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 .
Drawings
Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-5, 12, 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Djukastein (US Pat. 6,283,064 B1) in view of Sabine (US Pub. 2013/0042544 A1).
Regarding claim 1, Djukastein discloses a bird perch deterrent system comprising:
a platform (Fig. 3, portion proximate to aperture 12);
a protrusion fixed with the platform, the protrusion including: a wall extended from the platform in a normal direction, and along the platform in a longitudinal direction substantially perpendicular to the normal direction; and a crossmember fixed along the wall in the longitudinal direction, and extended from the wall in a lateral direction substantially perpendicular to the longitudinal direction and the normal direction, wherein the crossmember extends from an end of the wall opposite the platform in the normal direction (Fig. 3, base 4 comprises a wall extending normally from the platform, then crossing over to an adjoining wall on the other side of the device).
However, Djukastein fails to disclose as taught by Sabine, similarly drawn to a bird repellent system, a finger fixed with the protrusion, wherein the finger extends from the protrusion and the platform in the normal direction (Fig. 1A, tubular projection 14, shaft 10).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the bird perch deterrent system of Djukastein to include the finger fixed with a protrusion as taught by Sabine for improved bird deterrence as the spike would better prevent birds from landing on the surface.
Regarding claim 2, Djukastein in view of Sabine discloses the claimed invention in addition to as taught by Djukastein, wherein the platform includes a first planar member and a second planar member that extend in the longitudinal direction and the lateral direction (Fig. 1, each side of the strip 2 comprises a platform), the wall is a first wall fixed with the first planar member (Fig. 1, the wall is integral with the platform), the protrusion includes a second wall fixed with the second planar member (An identical wall is formed on the opposing side), and the crossmember connects the first wall and the second wall at opposite ends of the crossmember in the lateral direction (Fig. 1, a member connects the two walls).
Regarding claim 3, Djukastein in view of Sabine discloses the claimed invention in addition to as taught by Sabine, wherein the finger is integrally formed with the crossmember (Fig. 1A, projection 14, shaft 10 is integrally formed with base 16), the crossmember and the finger form a continuous bent profile (Fig. 1A, the projection appears to be bent relative to the base), the crossmember forms the bent profile in the longitudinal direction, and the finger forms the bent profile in the normal direction (See Fig. 1A).
Regarding claim 4, Djukastein in view of Sabine discloses the claimed invention in addition to as taught by Sabine, wherein at the crossmember, the bent profile extends away from the wall and the platform in the normal direction, and is curved or angled in the normal direction (Fig. 1A, the projection extends away from the platform in the normal direction).
Regarding claim 5, Djukastein in view of Sabine discloses the claimed invention in addition to as taught by Djukastein, wherein the crossmember defines a window through the protrusion in the normal direction (Fig. 1, strip 2 comprises a plurality of cut-outs), the platform defines a slot that is a through hole extended in the normal direction (Fig. 1, aperture 12), and the window and the slot are defined in a same position in the longitudinal direction (Fig. 1, these two openings are aligned in some instances).
Regarding claim 12, Djukastein in view of Sabine discloses the claimed invention in addition to as taught by Djukastein and Sabine, wherein the platform, the wall, the crossmember, and the finger are integrally formed with each other (The platform, wall, and crossmember of Djukastein are integrally formed. The projection of Sabine is also integrally formed with the crossmember).
Regarding claim 18, Djukastein in view of Sabine discloses the claimed invention in addition to as taught by Sabine, wherein the finger is fixed to the protrusion through a threaded, press-fit, or snap-fit connection, and the system further comprises a catch mechanism that locks the finger in the threaded, press-fit, or snap-fit connection with the protrusion (Fig. 2, shaft 10 is friction fit into 14 tubular projection 14).
Regarding claim 19, Djukastein in view of Sabine discloses the claimed invention in addition to as taught by Sabine, wherein the finger is a first finger, and the system further comprises: a second finger extended from the platform and the protrusion in the normal direction, wherein the second finger is spaced from the first finger along the crossmember in the longitudinal direction (Fig. 4A, a plurality of protrusions is contemplated);
and a strap extended around the second finger, the protrusion, and the platform in the normal direction and the lateral direction (Abstract, lines 13-15: “The shaft base can be securely fastened to the tower structure with screws, cords, nails, straps and/or magnets”. See also figure 4A).
Allowable Subject Matter
Claim(s) 6-11, 13-17, 20 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY HOOPER MUDD whose telephone number is (571)272-5941. The examiner can normally be reached Monday-Friday 8am-5pm.
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/HENRY HOOPER MUDD/Examiner, Art Unit 3642
/JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642
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