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 .
Claims 1-10 are currently pending.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Li (CN 213819491 U), hereafter referred to as “Li”, in view of Hand (US 9854794 B1), hereafter referred to as “Hand” and Laine (US 2881554 A), hereafter referred to as “Laine”.
Regarding claim 1, Li teaches a mosquito swatter (figs. 1-3), comprising a frame (3, 4; fig. 3) and an adhesive capturer installation bracket (71; fig. 3), wherein the frame comprises a grip portion (5) and a mosquito capturing portion (3, 4), the grip portion and the mosquito capturing portion are fixedly connected (figs. 1-2),
a hollow part is defined on the mosquito capturing portion (hollow region formed between elements 3 and 4; figs. 1-3), the adhesive capturer installation bracket is arranged in the hollow part (fig. 3), the mosquito swatter further comprises an adhesive capturer (72), the adhesive capturer is defined with a plurality of first air holes (fig. 3 showing a plurality of openings in 72), the adhesive capturer is detachably connected to a first side of the adhesive capturer installation bracket (fig. 3), the mosquito swatter further comprises positioning brackets (see multiple brackets raised on the sides/periphery of element 9 in fig. 3), the hollow part is provided with two openings (at least two openings between various raised portions, see annotated figure 3 above), and that the positioning brackets are configured to retain the adhesive capturer on the adhesive capturer installation bracket (machine translation, paragraph [n0029] and figure 3). Li further appears to teach that the positioning brackets are respectively in snap connection with the two openings (machine translation, paragraph [n0029] and figure 3 showing that 9 and 4 have a frictional fit). However, in the case that it is argued that Li does not teach the above limitation, it is well settled that substituting one equivalent component for another is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular component was significant. MPEP at 2144.06, citing Smith v. Hayashi, 209 USPQ 754 (Bd. of Pat. Inter. 1980); see also a simple substitution of one known equivalent element for another would obtain predictable results. MPEP 2143, citing KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007). Here, applicant has not shown patentable significance of a snap connection, rather than frictional connection. It would have been an obvious substitution of functional equivalents to one of ordinary skill in the art before the claimed invention was filed to substitute the connection fit of Li with a snap connection, in order to provide improved retention of the elements within the frame, and since snap connections are well known in the art to retain components.
Li does not explicitly teach an adhesive re-capturer, the adhesive re-capturer detachably connected to a second side of the adhesive capturer installation bracket, and thus does not teach the positioning brackets are configured to retain… the adhesive re-capturer on the adhesive capturer installation bracket. Li additionally does not explicitly teach that the plurality of first air holes and the plurality of second air holes arranged in staggered manner.
Hand teaches a swatter (figs. 1-5) including two adhesive portions: an adhesive capturer (118 on a first side 119; col. 3, lines 37-41), and an adhesive re-capturer (118 on a second side 120; col. 3, lines 37-41), the adhesive re-capturer defined with a plurality of second air holes (col. 3, lines 37-41, fig. 4), and the adhesive re-capturer detachably connected to a second side of an adhesive capturer installation bracket (107, 108, 109; fig. 1).
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 mosquito swatter of Li to include a second adhesive portion, as taught by Hand, such that the device includes an adhesive re-capturer defined with a plurality of second air holes and is detachably connected to a second side of the adhesive capturer installation bracket, as taught by Hand, in order to improve the likelihood of capturing a mosquito as having adhesives on both sides would provide a larger surface area of adhesion (col. 3, lines 47-56 of Hand).
The combined teachings of Li in view of Hand would result in the positioning brackets are configured to retain… the adhesive re-capturer on the adhesive capturer installation bracket.
Laine teaches a swatter (figs. 1-5) including a first element (3; figs. 1 and 5) with a first plurality of holes (figs. 1 and 5), and a second element (4; figs. 1 and 5) with a second plurality of holes (figs. 1 and 5), and the plurality of first air holes and the plurality of second air holes arranged in staggered manner (figs. 1 and 5, and col. 2, lines 29-35).
