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 Claims 1-20 are currently pending, with claims 5 and 20-22 are withdrawn from consideration and claims 1-4, 6-19, and 23-25 are considered.
Election/Restrictions
Applicant's election with traverse of Species A in the reply filed on 03/10/2026 is acknowledged. The traversal is on the grounds that the species identified are not distinct inventions that would require separate searches and examinations as they “merely represent different embodiments or implementations of the same underlying system”. This is not found persuasive because while the species may include similar elements, they operate under different principles (e.g., Species A utilizes siphoning based on the placement of the “suck component” and “extension component”, which is different from Species B, C, D, and E, which all utilize passive communicating vessel principles).
The requirement is still deemed proper and is therefore made FINAL.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: “Hummingbird Feeder and Camera System” or “Hummingbird Feeder and Image Shooting System”.
Claim Objections
The claims are objected to because of the following informalities: the claims appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors. For example, in claim 1, “the suck component being used for suck of a hummingbird” should be corrected.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
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.
Claims 1-4, 6-19, and 24-25 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 1 is indefinite because it is unclear what is being required in the following recitation: “the extension component being used for extending the suck component to a designated shooting position opposite to the camera for the camera to capture an image of the hummingbird in a pre-set area according to shooting requirements when the hummingbird is sucking sugar water; wherein the image of the hummingbird comprises: at least one of the hummingbird, the suck component, and the extension component”. It is unclear if applicant is attempting to positively recite the image. One of ordinary skill in the art would not be able to reasonably ascertain the metes and bounds of the claimed subject matter. Claims 2-3 are similarly indefinite.
Claim 3 is indefinite because it is unclear which limitations are included in the conditional statement, especially in view of the formatting, spacing, and punctuation. Is claim 3 stating:
Interpretation I: “the suck component is provided with a water storing bladder, and the suck port communicates with the water storing bladder” or “the water storing bladder independently stores water” or “the water storing bladder is connected to a water tank, and the water tank supplies the sugar water” are all included in the conditional statement.
Interpretation II: the limitation of “the suck component is provided with a water storing bladder, and the suck port communicates with the water storing bladder” is required, while only “the water storing bladder independently stores water” or “the water storing bladder is connected to a water tank, and the water tank supplies the sugar water” is part of the conditional statement.
Claim 7 is indefinite because it is unclear which limitations are included in the conditional statement, especially in view of the formatting, spacing, and punctuation. Is claim 7 stating:
Interpretation I: all the following limitations are part of the conditional statement (“the water delivering passage communicates with the water tank and the suck component” or “the suck component is provided with a water storing bladder, and the water delivering passage communicates with the water tank and the water storing bladder”.
Interpretation II: “the water delivering passage communicates with the water tank and the suck component” or “the suck component is provided with a water storing bladder” is part of the conditional statement, and “the water delivering passage communicates with the water tank and the water storing bladder” is not a part of the conditional statement.
Claim 15 is indefinite because it is unclear what is meant by “a thickness of a gasket of the recessed portion is smaller than a thickness of a respective gasket of other parts”. It is unclear if “a respective gasket of other parts” is being required in the limitation. One of ordinary skill in the art would not be able to reasonably ascertain the metes and bounds of the claimed subject matter.
Claim 24 recites the limitation, "the plurality of suck component" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 25 recites the limitation, “wherein the camera captures an image of the humming bird at 360 degrees in at least one dimension”. This term is indefinite because it is unclear what this limitation is requiring.
In view of the rejections above under 35 USC § 112, the claims referred to in any and all rejections below are rejected as best understood. All other claims depending on one or more of the rejected claims above are rejected the same.
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 1-4, 6-7, and 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li (US 11985957 B1), hereafter referred to as “Li”.
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Annotated and Truncated Figure 5 of Li.
Regarding claim 1, Li discloses a hummingbird shooting system (figs. 1-5) comprising:
a feeding assembly (2) and a camera (3), the feeding assembly comprising an suck component (flower shaped elements that surround element 201, and including 201; see annotated figure 5 above) and an extension component (annotated figure 5 above), the suck component being used for suck of a hummingbird (fig. 3; col. 5, line 62-col. 6, line 2), the extension component being connected to the suck component (fig. 5), and the extension component being used for extending the suck component to a designated shooting position opposite to the camera for the camera to capture an image of the hummingbird in a pre-set area according to shooting requirements when the hummingbird is sucking sugar water (col. 6, lines 3-11);
wherein the image of the hummingbird comprises:
at least one of the hummingbird, the suck component, and the extension component (col. 5, lines 41-48).
