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 .
Election/Restrictions
Claims 1-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group and Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/16/2025.
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 18-20 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.
In regard to claim 18, lines 2-3, the phrase “the floor defining an opening extending through the floor” renders the claim vague and indefinite since the floor 437 defines opening 432, but the opening 432 was not disclosed as extending through the floor 437 as claimed. In Fig. 14A of the present application, it appears that the wall defining the upper end of the opening 432 extends through an opening defined through the trigger plate 435. The last two lines of paragraph 0087 of the present specification merely state “…floor 437 defining opening 432…”, but do not mention that the opening 432 extends through the floor. Presumably the opening 432 is for retaining bait that is to be used to attract rodents to the trap, and that if the opening 432 were to extend through the floor, then the bait would not be positioned properly adjacent to the trigger platform 435 so as to allow the rodent to more readily trigger the trap and thereby cause the trap to move from the set position toward the capture position.
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.
Claim(s) 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Walsh et al. 11,337,416.
In regard to claim 18, Walsh et al. disclose a pest capture device comprising a lower jaw member (22) having a floor (34), a wall portion (see cylindrical shaped wall extending upwardly from 34 in Fig. 1), and a sidewall (36-38, 40), the defining an opening (opening defined in the cylindrical shaped wall for receiving bait therein) extending from the floor (see Fig. 1), the wall portion encircling the opening (see Fig. 1) and extending upward from an upper surface of the floor (see Fig. 1), and the sidewall (36-38, 40) defining an external perimeter of the lower jaw member; a capture element (26) comprising an upper jaw member (26) configured to be coupled to the lower jaw member (via 28) such that the upper jaw member is movable relative to the lower jaw member between a set position (see Fig. 3) and a capture position (see Fig. 4), the upper jaw member having an upper wall (upper wall of 26 as shown in Fig. 1) with a surface area which is greater than 30% of a surface area of the floor of the lower jaw member (the surface areas of 26 and 22 are substantially the same as shown in Figs. 1, 3, 4, & 6 and thus the upper wall of 26 has a surface area which is about 100% of a surface area of the lower jaw member 22), the upper jaw member (26) configured to be coupled to an indicator for detecting pest capture and/or a cable tie (any exterior surface of 26 capable of being coupled to an indicator and/or a cable tie as claimed); a trigger plate (24) mounted to the lower jaw member (via 28) such that the trigger plate is disposed between the lower jaw member (22) and the upper jaw member (26; see Figs. 1, 3, 4), the trigger plate (24) defining an aperture through which the wall portion (see cylindrical shaped wall extending upwardly from 34 in Fig. 1) of the lower jaw member (22) can extend when the upper jaw member (26) is in the capture position (see Fig. 4); and a releasable catch mechanism (30) which is configured to be releasably coupled to the upper jaw member (at 29) and the trigger plate (24; end of 30 opposite of 29 is engaged with 24 in the set position as shown in Fig. 3) such that the releasable catch (30) restrains the upper jaw member in the set position until the trigger plate (24) is actuated (see Fig. 3), and such that actuation of the trigger plate (24) when the upper jaw member (26) is in the set position (see Fig. 3) releases the catch (30) to permit movement of the upper jaw (26) relative to the releasable catch (at 29 of 30) and the lower jaw (22; see Fig. 4).
In regard to claim 19, Walsh et al. disclose wherein the upper wall (upper wall of 26 as shown in Fig. 1) of the upper jaw member (26) defines an opening (see the opening adjacent the rear end of 26 in Figs. 3-4 which is adjacent 29) comprising a bar (see round protrusion of 26 which is received by 29 in Fig. 3) such that the bar is disposed within the opening (see Figs. 3-4).
In regard to claim 20, Walsh et al. disclose wherein the indicator (see longer lower finger of catch element 29 in Fig. 3; the indicator of the desired invention is not being particularly claimed in a manner which overcomes the Examiner’s broad yet reasonable interpretation of Walsh et al.) is coupled to the bar (see round protrusion of 26 which is received by the groove/notch of 29 in Fig. 3, wherein the longer lower finger catch element is coupled to the round protrusion of 26 which is received by 29 in Fig. 3; also the longer lower finger of catch element 29 is generally coupled to the round protrusion of 26 by interconnection of parts since the device in Figs. 3-4 are assembled together as a single operating unit) of the upper jaw member (26) such that movement of the upper jaw member from the capture position (see Fig. 3) to the set position (see Fig. 4) moves the indicator from a first position (see Fig. 3) to a second position (see Fig. 4).
Response to Arguments
Applicant’s arguments with respect to claim(s) 18-20 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
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 DARREN W ARK whose telephone number is (571)272-6885. The examiner can normally be reached M-F 8:30-5.
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, Kimberly Berona can be reached at (571) 272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DARREN W ARK/Primary Examiner, Art Unit 3647
DWA
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