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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 3 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 3 repeats the subject matter of claim 2. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claim(s) 2-4, 6-16, 21 are rejected under 35 U.S.C. 103 as being unpatentable over Kaye (US 2014/0026467) in view of Steele (US 8314566) and Liang (US 2010/0050499).
For claim 2, Kaye teaches a trap for capturing flies (abstract and figs.) comprising:
(a) a front wall (Fig. 2 and 3, 14 or alternatively elements 14 and 12’), a back wall (Fig. 3, 12”), and at least one opening on the front wall (opening created by louvres 26), the front wall and back wall defining an interior space (see Fig. 2-3), and the front wall comprising one or more baffles (louvres 26 or alternatively 24a-c) adjacent the at least one opening (Fig. 1-3);
(b) a first glueboard (18a, para 0043) mounted on the back wall inside of the interior space (see fig. 3);
(c) an light source (16a-c) mounted within the interior space (Fig. 1), the light source having elongate shape (see Fig. 1) and the light emanating from the light source be directed toward the at least one opening and the one or more baffles (see fig. 1 and 2, light directed outward at 26 is directed to both the opening and the baffle 26).
Kaye is silent about wherein the light source is an LED having a strip shape and comprising a plurality of LED lightbulbs mounted along the strip shape, and having a wavelength of light emanating from the LED light source being from about 240 nm to about 420 nm.
However LED light strips are well known technology. Steele teaches a light source including an LED having a strip shape and comprising a plurality of LED lightbulbs mounted along the strip shape (abstract, see for instance Fig. 19, LED strip 154, Col. 11, lines 54-60).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the light source of Kaye an LED strip, as taught by the LED strip lights of Steele, in order to produce a desired voltage, color, or concentration of light (overall description of Steele).
Liang teaches an insect trap including a light source producing a range of light from about 240 nm to about 420 nm (see abstract, 360-420).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the light source of Kaye within the above wavelength range, as taught by Liang, in order to effectively lure insects to the trap.
For claim 3, modified Kaye further teaches wherein the LED light source comprises a plurality of LED light sources each having a strip shape (see Steele, strip 154).
For claim 4, modified Kaye further teaches wherein the trap is configured to be mounted to a wall (can be mounted to a wall by a user in any desired manner).
For claim 6, modified Kaye further teaches further comprising a power source (lights of Kaye must include some sort of power source).
For claim 7, modified Kaye is silent about wherein the power source is a battery.
It would have been an obvious to one having ordinary skill in the art at the time the invention was filed as substitution of functional equivalent to substitute the power source of modified Kaye with a battery, in order to remotely power the trap and since a simple substitution of one known element for another would obtain predictable results. KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
For claim 8, modified Kaye is silent about wherein the power source is an electric cord configured to attach to a power outlet.
It would have been an obvious to one having ordinary skill in the art at the time the invention was filed as substitution of functional equivalent to substitute the power source of modified Kaye with a power outlet, in order to continuously power the trap and since a simple substitution of one known element for another would obtain predictable results. KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
For claim 9, modified Kaye further teaches further comprising side walls connecting the front wall and the back wall (sides of the trap).
For claim 10, modified Kaye further discloses wherein the LED light source is mounted to at least one of the side walls (see Kaye, 16a-c mount to the sides).
For claim 11, modified Kaye is silent about wherein the glueboard is replaceable.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the glue board replacable, in order replace the board and catch more insects and since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
For claim 12, modified Kaye is silent about wherein the glueboard is removable.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the glue board removable, in order replace the board and catch more insects and since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
For claim 13, modified Kaye is silent about wherein the first glueboard is a color selected from the group consisting of white and black.
It would have been an obvious to one having ordinary skill in the art at the time the invention was filed as matter of design choice to make the glue board white or black, to trap insects, since the court found that matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art. In re Seid 161 F. 2d 229, 73 USPQ 431 (CCPA 1947) and applicant has no criticality for the color (applicant's specification states the glueboard maybe any color).
For claim 14, modified Kaye further discloses wherein the front wall is moveable (see Fig. 2).
For claims 15-16, modified Kaye is silent about wherein the LED light source is low voltage, wherein the voltage is less than 50 V.
it would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the LEDs of modified Kaye low voltage with a voltage of less than 50 V, in order reduce the amount of power needed for the lamps and provide a safe yet effective luring light, and since it has been held that where routine testing and general experimental conditions are present, discovering the optimum or workable ranges until the desired effect is achieved involves only routine skill in the art. In re Aller, 105 USPQ 233. It is noted that applicant's disclosure lacks any criticality to the claimed range.
For claim 21, modified Kaye further teaches wherein first order light emitted directly from the LED light source comprises a first portion directed through the at least one opening and a second portion directed towards the one or more baffles (see figs. 1-2, light directly from 16b of Kaye points toward the baffle 26 and a second portion points through the opening out of the trap).
Response to Arguments
Applicant's arguments filed 07/29/2026 have been fully considered but they are not persuasive.
Applicant argued (in reference to claim 3) that the claim has been amended to void the 112d rejections.
This is not found persuasive because claim 3 remains a mere repetition of subject matter found in claim 2.
Applicant argued that “Kaye neither discloses such a strip-shaped LED light source nor addresses the arrangement and orientation of discrete LEDs relative to the openings and baffles of the trap.”
In response to applicant’s argument, it is noted that Kaye is not relied upon to teach the LED strip as these limitations are taught by Steele. The office notes that Kaye does however teach the arrangement of a light source in a trap such that that light source is directed to both baffles and the opening of the trap. Notably look at fig. 1 and 2 of Kaye a cylindrical light source (16a, b, c) directs light at 360 degrees there around. Accordingly, an amount of that light is directed at the opening and baffles (26 and opening therebetween). The claim does not require the light to only emit in this direction, merely that it “comprises” light in this direction.
Applicant further argued that Steele “does not explain how an LED strip should be selected, positioned, or oriented within an insect trap SO that the emitted LED light is directed toward both the front opening and the adjacent baffles. Moreover, the references do not provide a reason why one of ordinary skill in the art would have replaced Kaye's fluorescent UV lamps with Steele's LED-strips. A fluorescent lamp and a strip-shaped LED light source do not have the same light-emission characteristics. Kaye relies on reflectors positioned behind its lamps and a translucent cover having openings or angled louvers to maximize UV emission from the trap while limiting direct visibility of the lamps. Kaye at " [0022], [0027]-[0028], and [0043]-[0044]…. Replacing the tubes would therefore require further design choices concerning the placement and orientation of the LEDs and their relationship to Kaye's openings, louvers, and reflectors. ”
In response to applicant’s argument the office notes that Steele is not relied upon for the arrangement of light toward the baffles or opening as this arrangement has already been taught by Kaye. The addition of Steele is merely replacing one well-known lighting source with another well-known lighting source.
Applicant’s further argument that changing the light source of Kaye with the strips of Steele requires further design choices concerning placement and arrangement is not found persuasive since the cylindrical light 16 a, b, c of Kaye would merely be swapped out with the cylindrical light (fig. 17 or fig. 19) of Steele. This is a mere replacement of one known cylindrical bulb with another. The bulb of Steele (see fig. 17 or 19) provides a cylindrical lighting element with light emitted there around in the same manner as the light source of Kaye. Accordingly, it would work with the baffles and reflectors of Kaye in the same manner as the original fluorescent lamp.
A substitution of one known element for another would obtain predictable results. KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
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 MAGDALENA TOPOLSKI whose telephone number is (571)270-3568. The examiner can normally be reached M-F 9-5.
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/MAGDALENA TOPOLSKI/Primary Examiner, Art Unit 3642
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