Regarding claim 2, Li discloses the hummingbird shooting system according to claim 1, and further discloses that the image of the hummingbird comprises at least part of the suck component (flower shaped elements that surround element 201, and including 201), at least part of the extension component and the hummingbird (col. 5, lines 41-48 and fig. 1, as best understood).
Regarding claim 3, Li discloses the hummingbird shooting system according to claim 1, and further discloses that the suck component (flower shaped elements that surround element 201, and including 201) is provided with at least one suck port (201 where liquid is conveyed; fig. 3) for the hummingbird's suck of the sugar water through the suck port (fig. 3);
the suck component is provided with a water storing bladder (2), and the suck port communicates with the water storing bladder (fig. 3; col. 4, lines 5-14);
the water storing bladder is connected to a water tank (101), and the water tank supplies the sugar water (col. 4, lines 5-14).
Regarding claim 4, Li discloses the hummingbird shooting system according to claim 3, and further discloses that the suck component (flower shaped elements that surround element 201, and including 201) further comprises a flower simulating component (fig. 1 and annotated fig. 5 above), and the flower simulating component is connected to an edge of the suck port (figs. 1 and 3).
Regarding claim 6, Li discloses the hummingbird shooting system according to claim 1, and further discloses a body (1), the extension component (annotated figure 5 above) having one end connected to the suck component (flower shaped elements that surround element 201, and including 201; fig. 1 and annotated fig. 5 above) and the other end connected to the body (fig. 1);
wherein the other end of the extension component is connected to a top end of the body (fig. 1);
the camera (3) is provided on the body (fig. 1).
Regarding claim 7, Li discloses the hummingbird shooting system according to claim 6, and further discloses that the body (1) is provided with a water tank (101), and the extension component (annotated fig. 5) is provided with a water delivering passage (annotated fig. 5 and col. 5, line 62-col. 6, line 2 teaching that there is passage within the extension component that allow for liquid to move from element 2 to the suck component element);
the water delivering passage communicates with the water tank and the suck component (annotated fig. 5 and col. 5, line 62-col. 6, line 2 teaching that there is passage within the extension component that allow for liquid to move from element 2 to the suck component element).
Regarding claim 25, Li discloses the hummingbird shooting system according to claim 1, and further discloses that the camera (3) captures an image of the hummingbird at 360 degrees in at least one dimension (fig. 1, as best understood).
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.
Claims 1, 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Gauker et al. (US 8739733 B2), hereafter referred to as “Gauker” in view of Li.
Regarding claim 1, Gauker teaches a hummingbird shooting system (figs. 1-16), comprising:
a feeding assembly, the feeding assembly comprising an suck component (70) and an extension component (stem portion of 68), the suck component being used for suck of a hummingbird (col. 5, lines 42-50), the extension component being connected to the suck component (fig. 1), but does not explicitly teach a camera, and the extension component being used for extending the suck component to a designated shooting position opposite to the camera for the camera to capture an image of the hummingbird in a pre-set area according to shooting requirements when the hummingbird is sucking sugar water;
wherein the image of the hummingbird comprises:
at least one of the hummingbird, the suck component, and the extension component.
Li teaches a hummingbird shooting system (figs. 1-5) including a camera (3), and an extension component (annotated figure 5 above of Li above) being used for extending a suck component (flower shaped elements that surround element 201, and including 201; annotated figure 5 above) to a designated shooting position opposite to the camera for the camera to capture an image of the hummingbird in a pre-set area according to shooting requirements when the hummingbird is sucking sugar water (col. 6, lines 3-11);
wherein the image of the hummingbird comprises:
at least one of the hummingbird, the suck component, and the extension component (col. 5, lines 41-48).