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 swatter of Li in view of Hand such that the plurality of first air holes and the plurality of second air holes are arranged in staggered manner, as taught by Laine, in order to prevent a mosquito to fly directly through the swatter without capturing the mosquito (col. 2, lines 29-35 of Laine).
Regarding claim 2, Li in view of Hand and Laine teaches the mosquito swatter according to claim 1, and Li further teaches a fan (6) and a power module (machine translation, paragraph [n0028]), wherein the fan is arranged in the hollow part (figs. 1-3 showing that element 6 is arranged between the hollow region formed between elements 3 and 4), an air outlet surface of the fan faces the adhesive capturer installation bracket (92; fig. 3), the power module is arranged on the frame (machine translation, paragraph [n0028] and fig. 3), and the power module is configured to supply power to the fan (machine translation, paragraph [n0028]).
Regarding claim 3, Li in view of Hand and Laine teaches the mosquito swatter according to claim 2, and Li further teaches wherein a protective net (8; figs. 1 and 3) is provided on the frame, and the protective net is located at an opening of the hollow part (figs. 1 and 8).
Regarding claim 10, Li in view of Hand and Laine teaches the mosquito swatter according to claim 1, and Li further teaches wherein the adhesive capturer installation bracket (71) comprises an outer frame (see annotated figure 3 of Li above), an installation ring (annotated figure 3), and multiple connecting rods (annotated figure 3), the installation ring and the multiple connecting rods are all located inside the outer frame (annotated figure 3), all of the multiple connecting rods are connected at one end to an outer circumference of the installation ring and at a second end to an inner wall of the outer frame (annotated figure 3), and an outer circumference of the outer frame is in snap connection with an inner wall of the hollow part (machine translation, paragraph [n0027]).
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Hand and Laine as applied to claim 2 above, and further in view of Cran et al. (US 20220386586 A1), hereafter referred to as “Cran”.
Regarding claim 4, Li in view of Hand and Laine teaches the mosquito swatter according to claim 2, and Li further teaches wherein the mosquito swatter further comprises a lamp (12; machine translation, paragraph [n0027] and fig. 3) arranged inside the hollow part (machine translation, paragraph [n0027]), and the power module is used to supply power to the lamp (machine translation, paragraph [n0028]), but does not explicitly teach that the lamp is a black light lamp.
Cran teaches an insect catching device (figs. 1-10) including a black light lamp (paragraph [0062] teaching UV-A light).
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 swatter of Li in view of Hand and Laine, such that the light is a black light, as taught by Cran, in order to provide a visual lure that can effectively attract insects (paragraph [0062] of Cran).
Regarding claim 5, Li in view of Hand, Laine, and Cran teaches the mosquito swatter according to claim 4, and Li further teaches that the power module comprises a battery, and that the battery is respectively connected to power terminals of the fan, but does not explicitly teach an output terminal of the type-C interface and the battery are respectively connected to power terminals of the fan, and a power terminal of the battery is connected to the output terminal of the type-C interface.
Cran further teaches a power module including type-C interface (paragraph [0076]) and an output terminal of the type-C interface and battery are respectively connected (paragraphs [0076] and [0073]), and a power terminal of the battery is connected to the output terminal of the type-C interface (paragraphs [0075]-[0076]).
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 swatter of Li in view of Hand, Laine, and Cran, such that the power module includes a type-C interface and an output terminal of the type-C interface and battery are respectively connected, and a power terminal of the battery is connected to the output terminal of the type-C interface, as further taught by Cran, in order to provide the device with recharging capabilities.
In addition, 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 swatter of Li in view of Hand, Laine, and Cran, such that the output terminal of the type-C interface and the battery are also respectively connected to power terminals of the fan, in order to provide a rechargeable power source.
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Hand, Laine, and Cran as applied to claim 5 above, and further in view of Li (CN 2146859 Y), hereafter referred to as “Li 859”.
