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Claims 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Group, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 10/27/2025.
Applicant's election with traverse of Group I in the reply filed on 10/27/2025 is acknowledged. The traversal is on the ground(s) that “Applicant traverses the restriction requirement on the basis that the USPTO has not demonstrated a serious search burden.”. This is not found persuasive because the inventions of Groups I and II are not commensurate in scope and therefore each of Groups I and II requires a search that is not necessarily required in the search of the other of Groups I and II. If applicants are traversing on the ground that the inventions are not patentably distinct, applicants should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
The information disclosure statement filed 02/13/2025 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered. In particular, there are no copies of any of the non-patent literature cite numbers 2-46.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “the multi-funnel trap can have up to 16 funnels” (see claim 2) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Page 5, paragraph 00014, line 1, the phrase “In a fifth aspect, the components of a cost-effective operational kissing bug trap assembly include seven key embodiments” is unclear since the term “embodiments” is conventionally used to describe variations/versions/species of an invention but not the actual parts of the invention as it appears that this term was attempted to be used in the phrase in question and possibly the term in question should be replaced with the term --components--;
Page 6, paragraph 00019, lines 3-4, the phrase “light controller unit with battery mounted below the lid for protection from rain (70)” is unclear since it does not appear that applicants intention was to denote the rain with a reference number and that instead the phrase should be rewritten as -- light controller unit with battery (70) mounted below the lid for protection from rain--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 6 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. The specification and figures do not disclose the “diode or diodes can emit electromagnetic radiation selected from wavelengths ranging from 100 nm to 1 mm” and that this range represents the entire range of optical radiation wavelengths. While the specification does mention certain wavelengths of light used in some of the prior art devices to attract the target species, the present specification fails to disclose any particular wavelengths of light emitted by the diode with respect to the desired invention and much less that the diodes can emit light throughout this entire range of optical radiation wavelengths in order to attract the targeted pest species of kissing bugs (Hemiptera: Reduviidae).
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 1-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: at least one funnel; a light source; a solar panel; a battery, a photocell sensor and switch; a supporting structure; and an angle bracket (the merely listing of the parts/components of the multi-funnel trap fails to establish the basis structural relationship of the parts/components with respect to each other).
Claims 1-14 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 1, the preamble “A composition for trapping flying adult kissing bugs, comprising seven embodiments” renders the claims vague and indefinite since the term “embodiments” is conventionally used to describe variations/versions/species of an invention but not the actual parts of the invention as it appears that this term was attempted to be used in the phrase in question and possibly the term in question should be replaced with the term --components-- in order to better set forth the desired invention.
In regard to claim 2, the phrase “wherein the multiple-funnel trap can have up to 16 funnels” renders the claim vague and indefinite since the term “16 funnels” fails to positively refer back to and further modify the previously recited term “at least one funnel” of claim 1.
In regard to claim 3, the term “the collecting cup” lacks positive antecedent basis.
In regard to claim 6, the phrase “diode or diodes can emit electromagnetic radiation selected from wavelengths ranging from 100 nm to 1mm” renders the claim vague and indefinite since this range represents the entire range of optical radiation wavelengths. While the specification does mention certain wavelengths of light used in some of the prior art devices, the specification fails to disclose any particular wavelengths of light emitted by the diode with respect to the desired invention. Therefore, the metes and bounds of the patent protection sought with respect to the wavelength of light emitted by the diodes is not clearly defined.
In regard to claim 6, the term “the light emitting diode or diodes” lacks positive antecedent basis since the term “one or more light emitting diodes” was previously recited in claim 5.
In regard to claims 7 and 9, the terms “said light emitting diode or diodes” lack positive antecedent basis.
In regard to claim 13, this claim improperly depends from claim 14 and should instead depend from claim 12.
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) 1, 5-7, 10, and 12-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jobin et al. 5,301,456.
In regard to claim 1, Jobin et al. disclose a composition for trapping flying adult kissing bugs, comprising a funnel trap comprised of at least one funnel (64); a light source (82 or two colour light emitting diode 100 which can emit green or red light); a solar panel (see col. 6, line 64 to col. 7, line 4); a battery (see col. 6, line 64 to col. 7, line 4); a photocell sensor (70) and switch (day/night detector 74 accepts signal from photocell and once the darkness threshold has passed it will activate the circuit causing clock 76 to commence operation) serving to activate the trap at dusk only at a certain threshold of darkness (see col. 2, lines 33-36 & col. 4, lines 36-46); a supporting structure (hook 32 or the tree by which 32 suspends the trap from a suitable support such as a tree branch); and an angle bracket (32 for suspending the trap from a suitable support such as a tree branch; the tree branch extends laterally outward from the trunk of the tree at an angle thereto).