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 system of Gauker to include a camera, and the extension component being used for extending the suck component to a designated shooting position opposite to the camera for the camera to capture an image of the hummingbird in a pre-set area according to shooting requirements when the hummingbird is sucking sugar water; wherein the image of the hummingbird comprises: at least one of the hummingbird, the suck component, and the extension component, as taught by Li, in order to monitor birds feeding at the device.
Regarding claim 6, the combined teachings of Gauker in view of Li teaches the hummingbird shooting system according to claim 1, and further teaches a body (60, 62, 100 of Gauker), the extension component (stem portion of 68 of Gauker) having one end connected to the suck component (70; fig. 1 of Gauker) and the other end connected to the body (fig. 4 of Gauker);
wherein the other end of the extension component is connected to a top end of the body (fig. 4 of Gauker);
the camera (3 as relied on Li) is provided on the body (fig. 1 of Li).
Regarding claim 7, Gauker in view of Li teaches the hummingbird shooting system according to claim 6, and Gauker further teaches that the body (60, 62, 100) is provided with a water tank (112), and the extension component (stem portion of 68) is provided with a water delivering passage (fig. 4 showing that the stem portion of 68 that conveys liquid);
the water delivering passage communicates with the water tank and the suck component (fig. 4); or
the suck component (68) is provided with a water storing bladder (bulbous portion of 68 where reference character 68 locates in fig. 1), and the water delivering passage communicates with the water tank and the water storing bladder (fig. 1; col. 5, lines 42-50).
Regarding claim 8, Gauker in view of Li teaches the hummingbird shooting system according to claim 7, and Gauker further teaches that the other end of the extension component (stem portion of 68) is connected to the top end of the body (fig. 1), the water delivering passage communicates with the water tank from the top end of the body (fig. 1), and the water tank supplies the sugar water to the water delivering passage from the top end of the body (figs. 1 and 4).
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Gauker in view of Li as applied to claim 8 above, and further in view of Giordano (US 4441459 A), hereafter referred to as “Giordano”.
Regarding claim 9, Gauker in view of Li teaches the hummingbird shooting system according to claim 8, but does not explicitly teach that the body siphons the sugar water in the water tank to the suck component via the water delivering passage.
Giordano teaches a hummingbird shooting system (figs. 1-2) including a body (10, 16, 14) that siphons sugar water in the water tank to a suck component (26) via a water delivering passage (34; siphoning via 44).
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 system of Gauker, such that the body siphons the sugar water in the water tank to the suck component via the water delivering passage, as taught by Gauker, in order to allow greater flexibility in the suck component placement.
Regarding claim 10, Gauker in view of Li and Giordano teaches the hummingbird shooting system according to claim 9, and Gauker further teaches that the body (10, 62, 100) comprises a lower housing (12) and an upper cover body (50), the upper cover body and the lower housing together forming a water storing chamber of the water tank (fig. 1);
when a downward pressure is applied to the upper cover body (elements 50 and 12 are threaded, which would require a downward pressured applied to element 50; fig. 1), the upper cover body is pressed and sealedly cooperates the lower housing (fig. 1) and compresses the water storing chamber space (2) to achieve siphoning (threading the device together compresses the air within 2 via 27; fig. 1).
Claims 11-16 are rejected under 35 U.S.C. 103 as being unpatentable over Gauker in view of Li as applied to claim 10 above, and further in view of Meyers (US 11518584 B2), hereafter referred to as “Meyers”.
Regarding claim 11, Gauker in view of Li and Giordano teaches the hummingbird shooting system according to claim 10, and Gauker further teaches that the upper cover body (50) comprises an outer cover body (50), an inner cover body (elements shown between elements 50 and 12 in fig. 1) and an air chamber tube (volume encompassing 50, 12, 60), the outer cover body is rotatably covered on the top end of the inner cover body (fig. 1), the top end of the air chamber tube is connected to the inner cover body (fig. 1), and the bottom end can be placed inside the water storing chamber (fig. 1);
the other end of the extension component (stem portion of 68) passes through the upper cover body from the top end of the body (fig. 1), extends into the air chamber tube and extends out of the bottom end of the air chamber tube (fig. 1);
a venting passage (15) is provided in the upper cover body (50; fig. 16) and used for communicating the air chamber tube with the outside (col. 10, lines 21-42), but does not explicitly teach that the venting passage is closed when the outer cover body is in the first position;
the venting passage is conductive when the outer cover body rotates relative to the inner cover body and is in the second position.
