3, Keim as modified by O’Dell disclose the invention substantially as claimed, but fails to specifically show the bait cup covered with a bait cap prior to use, said bait cap configured to prevent said setting and trigger assembly from setting the trap when said bait cap is positioned on said bait cup. However, Hansson teaches a rodent snap trap comprising: a base (Figs. 1-4A: 1); a setting and trigger assembly (Fig. 1: second arm portion 10); a bait cup (Figs. 1-3 and 7: 12) positioned on the base and covered with a bait cap (Figs. 1-4A, 6 and 7: 6) prior to use (as shown in Figs. 1-2), said bait cap configured to prevent said setting and trigger assembly from setting the trap when said bait cap is positioned on said bait cup (Col. 3, lines 8-23). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the bait cup of Keim and O’Dell to include the bait cap as taught by Hansson for the advantage of covering and protecting the bait before the snap trap is ready for use.
For claim 7, Keim as modified by O’Dell discloses the invention substantially as claimed, including wherein the setting and trigger assembly includes a trigger hood (Keim Figs. 1-2: 9), and the base side walls at their peak (Keim Fig. 2: at numeral 3) are taller than a front wall of the trigger hood (Keim as shown in Figs. 1-2), but fails to specifically show the bait cup being positioned under the trigger hood; and the base side walls at their peak are aligned proximate a front wall of the trigger hood. However, Hansson teaches a rodent snap trap comprising: a base (Figs. 1-4A: 1) including base side walls (Figs. 9 and 11: at numeral 16); a setting and trigger assembly (Fig. 1: first arm 2, second arm 3, coil spring 4, first axis 5, cap 6, second horizontal axis 7, second arm portion 10); a bait cup (Figs. 1-3 and 7: 12); wherein the setting and trigger assembly includes a trigger hood (Figs. 1-4A, 6 and 7: 6), the bait cup being positioned under the trigger hood (as shown in Figs. 1-2); and the base side walls at their peak (Fig. 11: the highest point of the side wall 16) are taller than, and are aligned proximate, a front wall of the trigger hood (shown in the middle of the trap in Fig. 11). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the setting and trigger assembly of Keim and O’Dell with the trigger hood as taught by Hansson for the advantage of covering and protecting the bait while triggering the snap trap when the animal’s head moves the trigger hood.
Claims 12-13, 15-17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Keim (AT 007644 U1) in view of O’Dell (U.S. Patent Application Publication No. 2010/0257773, as cited by Applicant) and Hansson (U.S. Patent No. 5,960,583, as cited by Applicant).
For claim 12, Keim discloses a rodent snap trap comprising: a base (Figs. 1-2: 2) having an attachment structure (5, 6), a front wall (8) and two generally vertical side walls (3) that extend from the front wall to a rearward end (near 15) of the base (as shown in Figs. 1-2), said front wall forming a lower jaw (as shown in Figs. 1-2), a height of said longitudinally directed, generally vertical base side walls (3) sloping upwardly from the front wall to a peak (Fig. 2: at numeral 3) and then continuously downwardly from the peak to the rearward end of the base to form a sloped contour with the peak defining the highest point of each side wall (as shown in Fig. 1), the height of each of the base side walls slopes non-linearly downwardly on either side of the peak (the curved side walls as shown in Figs. 1-2);
a lid (4) pivotally mounted to the base on the attachment structure (as discussed in the translated description “a striking cover 4 is pivotally mounted, via lateral webs 5, which engage in a receptacle 6 on the side walls 3 of the housing 1”);
a bait positioning space (Figs. 1-2: under housing 9) positioned on the base (2) proximate the front wall (8); and
a setting and trigger assembly (12, 13) mounted to the base and including: a trigger hood (Figs. 1-2: 9); and a latch mechanism (17) engaging a trigger mechanism (18, 19) to retain the lid in a raised position spaced from the lower jaw when the trap is set.
Keim fails to show a bait cup positioned on the base, the peak of each side wall positioned on either side of and aligned in a lateral direction with the bait cup. However, O’Dell teaches a rodent snap trap comprising: a base (Figs. 5A-5B show horizontal surface at numeral 104), a front wall (Figs. 5A-5B: 110) and two generally vertical side walls (Figs. 1-5B: 144) that extend from a front wall (110) to a rearward end of the base (toward 142), a bait cup (Figs. 1-3: 122) positioned on the base (as shown in Fig. 5A); and a height (see annotated Figure 5B above) of the longitudinally directed, generally vertical base side walls (144) sloping continuously upwardly from the front wall to a peak and then continuously downwardly from the peak to the rearward end of the base (Figs. 5A-5B: at 142) to form a sloped contour with the peak defining the highest point of each side wall (see annotated Figure 5B above), the peak of each side wall positioned on either side of and aligned in a lateral direction with the bait cup (as shown in Figs. 1-5B). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the vertical side walls of Keim to include the vertical side walls of O’Dell having a peak defining the highest point of each side wall, positioned on either side of and aligned in a lateral direction with the bait cup for the advantage of providing a barrier preventing rodents from easily accessing the bait cup from the side without triggering the trap.
Keim fails to specifically show the bait cup being positioned under the trigger hood. However, Hansson teaches a rodent snap trap comprising: a base (Figs. 1-4A: 1) including base side walls (Figs. 9 and 11: at numeral 16); a setting and trigger assembly (Fig. 1: first arm 2, second arm 3, coil spring 4, first axis 5, cap 6, second horizontal axis 7, second arm portion 10); a bait cup (Figs. 1-3 and 7: 12); wherein the setting and trigger assembly includes a trigger hood (Figs. 1-4A, 6 and 7: 6), the bait cup being positioned under the trigger hood (as shown in Figs. 1-2). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the setting and trigger assembly of Keim with a bait cup under the trigger hood as taught by Hansson for the advantage of covering and protecting the bait while triggering the snap trap when the animal’s head moves the trigger hood.