Regarding claim 6, Li in view of Hand, Laine, and Cran teaches the mosquito swatter according to claim 5, but does not explicitly teach that the power module further comprises a double pole three throw switch, the type-C interface and an output terminal of the battery are respectively connected to the power terminals of the fan through the double pole three throw switch, and the type-C interface and the output terminal of the battery are respectively connected to a power terminal of the black light lamp through the double pole three throw switch.
Li 895 teaches a device (fig. 1) with a power module including a double pole three throw switch (machine translation, paragraph [0009]), an output terminal of the battery is respectively connected to the power terminals of the fan through the double pole three throw switch (machine translation, paragraph [0009]), and the output terminal of the battery is respectively connected to a power terminal of a light lamp through the double pole three throw switch (machine translation, paragraph [0009]).
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 swatter of Li in view of Hand, Laine, and Cran to include a double pole three throw switch, such that an output terminal of the battery is respectively connected to the power terminals of the fan through the double pole three throw switch, and the output terminal of the battery is respectively connected to a power terminal of a light lamp through the double pole three throw switch, as taught by Li 895, in order to provide a single interface that controls the various functions of the device in a compact and easily accessible manner.
The combined teaching of Li in view of Hand, Laine, Cran, and Li 895 would result in the double pole three throw switch, the type-C interface and an output terminal of the battery are respectively connected to the power terminals of the fan through the double pole three throw switch, and the type-C interface and the output terminal of the battery are respectively connected to the power terminal of the black light lamp through the double pole three throw switch
Regarding claim 7, the combined teachings of Li in view of Hand, Laine, Cran, and Li 895 teaches the mosquito swatter according to claim 6, and further teaches that the output terminal of the type-C interface (as relied on Cran, paragraph [0076]) and the output terminal of the battery are respectively connected to a common contact in a first contact group of the double pole three throw switch (as relied on Li 895, machine translation, paragraph [0009]), a first moving contact in the first contact group of the double pole three throw switch is connected to the common contact in the first contact group of the double pole three throw switch (as relied on Li 895, machine translation, paragraph [0009]), a second moving contact and a third moving contact in the first contact group of the double pole three throw switch are both connected to a common contact in a second contact group of the double pole three throw switch (as relied on Li 895, machine translation, paragraph [0009]), a first moving contact in the second contact group is connected to the common contact in the second contact group of the double pole three throw switch (as relied on Li 895, machine translation, paragraph [0009]), the power terminals of the fan (6 of Li, see also machine translation, paragraph [0009] and element 8 of Li 895) are respectively connected to the second moving contact and the third moving contact in the second contact group of the double pole three throw switch (as relied on Li 895, machine translation, paragraph [0009]), and the power terminal of the black light lamp (12 of Li and paragraph [0062] of Cran) is connected to the third moving contact in the second contact group of the double pole three throw switch (as relied on Li 895, machine translation, paragraph [0009]).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Hand, Laine, Cran, and Li 895 as applied to claim 7 above, and further in view of Focks (US 20180288993 A1), hereafter referred to as “Focks” and Deng (CN 111968355 A), hereafter referred to as “Deng”.
Regarding claim 8, Li in view of Hand, Laine, Cran, and Li 895 teaches the mosquito swatter according to claim 7, but does not explicitly teach wherein the mosquito swatter further comprises a constant current and constant voltage module, and the output terminal of the type-C interface is connected to the power terminals of the fan and the power terminal of the black light lamp through the constant current and constant voltage module, respectively, and the constant current and constant voltage module is provided with a linear power management chip.
Focks teaches a device (figs. 1-10B) including a constant current and constant voltage module (paragraph [0066]) and the output terminal of a power source is connected to the power terminals of a fan (34; paragraph [0066]) and the power terminal of a lamp through the constant current and constant voltage module, respectively (paragraphs [0066], [0087]).
