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 .
Response to Arguments
Applicant's arguments filed on 16 July 2025 have been fully considered but they are not persuasive.
Regarding claim 1, the Applicant argues that Hall fails to disclose the first and second guide slots are inclined outwards as well as the first and second guide slots are not in communication with each other on a top surface of the mounting seat. As seen in figure 6 of Hall, the structure that supports the bends 34 as they exit the base biases them outwards from either side of the base. The slots 20 as previously designated are not the only structure that correspond with the guide slot of the claimed invention. As to the claim that the first and second guide slots of Hall are in communication with each other, the Examiner respectfully disagrees. The Examiner believes that the term “in communication with” is so broad in scope as to not materially limit the claim.
Regarding claim 10, the Applicant argues that Hall fails to disclose a plurality of bases. The Examiner disagrees because figure 3 of Hall appears to display at least two different bases connected together. Furthermore, either end of the base of Hall comprises a fastening portion that is designed to mate with the fastening portion of another base.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-7, 10-11 is/are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Hall (US Pub. 2004/0216393 A1).
Regarding claim 1, Hall discloses a bird spike, comprising:
a base (Fig. 1, base member 12), wherein the base is provided with a first mounting seat (Fig. 1, slots 20);
and a first spike component (Fig. 1, prongs 16), wherein the first spike component is detachably connected to the first mounting seat (Abstract, lines 5-7: “The arcs of the spike members are inserted through the slots in the base member and as a result, the prongs of the spike members extend from opposite sides of the base member”);
the first spike component is rotatably connected to the first mounting seat (Pg. 2, [0033]: “Prongs 16 may extend from base member 12 at various angles in relation to base member 12. For example, prongs 16 may extend from the sides of base member 12 in approximately a ninety-degree angle in relation to base member 12 as shown in FIGS. 1 and 8 by arrow 40 or in approximately a forty-five-degree angle in relation to base member 12 as shown in FIGS. 1 and 8 by arrow 42. It should be understood by those skilled in the art that prongs 16 may extend from sides of base member 12 at any angle. FIG. 8 shows examples of various positions of which prongs 16 may extend from base member 12. Further, prongs 16 in the present invention may be bent to the various angled positions by a user”);
and the first spike component rotates relative to the base to a folded or upright position (See id);
wherein the first mounting seat is longitudinally provided with a first mounting hole and a second mounting hole (Pg. 2, [0027], lines 1-3: “Base member 12 may also comprise a plurality of pairs of oppositely disposed notches 22 on the sides of base member 12 for receiving oppositely disposed prongs 16”);
the first spike component comprises a first needle inserted into the first mounting hole and a second needle inserted into the second mounting hole (Fig. 1, prongs 16);
the first mounting seat is transversely provided with a first guide slot and a second guide slot in a manner that the first guide slot is communicated to the first mounting hole, the second guide slot is communicated to the second mounting hole (Fig. 1, prongs 16 extend through a slot in the body from opposing lateral sides of the body), the first guide slot and the second guide slot are inclined outwards relative to the first mounting hole and the second mounting hole on the first mounting seat (Fig. 1, prongs 16 extend outward from either side of the body), and the first guide slot and the second guide slot are not in communication with each other on a top surface of the first mounting seat (Fig. 1, the two slots on opposing sides of the body are not touching each other);
the first needle tilts down or stands upright along the first guide slot (Fig. 1, prongs 16 extend upwardly from their respective slot);
and the second needle tilts down or stands upright along the second guide slot (See id).
Regarding claim 3, Hall discloses wherein a first mounting through slot is provided in a bottom of the first mounting seat (Fig. 6, space between bends 34);
the first mounting through slot is communicated to the first mounting hole and the second mounting hole (See Fig. 6);
the first spike component further comprises a first connecting rod that connects the first needle to the second needle (Fig. 6, arc 18);
and when the first needle and the second needle are respectively inserted into the first mounting hole and the second mounting hole, the first connecting rod is located in the first mounting through slot (See Fig. 6).
Regarding claim 4, Hall discloses wherein the first needle is an inclined needle, and the second needle is a vertical needle (Fig. 1, the needles are shown in a variety of configurations. The angle with respect to the base is variable).
Regarding claim 5, Hall discloses a second spike component, wherein the base is further provided with a second mounting seat; the second spike component is detachably connected to the second mounting seat; the second mounting seat is longitudinally provided with a third mounting hole and a fourth mounting hole; the second spike component comprises a third needle inserted into the third mounting hole and a fourth needle inserted into the fourth mounting hole; the first mounting hole and the third mounting hole are located on the same straight line; the second mounting hole and the fourth mounting hole are located on the same straight line; the third needle is a vertical needle; and the fourth needle is an inclined needle (A series of identical spike assemblies are disposed along the length of the base).
Regarding claim 6, Hall discloses wherein the base is provided with at least two first mounting seats and second mounting seats, and the first mounting seats and the second mounting seats are arranged alternately (Fig. 1, a plurality of slots 20 are disposed along the length of the base).
Regarding claim 7, Hall discloses wherein a first semicircular through hole is provided in one side of the first mounting hole away from the base, and a second semicircular through hole is provided in one side of the second mounting hole away from the base (Fig. 6, the two interior holes of the channel);
the base is further provided with a fixing hole; the fixing hole is distributed between the first mounting seats; and the fixing hole is configured to fix the base to a platform through threaded connection (Fig. 1, apertures 28).