In regard to claim 5, Jobin et al. disclose wherein the light source (100) can be one or more light emitting diodes (LED 100).
In regard to claim 6, Jobin et al. disclose wherein the light emitting diode (LED 100) or diodes can emit electromagnetic radiation selected from wavelengths ranging from 100 nm to 1 mm (two colour light emitting diode 100 which can emit green or red light which is visible to the user in order to indicate the battery state to the user).
In regard to 7, Jobin et al. disclose wherein the solar panel is capable of generating enough electricity to power said light emitting diode or diodes for an entire night (power source is preferably a 6 volt lantern dry cell battery 68 and tests have shown that an alkaline battery will provide 38 days of effective operation with the trap operating for about 4 hours each night [see col. 4, lines 19-27] and that battery life could be extended by using solar cells in combination with a rechargeable battery, the electricity generated by the solar cells being used to keep the battery charged [see col. 6, line 64 to col. 7, line 4]; the device of Jobin et al. is capable of at least 4 hours of operation each night and locations such as Sweden, Norway, Finland and Iceland have approximately 4 hour nights during the summer months).
In regard to claim 10, Jobin et al. disclose wherein the supporting structure can be made of wood (hook 32 or the tree by which 32 suspends the trap from a suitable support such as a tree branch).
In regard to claim 12, Jobin et al. disclose wherein the angle bracket (32 for suspending the trap from a suitable support such as a tree branch) is affixed to the supporting structure (hook 32 or the tree by which 32 suspends the trap from a suitable support such as a tree branch, wherein the curvature of hook 32 serves to secure it to the tree branch and tree).
In regard to claim 13, Jobin et al. disclose wherein said multiple-funnel trap (10) is suspended from said angle bracket (32 for suspending the trap from a suitable support such as a tree branch; the tree branch extends laterally outward from the trunk of the tree at an angle thereto).
In regard to claim 14, Jobin et al. disclose wherein the captured kissing bugs are in the Order Hemiptera, Family Reduviidae, Subfamily Triatominae (light source 82 comprises a tubular lamp, commercially available in a variety of colours. Typically it is possible to utilize miniature fluorescent lamps capable of emitting white, blue, green, or ultra violet light, the choice of lamp depending on the species of insect(s) to be trapped; see col. 4, lines 47-58; Order Hemiptera insects are attracted to UV light).
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jobin et al. 5,301,456 in view of Wakarchuk 2017/0238522 or Lindgren 4,471,563 or SK 5055-2014 to Galko.
In regard to claim 2, Jobin et al. does not disclose wherein the multiple-funnel trap can have up to 16 funnels. Wakarchuk discloses a multi-funnel trap which can have 5 funnels (20a-e) and that the funnels 20 may be positioned in series comprising any number of funnels to suit the requirements of the user (see para. 0055). Lingren discloses a multi-funnel trap which can have at least 8 funnels and that the number of funnels required to create the image of a vertical silhouette, making the trap further selective for insects that utilize trees as host material for their brood, however, other insects may be caught occasionally, since the trap may be used as a resting site (see col. 3, lines 5-13; kissing bugs inhabit trees for shelter). Galko discloses a multi-funnel trap which can have at least 4 funnels and that it is preferred that there are more trapping funnels and it is optimal if there are twelve of them. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the multiple-funnel trap of Jobin et al. such that it has up to 16 funnels in view of Wakarchuk, Lingren, or Galko in order to extend the length of the trap as desired by the user for purposes of utilizing the available vertical space in the deployment area so that the trap is effectively placed at the desired heights to optimize trapping of the flying insects by intercepting them in the vertical airspace during flight and to simulate a taller tree that the flying insects may gravitate towards as a visual target.
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jobin et al. 5,301,456 in view of Wakarchuk 2017/0238522.