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 swatter of Li in view of Hand, Laine, Cran, and Li 895 to include a constant current and constant voltage module, in which the output terminal of the power source is connected to the power terminals of the fan, and the power terminal of the lamp through the constant current and constant voltage module, respectively, as taught by Focks, in order to ensure consistent and efficient operation across varying battery inputs (paragraphs [0132]-[0142] of Focks).
The combined teachings of Li in view of Hand, Laine, Cran, Li 895, and Focks would result in the output terminal of the type-C interface is connected to the power terminals of the fan and the power terminal of the black light lamp through the constant current and constant voltage module, respectively.
Deng teaches a device (figs. 1-6) including a linear power management chip (machine translation, abstract and claim 1).
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 swatter of Li in view of Hand, Laine, Cran, Li 895, and Focks to include a linear power management chip, as taught by Deng, in order to further provide efficient use of the power source.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Hand, Laine, Cran, and Li 895 as applied to claim 7 above, and further in view of Li (CN 105475252 B), hereafter referred to as “Li 252”.
Regarding claim 9, Li in view of Hand, Laine, Cran, and Li 895 teaches the mosquito swatter according to claim 7, but does not explicitly teach that the mosquito swatter further comprises a battery boost module, the output terminal of the battery is connected to the power terminals of the fan and the power terminal of the black light lamp through the battery boost module, and the battery boost module is provided with a battery boost chip.
Li 252 teaches a device (figs. 1-3) including a battery boost module (machine translation, abstract and claim 1), the output terminal of the battery is connected to the power terminals of components of the device through the battery boost module (machine translation, abstract and claim 1), and the battery boost module is provided with a battery boost chip (machine translation, claim 1).
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 swatter of Li in view of Hand, Laine, Cran, and Li 895 to include a batter boost module such that theoutput terminal of the battery is connected to the power terminals of components of the device through the battery boost module, and the battery boost module is provided with a battery boost chip, as taught by Li 252, in order to provide an efficient portable, battery powered operation.
The combined teachings of Li in view of Hand, Laine, Cran, Li 895, and Li 252 would result in the output terminal of the battery is connected to the power terminals of the fan and the power terminal of the black light lamp through the battery boost module.
Response to Arguments
Applicant's arguments filed 1/21/2026 have been fully considered but they are not persuasive and/or 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.
Applicant argues that Li in view of Hand and Laine does not teach the recitation: “the frame comprises a grip portion and a mosquito capturing portion, the grip portion and the mosquito capturing portion are fixedly connected”. Applicant staties that “Li discloses a combination of a base and an electric mosquito swatter, in which the base is configured to function independently for mosquito killing without relying on the electric mosquito swatter (see paragraph [0002] of Li)” and that the adhesive capturer and electric mosquito swatter are intended to be used separately (Remarks, pages 1-2).
The examiner respectfully disagrees. While Li states that elements 1 and 2 are capable of separate use, they are also designed to be utilized together (explicitly shown in figures 1-3). Thus Li shows that elements 3, 4 and 2 are fixedly connected when used together (figures 1-3 and machine translation at paragraphs [n0026]-[n0027]).
Applicant argues that the combined teachings of Li and Hand would result in inconvenient replacement process of the adhesive capturer and recapturer (Remarks, page 3).
The examiner respectfully disagrees. Applicant states that element 71 does not have a stable grasping feature and would be difficult to grip with adhesive elements on either side. Figure 3 of Li shows that when element 72 is attached to element 71, there remains a graspable portion at the top of element 71 that is not covered by the adhesive portion. As shown above, it would have been obvious to modify the device of Li to include an adhesive re-capturer, the adhesive re-capturer detachably connected to a second side of the adhesive capturer installation bracket, as taught by Hand, in order to improve the likelihood of capturing a mosquito as having adhesives on both sides would provide a larger surface area of adhesion (col. 3, lines 47-56 of Hand).
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 extension fee 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 date of this final action.
The cited prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure. The references have many of the elements in the applicant’s disclosure and claims.
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/H.J.B./Examiner, Art Unit 3643
/MARISA V CONLON/Primary Examiner, Art Unit 3643
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