For claim 13, Keim as modified by O’Dell and Hansson disclose the rodent snap trap as set forth in claim 12, wherein the height of each base side wall (Keim 3) slopes only upwardly from the front wall to the peak, and only downwardly from the peak to the rearward end of the base (Keim as shown in Figs. 1-2).
For claim 15, Keim as modified by O’Dell and Hansson disclose the rodent snap trap as set forth in claim 12, wherein each peak is curved and defines only a single highest apex point (Keim as shown in Fig. 2: at numeral 3).
For claim 16, Keim as modified by O’Dell and Hansson disclose the rodent snap trap as set forth in claim 12, wherein the lid (Keim 4) has a curved upper surface (Keim Fig. 1: at numeral 4) joined with lid side walls (Keim at downward surfaces extending from the curved upper surface of the lid 4) that follow the sloped contour of the base side walls (Keim as shown in Figs. 1-2), a ratio between the height of the base side walls at their peaks and the height of the lid side walls at points vertically aligned with the peaks is between 4:1 and 3:1 (Keim Figs. 1-2 show the height of the base side walls at the peaks and the height of the lid side walls at points vertically aligned with the peaks is approximately a 4:1 ratio).
For claim 17, Keim discloses a rodent snap trap comprising: a base (Figs. 1-2: 2) having an attachment structure (5, 6), a front wall (8) and two generally vertical side walls (3) that extend from the front wall to a rearward end (near 15) of the base (as shown in Figs. 1-2), the front wall forming a lower jaw (as shown in Figs. 1-2),
a lid (4) pivotally mounted to the base on the attachment structure (as discussed in the translated description “a striking cover 4 is pivotally mounted, via lateral webs 5, which engage in a receptacle 6 on the side walls 3 of the housing 1”);
a bait positioning space (Figs. 1-2: under housing 9) positioned on the base (2); and
a setting and trigger assembly (12, 13) mounted to the base and including: a trigger hood (Figs. 1-2: 9); and a latch mechanism (17) engaging a trigger mechanism (18, 19) to retain the lid in a raised position spaced from the lower jaw when the trap is set, wherein: a height of said generally vertical base side walls (3) slopes upwardly an does not decrease between the front wall to a peak (Fig. 2: at numeral 3) and slopes downwardly and does not increase from the peak to the rearward end of the base to form a sloped contour with the peak defining the highest point of each side wall (as shown in Fig. 1), the height of each of the base side walls slopes non-linearly downwardly on either side of the peak (the curved side walls as shown in Figs. 1-2);
the bait positioning space is positioned on a frontward end of the base proximate the front wall (Figs. 1-2: under housing 9).
Keim fails to show a bait cup positioned on the base, the peak of each of the generally vertical base side walls defining the highest point of the base in a vertical direction, the peaks positioned on either side of, and aligned in a lateral direction with, the bait cup. However, O’Dell teaches a rodent snap trap comprising: a base (Figs. 5A-5B show horizontal surface at numeral 104), a front wall (Figs. 5A-5B: 110) and two generally vertical side walls (Figs. 1-5B: 144) that extend from a front wall (110) to a rearward end of the base (toward 142), a bait cup (Figs. 1-3: 122) positioned on the base (as shown in Fig. 5A); and the peak of each of the generally vertical base side walls defining the highest point of the base in a vertical direction, the peaks positioned on either side of, and aligned in a lateral direction with, the bait cup (as shown in Figs. 1-5B). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the vertical side walls of Keim to include the vertical side walls of O’Dell having a peak defining the highest point of each s of the generally vertical base side walls defining the highest point of the base in a vertical direction, the peaks positioned on either side of, and aligned in a lateral direction with, the bait cup for the advantage of providing a barrier preventing rodents from easily accessing the bait cup from the side without triggering the trap.
Keim fails to specifically show the bait cup being positioned under the trigger hood. However, Hansson teaches a rodent snap trap comprising: a base (Figs. 1-4A: 1) including base side walls (Figs. 9 and 11: at numeral 16); a setting and trigger assembly (Fig. 1: first arm 2, second arm 3, coil spring 4, first axis 5, cap 6, second horizontal axis 7, second arm portion 10); a bait cup (Figs. 1-3 and 7: 12); wherein the setting and trigger assembly includes a trigger hood (Figs. 1-4A, 6 and 7: 6), the bait cup being positioned under the trigger hood (as shown in Figs. 1-2). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the setting and trigger assembly of Keim with a bait cup under the trigger hood as taught by Hansson for the advantage of covering and protecting the bait while triggering the snap trap when the animal’s head moves the trigger hood.
For claim 19, Keim as modified by Hansson and O’Dell disclose the rodent snap trap as set forth in claim 17, wherein side walls at their peak (Keim Fig. 2: at numeral 3) are taller than and aligned near the front wall (Keim as shown in Figs. 1-2 the side walls 3, and thus the peaks are aligned with the front wall 8).
For claim 20, Keim as modified by Hansson and O’Dell disclose the rodent snap trap as set forth in claim 17, wherein latch mechanism (Keim Figs. 1-2: 17) includes an elongated lever arm (Keim 13) having a mounting end with a catch (Keim 17) and a trigger end (Keim 12), the mounting end is pivotally coupled the base (Keim at 14)).
Response to Arguments
Applicant’s arguments with respect to claims 1-7, 9, 10, 12, 13, 15-17, 19 and 20 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
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/DANIELLE A CLERKLEY/Examiner, Art Unit 3643
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