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Claims 1-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group and Species, there being no allowable generic or linking claim.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.
Specification
The disclosure is objected to because of the following informalities:
Page 26, paragraph 0090, line 11, the term “opening 438” should be replaced with the term --opening 538--.
Appropriate correction is required.
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 Leyerle et al. 6,415,544.
In regard to claim 18, Leyerle et al. disclose a pest capture device comprising a lower jaw member (22) having a floor (56) defining an opening (106) and a sidewall (62,36,96,98) defining an external perimeter of the lower jaw member; a capture element (24) comprising an upper jaw member (24) configured to be coupled to the lower jaw member (via 32,78,80) such that the upper jaw member is movable relative to the lower jaw member between a set position (see Fig. 2) and a capture position (see Fig. 3), the upper jaw member having an upper wall (upper wall of 24) 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 24 and 22 are substantially the same as shown in Figs. 1, 4, & 5 and thus the upper wall of 24 has a surface area which is about 100% of a surface area of the lower jaw member 22), the upper jaw member (24) configured to be coupled to an indicator for detecting pest capture and/or a cable tie (any exterior surface of 24 capable of being coupled to an indicator and/or a cable tie as claimed; also first hook 42 of spring 28 can be interpreted as an indicator); a trigger plate (26,70) mounted to the lower jaw member (via 78,80) such that the trigger plate is disposed between the lower jaw member (22) and the upper jaw member (24; see Figs. 1-3); and a catch mechanism (see col. 4, lines 23-43) which restrains the upper jaw member in the set position until the trigger plate (26,70) is actuated.
In regard to claim 19, Leyerle et al. disclose wherein the upper wall (upper wall of 24) of the upper jaw member (24) defines an opening (slot 46) comprising a bar (short shaft 44) such that the bar is disposed within the opening (see Figs. 1-3).
In regard to claim 20, Leyerle et al. disclose wherein the indicator (first hook 42 of spring 28 or spring 28) is coupled to the bar of the upper jaw member such that movement of the upper jaw member from the capture position (see Fig. 3) to the set position (see Fig. 2) moves the indicator from a first position (see Fig. 3) to a second position (see Fig. 2).
Claim(s) 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Leyerle et al. 6,397,571.
In regard to claim 18, Leyerle et al. disclose a pest capture device comprising a lower jaw member (90) having a floor (floor of 90) defining an opening (82) and a sidewall (sidewall extending around the perimeter of 90 and having teeth thereon) defining an external perimeter of the lower jaw member; a capture element (88) comprising an upper jaw member (88) configured to be coupled to the lower jaw member (88 pivotally connected to 90) such that the upper jaw member is movable relative to the lower jaw member between a set position (see Figs. 1 & 3) and a capture position (when rodent actuates trigger 94), the upper jaw member having an upper wall 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 88 and 90 are substantially the same as shown in Figs. 1 & 3 and thus the upper wall of 88 has a surface area which is about 100% of a surface area of the lower jaw member 90), the upper jaw member (88) configured to be coupled to an indicator for detecting pest capture and/or a cable tie (any exterior surface of 88 capable of being coupled to an indicator and/or a cable tie as claimed; also upper end of spring 92 can be interpreted as an indicator); a trigger plate (94) mounted to the lower jaw member such that the trigger plate is disposed between the lower jaw member (90) and the upper jaw member (88; see Fig. 3); and a catch mechanism (catch mechanism inherently present to hold 88 in the set position until trigger 94 is actuated by the rodent and thereafter the spring 92 is free to move 88 toward 90 to catch the rodent) which restrains the upper jaw member in the set position until the trigger plate (94) is actuated.
In regard to claim 19, Leyerle et al. disclose wherein the upper wall (upper wall of 88) of the upper jaw member (88) defines an opening (see narrow opening extending through the upper wall of 88 in Fig. 1) comprising a bar (see the cylindrical shaped bar in Figs. 1 & 3 which receives one end of spring 92) such that the bar is disposed within the opening (see Figs. 1 & 3).
In regard to claim 20, Leyerle et al. disclose wherein the indicator (upper end of spring 92 in Fig. 3) is coupled to the bar of the upper jaw member such that movement of the upper jaw member from the capture position to the set position moves the indicator from a first position (upper end of 92 in the first position would be closer to 90 than in the second position representing the set position) to a second position (upper end of 92 is in the second position in Fig. 3 where the upper end of 92 is further away from 90 than in the capture position).
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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