In regard to claims 3-4, Jobin et al. discloses that if the insects are to be killed then the collecting cup/container (18) can be provided with a suitable toxin, such as insecticide strip (92) show in chain-dotted lines in Fig. 2, but does not disclose wherein the collecting cup of said multiple-funnel trap contains a non-toxic preservative which can be propylene glycol. Wakarchuk discloses a multiple-funnel trap wherein collecting cup (40) of said multiple-funnel trap contains a non-toxic preservative which can be propylene glycol (see para. 0056). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the collecting cup of Jobin et al. such that it contains a non-toxic preservative which can be propylene glycol in view of Wakarchuk in order to utilize an alternative means for killing the insects by drowning instead of poisoning so as to avoid harming other non-target species and the surrounding deployment environment of the trap in the event that the contents of the collection cup are spilled or inadvertently dispersed.
Claim(s) 5, 6, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jobin et al. 5,301,456 in view of JP 2020-28266 to Shimoda et al.
Alternatively in regard to claims 5 and 9, Jobin et al. disclose light source (82) comprising a tubular lamp and that typically it is possible to utilize miniature fluorescent lamps, but does not disclose wherein the light source can be one or more light emitting diodes. Shimoda et al. disclose a funnel trap (2, 21) comprising a light source (13) which can be one or more light emitting diodes (the light source 13 is not particularly limited, such as an LED light source and a fluorescent light source. However, in general, a light source having high luminance, strong directivity and different directivity can be variously selected. An LED light source is preferably used because it can be selected, and as a result, it can be more strongly attracted), wherein here, the stink bugs refer to all terrestrial insects among the insects belonging to the order Hemiptera. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the light source of Jobin et al. such that it is one or more light emitting diodes in view of Shimoda et al. in order to utilize a light source that has high luminance, strong directivity and different directivity for effectively trapping the targeted insects and to utilize a light source that is more rugged and can withstand rough and harsh usage conditions.
In regard to claim 6, Jobin et al. and Shimoda et al. disclose wherein the light emitting diode or diodes can emit electromagnetic radiation selected from wavelengths ranging from 100 nm to 1 mm (ultraviolet light of Jobin et al.; ultraviolet light and more specifically 370-400nm & 454 nm of Shimoda et al.).
Also in regard to claim 9, Jobin et al. and Shimoda et al. disclose wherein the photocell sensor (70 of Jobin et al.) and switch (74, 76 of Jobin et al.) can turn on said light emitting diode or diodes (LED light source 13 of Shimoda et al.) at the onset of darkness and turn off said light emitting diode or diodes at the onset of daylight (see col. 2, lines 33-36 & col. 4, lines 36-46 of Jobin et al.).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jobin et al. 5,301,456 in view of Park et al. 2013/0204581.
In regard to claim 8, Jobin et al. discloses a rechargeable battery, but does not disclose wherein the battery is a lithium battery. Park et al. disclose a funnel trap (60) comprising a solar panel (72) and a battery (EIMD 12 may draw power from a number of D-type rechargeable batteries or a number of lithium ion phosphate rechargeable batteries; see para. 0055) recharged by the solar panel. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the battery of Jobin et al. such that it is a lithium battery in view of Park et al. in order to utilize a common off-the-shelf battery which is known to hold charge well over repeated cycling of discharge and recharge.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jobin et al. 5,301,456 in view of Caldwell 4,557,069.
In regard to claim 11, Jobin et al. do not disclose wherein the supporting structure can be made of metal. Caldwell discloses wherein the supporting structure (metal support rod 90) can be made of metal. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the support of Jobin et al. such that it is made of metal in view of Caldwell in order to utilize a support made of a very strong material that can withstand wind forces or other external forces that may attempt to dislodge the support from the deployment location.
Claim(s) 1, 5-7, 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jobin et al. 5,301,456 in view of CN 215936022 to Han.