Meyers teaches a liquid dispensing device (figs. 1-13) including a venting passage (410; fig. 2) is provided in an upper cover body (400; fig. 2) and used for communicating an air chamber tube (volume encompassing 400 and 706) with the outside (col. 9, lines 6-30), the venting passage is closed when the outer cover body is in the first position (col. 9, lines 6-30);
the venting passage is conductive when the outer cover body rotates relative to the inner cover body and is in the second position (col. 9, lines 6-30).
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 system of Gauker in view of Li and Giordano, such that the venting passage is conductive when the outer cover body rotates relative to the inner cover body and is in the second position, as taught by Meyers, in order to prevent unintended drainage of the sugar water.
Regarding claim 12, the combined teachings of Gauker in view of Li, Giordano, and Meyers teaches the hummingbird shooting system according to claim 11, and further teaches that the outer cover body (50 of Gauker) is rotatably covered on the top end of the inner cover body (elements shown between elements 50 and 12 in fig. 1) and detachably assembled with the lower housing (60, 62; fig. 1), and the top end periphery of the inner cover body is sealedly assembled with the lower housing (fig. 1).
Regarding claim 13, the combined teachings of Gauker in view of Li, Giordano, and Meyers teaches the hummingbird shooting system according to claim 11, and further teaches that wherein a communication hole is provided at the top of the inner cover body (opening shown in elements shown between elements 50 and 12 in fig. 1), the communication hole correspondingly communicates with the air chamber tube (volume encompassing 50, 12, 60; fig. 1), but does not explicitly teach a sealing gasket is provided on a peripheral wall of the communication hole;
one end of the outer cover body corresponding to the inner cover body is provided with an annular protrusion, and the annular protrusion is provided corresponding to the communication hole and is sealable by the sealing gasket when the outer cover body is in the first position.
Meyers further teaches a sealing gasket (200) is provided on a peripheral wall of the communication hole (lower opening of 100; fig. 2);
one end of an outer cover body (100) corresponding to an inner cover body (400) is provided with an annular protrusion (raised protrusion of 100, 102; fig. 2), and the annular protrusion is provided corresponding to the communication hole and is sealable by the sealing gasket when the outer cover body is in the first position (fig. 2 and col. 9, lines 6-30).
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 system of Gauker in view of Li, Giordano, and Meyers to include a sealing gasket is provided on a peripheral wall of the communication hole; one end of the outer cover body corresponding to the inner cover body is provided with an annular protrusion, and the annular protrusion is provided corresponding to the communication hole and is sealable by the sealing gasket when the outer cover body is in the first position, as further taught by Meyers, in order to improve the venting and sealing mechanism of the device.
Regarding claim 14, the combined teachings of Gauker in view of Li, Giordano, and Meyers teaches the hummingbird shooting system according to claim 13, and further teaches an internal venting port (204; fig. 2 of Meyers) is provided on the annular protrusion (figs. 2-3 of Meyers), an external venting port (102; fig. 3 of Meyers) is provided on an outer wall of the outer cover body (fig. 1 of Meyers), and a conduction passage (opening extending between 102, 204, 404) between the external venting port and the internal venting port is the venting passage (fig. 2);
when the outer cover body is in the first position, the sealing gasket seals the internal venting port, the external venting port, the internal venting port and the communication hole are non-conductive (col. 9, lines 6-30 of Meyers), and when the outer cover body rotates to a second position, the sealing gasket does not seal the internal venting port, and the external venting port, the internal venting port and the communication hole are conductive (col. 9, lines 6-30 of Meyers).
Regarding claim 15, the combined teachings of Gauker in view of Li, Giordano, and Meyers teaches the hummingbird shooting system according to claim 14, and further teaches wherein the sealing gasket (200 as relied on Meyers) is provided with a recessed portion (recessed portions between 210), and a thickness of a gasket of the recessed portion is smaller than a thickness of a respective gasket of other parts (fig. 2, as best understood);
when the outer cover body is in the first position, the internal venting port is sealed by other parts of the sealing gasket (col. 9, lines 6-30 of Meyers), and when the outer cover body rotates to the second position, the internal venting port correspondingly rotates to the recessed portion, and the internal venting port is conductive to the communication hole (col. 9, lines 6-30 of Meyers).