Regarding claim 10, Hall discloses a bird spike, comprising:
a plurality of bases (See Fig. 3), wherein each of the bases is provided with a first mounting seat (Fig. 1, slots 20);
and a first spike component (Fig. 1, prongs 16), wherein the first spike component is detachably connected to the first mounting seat (Abstract, lines 5-7: “The arcs of the spike members are inserted through the slots in the base member and as a result, the prongs of the spike members extend from opposite sides of the base member”);
the first spike component is rotatably connected to the first mounting seat (Pg. 2, [0033]: “Prongs 16 may extend from base member 12 at various angles in relation to base member 12. For example, prongs 16 may extend from the sides of base member 12 in approximately a ninety-degree angle in relation to base member 12 as shown in FIGS. 1 and 8 by arrow 40 or in approximately a forty-five-degree angle in relation to base member 12 as shown in FIGS. 1 and 8 by arrow 42. It should be understood by those skilled in the art that prongs 16 may extend from sides of base member 12 at any angle. FIG. 8 shows examples of various positions of which prongs 16 may extend from base member 12. Further, prongs 16 in the present invention may be bent to the various angled positions by a user”);
and the first spike component rotates relative to the base to a folded or upright position (See id);
wherein each of the bases comprises a first end portion and a second end portion which are opposite to each other; the first end portion is provided with a buckle; the second end portion is provided with a buckle slot, the buckle slot of one of the bases is matched and clamped with the buckle of the other one of the bases (Figs. 1-2, the two ends of the base comprise complementary fastening members), such that the plurality of bases are assembled together to prolong a desired length (Fig. 3, the base members are configured such that multiple are connected together by their fastening components at either of each respective body).
Regarding claim 11, Hall discloses wherein the first mounting seat is provided with a first mounting hole, a second mounting hole (Pg. 2, [0027], lines 1-3: “Base member 12 may also comprise a plurality of pairs of oppositely disposed notches 22 on the sides of base member 12 for receiving oppositely disposed prongs 16”);
a first guide slot in communication with the first mounting hole, and a second guide slot in communication with the second mounting hole (Fig. 1, prongs 16 extend through a slot in the body from opposing lateral sides of the body), wherein the first mounting hole and the second mounting hole are spaced apart from two sides of the first mounting seat (Fig. 1, oppositely disposed notches 22 are located on opposing sides of the body), and the first mounting hole and second guide slot are on a top surface of the first mounting seat (Fig. 1, at least a portion of the guide slot is located at the top surface of the body);
the first spike component comprises integrally formed a first needle, a second needle and a first connecting rod interconnecting the first needle and the second needle (Fig. 1, prongs 16 are a single unit with both ends attached by an intermediate component), the first needle and second needle are capable of being rotated along the first guide slot and second guide slot respectively to a folded or upright position (Pg. 2, [0033]: “Prongs 16 may extend from base member 12 at various angles in relation to base member 12. For example, prongs 16 may extend from the sides of base member 12 in approximately a ninety-degree angle in relation to base member 12 as shown in FIGS. 1 and 8 by arrow 40 or in approximately a forty-five-degree angle in relation to base member 12 as shown in FIGS. 1 and 8 by arrow 42. It should be understood by those skilled in the art that prongs 16 may extend from sides of base member 12 at any angle. FIG. 8 shows examples of various positions of which prongs 16 may extend from base member 12. Further, prongs 16 in the present invention may be bent to the various angled positions by a user”).
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) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hall (US Pub. 2004/0216393 A1) in view of Donoho (US Pub. 7,596,910 B1).
Regarding claim 8, Hall discloses the claimed invention except for as taught by Donoho, similarly drawn to a bird repellent apparatus, wherein cutting grooves are provided in a bottom of the base (Col. 2, lines 62-65: “It is yet an additional object of the invention to provide a unitary plastic bird repellent apparatus having installation enhancement features including break point grooves for easy cutting”).
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 spike of Hall to include the cutting grooves of Donoho to fit the device on surfaces shorter in length than that of the original length of the base.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hall (US Pub. 2004/0216393 A1) in view of Donoho (US Pub. 6,250,023 B1).
Regarding claim 9, Hall discloses wherein the base comprises a first end portion and a second end portion which are opposite to each other; the first end portion is provided with a buckle; the second end portion is provided with a buckle slot that is matched and clamped with the buckle (Figs. 1-2, the two ends of the base comprise complementary fastening members).
However, Hall fails to disclose as taught by Donoho, similarly drawn to a bird repellent apparatus, the base is further provided with reinforcement seats at two transverse ends; and the first mounting seats are arranged above the reinforcement seats (Fig. 1, below each mounting seat is a portion that extends laterally from the base).
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 spike of Hall to include the reinforcement of Donoho to provide improved traction and stability on the mounting surface.
Conclusion
THIS ACTION IS MADE FINAL. 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 HENRY HOOPER MUDD whose telephone number is (571)272-5941. The examiner can normally be reached Monday-Friday 8am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Michener can be reached at 5712721467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HENRY HOOPER MUDD/Examiner, Art Unit 3642
/JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642