In regard to claim 1, Jobin et al. disclose a composition for trapping flying adult kissing bugs, comprising a funnel trap comprised of at least one funnel (64); a light source (82 or two colour light emitting diode 100 which can emit green or red light); a solar panel (see col. 6, line 64 to col. 7, line 4); a battery (see col. 6, line 64 to col. 7, line 4); a photocell sensor (70) and switch (day/night detector 74 accepts signal from photocell and once the darkness threshold has passed it will activate the circuit causing clock 76 to commence operation) serving to activate the trap at dusk only at a certain threshold of darkness (see col. 2, lines 33-36 & col. 4, lines 36-46); a supporting means (hook 32), but does not disclose a supporting structure and an angle bracket. Han discloses a trap (20-23, 30) comprising a light source (23), a solar panel (11), a supporting structure (10), and an angle bracket (see generally inverted L-shaped bracket in Fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the trap of Jobin et al. such that it comprises a supporting structure and an angle bracket in view of Han in order to provide the user with a means for supporting the trap independently of any tree so that the trees are not damaged or in the event that either there are no trees available for supporting the trap or the existing trees are not capable of supporting the trap.
In regard to claim 5, Jobin et al. disclose wherein the light source (100) can be one or more light emitting diodes (LED 100).
In regard to claim 6, Jobin et al. disclose wherein the light emitting diode (LED 100) or diodes can emit electromagnetic radiation selected from wavelengths ranging from 100 nm to 1 mm (two colour light emitting diode 100 which can emit green or red light which is visible to the user in order to indicate the battery state to the user).
In regard to 7, Jobin et al. disclose wherein the solar panel is capable of generating enough electricity to power said light emitting diode or diodes for an entire night (power source is preferably a 6 volt lantern dry cell battery 68 and tests have shown that an alkaline battery will provide 38 days of effective operation with the trap operating for about 4 hours each night [see col. 4, lines 19-27] and that battery life could be extended by using solar cells in combination with a rechargeable battery, the electricity generated by the solar cells being used to keep the battery charged [see col. 6, line 64 to col. 7, line 4]; the device of Jobin et al. is capable of at least 4 hours of operation each night and locations such as Sweden, Norway, Finland and Iceland have approximately 4 hour nights during the summer months).
In regard to claim 12, Jobin et al. and Han disclose wherein the angle bracket (see generally inverted L-shaped bracket in Fig. 1 of Han) is affixed to the supporting structure (10 of Han).
In regard to claim 13, Jobin et al. and Han disclose wherein said multiple-funnel trap (10 of Jobin et al.; 20-23, 30 of Han) is suspended from said angle bracket (see generally inverted L-shaped bracket in Fig. 1 of Han).
In regard to claim 14, Jobin et al. disclose wherein the captured kissing bugs are in the Order Hemiptera, Family Reduviidae, Subfamily Triatominae (light source 82 comprises a tubular lamp, commercially available in a variety of colours. Typically it is possible to utilize miniature fluorescent lamps capable of emitting white, blue, green, or ultra violet light, the choice of lamp depending on the species of insect(s) to be trapped; see col. 4, lines 47-58; Order Hemiptera insects are attracted to UV light).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jobin et al. 5,301,456 in view of CN 215936022 to Han as applied to claim 1 above, and further in view of Wakarchuk 2017/0238522 or Lindgren 4,471,563 or SK 5055-2014 to Galko.
In regard to claim 2, Jobin et al. does not disclose wherein the multiple-funnel trap can have up to 16 funnels. Wakarchuk discloses a multi-funnel trap which can have 5 funnels (20a-e) and that the funnels 20 may be positioned in series comprising any number of funnels to suit the requirements of the user (see para. 0055). Lingren discloses a multi-funnel trap which can have at least 8 funnels and that the number of funnels required to create the image of a vertical silhouette, making the trap further selective for insects that utilize trees as host material for their brood, however, other insects may be caught occasionally, since the trap may be used as a resting site (see col. 3, lines 5-13; kissing bugs inhabit trees for shelter). Galko discloses a multi-funnel trap which can have at least 4 funnels and that it is preferred that there are more trapping funnels and it is optimal if there are twelve of them. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the multiple-funnel trap of Jobin et al. such that it has up to 16 funnels in view of Wakarchuk, Lingren, or Galko in order to extend the length of the trap as desired by the user for purposes of utilizing the available vertical space in the deployment area so that the trap is effectively placed at the desired heights to optimize trapping of the flying insects by intercepting them in the vertical airspace during flight and to simulate a taller tree that the flying insects may gravitate towards as a visual target.
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jobin et al. 5,301,456 in view of CN 215936022 to Han as applied to claim 1 above, and further in view of Wakarchuk 2017/0238522.