Regarding claim 16, Gauker in view of Li, Giordano, and Meyers teaches the hummingbird shooting system according to claim 11, and Gauker further teaches that when the upper cover body is in the second position, a port at which the extension component extends into one end of the suck component is not higher than a bottom end of the air chamber tube, or
the suck component (68) is provided with a water storing bladder (bulbous portion of 68), and a port (64) at which the extension component (stem portion of 68) extends into one end of the water storing bladder is not higher than a bottom end of the air chamber tube (fig. 1).
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Gauker in view of Li as applied to claim 7 above, and further in view of Bennett et al. (US 20160106072 A1), hereafter referred to as “Bennett”.
Regarding claim 17, Gauker in view of Li teaches the hummingbird shooting system according to claim 7, and Gauker further teaches that at least a portion of the water tank (112) extends into an equipment compartment of the body (60, 62), but does not explicitly teach that the body is further provided with a heating assembly for heating the sugar water in the water tank.
Bennett teaches a hummingbird system (figs. 1-10D) including a body (100) further provided with a heating assembly (139; paragraph [0042]) for heating sugar water in a water tank (101; paragraph [0042], [0008]).
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 system of Gauker in view of Li to include a heating assembly, such that body is further provided with the heating assembly for heating the sugar water in the water tank, as taught by Bennett, in order to prevent the liquid feed from freezing in cold water (paragraph [0008] of Bennett).
Regarding claim 18, Gauker in view of Li teaches the hummingbird shooting system according to claim 7, but does not explicitly teach that the body is further provided with a capacity monitoring assembly for monitoring the capacity of the sugar water in the water tank.
Bennett teaches a hummingbird system (figs. 1-10D) including a body (100) further provided with a capacity monitoring assembly (106) for monitoring the capacity of sugar water in a water tank (101; paragraph [0045]).
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 system of Gauker in view of Li to include a capacity monitoring assembly, such that body is further provided with the capacity monitoring assembly for monitoring the capacity of the sugar water in the water tank, as taught by Bennett, in order to monitor the level of liquid feed in the feeder (abstract of Bennett).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Gauker in view of Li as applied to claim 7 above, and further in view of Coppola (US 4645095 A), hereafter referred to as “Coppola”.
Regarding claim 19, Gauker in view of Li teaches the hummingbird shooting system according to claim 7, but does not explicitly teach that the body is further provided with a sugar quality monitoring assembly for monitoring quality of the sugar water in the water tank.
Coppola teaches a liquid dispensing system (figs. 1-6) including a sugar quality monitoring assembly (160, 166, 172, 170) for monitoring quality of sugar water in a water tank (col 5, lines 66- col. 6, line 8 and col. 1, lines 19-45).
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 system of Gauker in view of Li to include a sugar quality monitoring assembly for monitoring quality of the sugar water in the water tank, as taught by Coppola, in order to detect the quality of the sugar water (col. 1, lines 19-45).
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Li as applied to claim 1 above, and further in view of Lipford et al. (US 20160128308 A1), hereafter referred to as “Lipford”.
Regarding claim 24, Li teaches the hummingbird shooting system according to claim 1, and further teaches that a single camera (3) is provided corresponding to one feeding assembly (fig. 2), but does not explicitly teach that the plurality of suck components are connected to the same extension component.
Lipford teaches a hummingbird feed (figs. 1-3) including a plurality of suck components (30, 32, 34, 28) that are connected to a single extension component (40; fig. 1).
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 system of Li, such that the plurality of suck components are connected to the same extension component, as taught by Lipford, in order to accommodate a greater number of hummingbirds to the feeder.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jessica Byun whose telephone number is (571) 272-3212. The examiner can normally be reached Monday - Friday, 9:00 AM - 5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Poon can be reached on (571) 272-6891. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/H.J.B./Examiner, Art Unit 3643
/MARISA V CONLON/Primary Examiner, Art Unit 3643
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