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 .
This is the first Office Action on the merits. Claims 1-3 and 5 are currently pending, with claim 5 withdrawn from consideration and claims 1-3 considered.
Election/Restrictions
Claim 5 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 09/29/2025.
Claim Objections
Claims 1-3 are objected to because of the following informalities: please fix the spacing between words. For example, claim 1, line 1, “anelevated” should read “an elevated”, line 3, “andbottom” should read “and bottom”, line 7, “thebracket” should read “the bracket”. 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shope (US 10492485 B1), hereafter referred to as “Shope”.
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Annotated and Truncated Figure 1 of Shope.
Regarding claim 1, Shope discloses a trap-holding bracket for holding leg-hold and body-gripping type traps on an elevated support (figs. 1-11 and claim 1), the trap-holding bracket comprising:
a generally box-shaped bracket body (10) comprising a top wall (22), a bottom wall (24), a front end wall (26), and a rear end wall (28) defining a hollow interior (20, fig. 1);
vertical stake support apertures (30) formed in vertical alignment through the top and bottom walls (figs. 1-2; col. 3, lines 57-65), the vertical stake support apertures configured to allow a stake (P; fig. 1) to be inserted vertically through the hollow interior of the bracket body (as best shown in fig. 1);
a horizontal opening (34) in the rear end wall of the bracket body (fig. 1 showing 34 located on 28) configured to allow a stake-engaging member (36; figs. 1-2) to be inserted horizontally through the rear end wall to lock the bracket in place on the stake (fig. 2);
horizontal tab arms (50; fig. 1) extending horizontally from sides of the top and bottom walls (fig. 1) to define sets of vertically-spaced and vertically-aligned horizontal jaw slots (54; fig. 1) outwardly of the hollow body on each side of the hollow body (as best shown in fig. 1), the horizontal tab arms configured to receive and hold inner wire ends of a body-holding trap in their inwardly-pressed set position (fig. 3; col. 5, lines 35-51);
a generally L-shaped vertical tab arm (150; fig. 4) extending vertically above the front end wall (best shown in fig. 5, see also figs. 1-2, 4) and defining an open-ended lateral slot (best shown in fig. 4) configured to receive an outer base end of a leghold trap with a lateral sliding motion (figs. 1-2, 4-5);
and, wherein, the rear end wall comprises a notch opening onto each side edge thereof (see annotated fig. 1 above), and the front end wall comprises a notch opening (27; fig. 4) onto each side edge thereof (fig. 4), the notches sized to receive wire jaw ends of a conibear trap (fig. 4; col. 4, lines 41-44), and the inner edges of the notches in the front and rear end walls aligned in parallel with each other (refer to annotated fig. 1 above showing that edge of the notch of element 28 is parallel to the inner edge of the element 27).
Regarding claim 2, Shope discloses the trap-holding bracket of claim 1, and further discloses wherein the vertical stake support apertures (30; fig. 4) comprise forward edges (32; fig. 4) configured to receive forward edges of stakes of different shape and/or size in a secure fit (figs. 2-4 showing that elements 30 and 32 would be able to securely receive stakes of different shapes and/or sizes).
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Shope as applied to claim 1 above, and further in view of Chandler (US 2208358 A), hereafter referred to as “Chandler”.
Regarding claim 3, Shope teaches the trap-holding bracket of claim 1, and further teaches an adapter plate (300, 310) configured to fit over the bracket (10; fig. 8A showing 300. 310 fitting over a portion of 10) and partially cover the notches in the front end wall with a front adapter wall (310; a viewing angle in which a portion of 310 obstructs 27, but does not explicitly teach the adapter plate to fully cover and extend beyond the notches in the rear end wall with a rear adapter wall, the rear adapter wall including notches in side edges thereof configured to be aligned with the partially covered notches in the front end wall of the bracket.
Chandler teaches a bracket (12; figs. 1-3) and an adapter plate (11), with a rear adapter wall (11), the rear adapter wall including notches in side edges thereof (14 forming a notch in both 13 and 24; fig. 2).
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 bracket of Shope such that the adapter plate includes a rear end wall including notches in side edges thereof, as taught by Chandler, in order to further improve the securement of the bracket and the stake (in this case, providing an additional plate over the bracket at the rear end wall with the notch would provide a more fitted opening for the stake, mitigating the trap from being misaligned on the stake).
The combined teachings of Chanlder in view of Shope would result in the adapter plate to fully cover and extend beyond the notches in the rear end wall, the rear adapter wall including the notches configured to be aligned with the partially covered notches in the front end wall of the bracket.
Conclusion
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
/PETER M POON/Supervisory Patent Examiner, Art Unit 3643