In regard to claims 3-4, Jobin et al. discloses that if the insects are to be killed then the collecting cup/container (18) can be provided with a suitable toxin, such as insecticide strip (92) show in chain-dotted lines in Fig. 2, but does not disclose wherein the collecting cup of said multiple-funnel trap contains a non-toxic preservative which can be propylene glycol. Wakarchuk discloses a multiple-funnel trap wherein collecting cup (40) of said multiple-funnel trap contains a non-toxic preservative which can be propylene glycol (see para. 0056). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the collecting cup of Jobin et al. such that it contains a non-toxic preservative which can be propylene glycol in view of Wakarchuk in order to utilize an alternative means for killing the insects by drowning instead of poisoning so as to avoid harming other non-target species and the surrounding deployment environment of the trap in the event that the contents of the collection cup are spilled or inadvertently dispersed.
Claim(s) 5, 6, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jobin et al. 5,301,456 in view of CN 215936022 to Han as applied to claim 1 above, and further in view of JP 2020-28266 to Shimoda et al.
Alternatively in regard to claims 5 and 9, Jobin et al. disclose light source (82) comprising a tubular lamp and that typically it is possible to utilize miniature fluorescent lamps, but does not disclose wherein the light source can be one or more light emitting diodes. Shimoda et al. disclose a funnel trap (2, 21) comprising a light source (13) which can be one or more light emitting diodes (the light source 13 is not particularly limited, such as an LED light source and a fluorescent light source. However, in general, a light source having high luminance, strong directivity and different directivity can be variously selected. An LED light source is preferably used because it can be selected, and as a result, it can be more strongly attracted), wherein here, the stink bugs refer to all terrestrial insects among the insects belonging to the order Hemiptera. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the light source of Jobin et al. such that it is one or more light emitting diodes in view of Shimoda et al. in order to utilize a light source that has high luminance, strong directivity and different directivity for effectively trapping the targeted insects and to utilize a light source that is more rugged and can withstand rough and harsh usage conditions.
In regard to claim 6, Jobin et al. and Shimoda et al. disclose wherein the light emitting diode or diodes can emit electromagnetic radiation selected from wavelengths ranging from 100 nm to 1 mm (ultraviolet light of Jobin et al.; ultraviolet light and more specifically 370-400 nm & 454 nm of Shimoda et al.).
Also in regard to claim 9, Jobin et al. and Shimoda et al. disclose wherein the photocell sensor (70 of Jobin et al.) and switch (74, 76 of Jobin et al.) can turn on said light emitting diode or diodes (LED light source 13 of Shimoda et al.) at the onset of darkness and turn off said light emitting diode or diodes at the onset of daylight (see col. 2, lines 33-36 & col. 4, lines 36-46 of Jobin et al.).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jobin et al. 5,301,456 in view of CN 215936022 to Han as applied to claim 1 above, and further in view of Park et al. 2013/0204581.
In regard to claim 8, Jobin et al. discloses a rechargeable battery, but does not disclose wherein the battery is a lithium battery. Park et al. disclose a funnel trap (60) comprising a solar panel (72) and a battery (EIMD 12 may draw power from a number of D-type rechargeable batteries or a number of lithium ion phosphate rechargeable batteries; see para. 0055) recharged by the solar panel. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the battery of Jobin et al. such that it is a lithium battery in view of Park et al. in order to utilize a common off-the-shelf battery which is known to hold charge well over repeated cycling of discharge and recharge.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jobin et al. 5,301,456 in view of CN 215936022 to Han as applied to claim 1 above, and further in view of Caldwell 4,557,069.
In regard to claim 10, Jobin et al. and Han do not disclose wherein the supporting structure can be made of wood. Caldwell discloses wherein the supporting structure can be made of wood (wooden support 42). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the support structure of Jobin et al. and Han such that it is made of wood in view of Caldwell in order to provide a material for the supporting structure which is strong yet readily available and inexpensive to acquire.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jobin et al. 5,301,456 in view of CN 215936022 to Han as applied to claim 1 above, and further in view of Caldwell 4,557,069.
In regard to claim 11, Jobin et al. and Han do not disclose wherein the supporting structure can be made of metal. Caldwell discloses wherein the supporting structure (metal support rod 90) can be made of metal. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the support of Jobin et al. such that it is made of metal in view of Caldwell in order to utilize a support made of a very strong material that can withstand wind forces or other external forces that may attempt to dislodge the support from the deployment location.
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.
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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