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/black and white. 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).
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length. The instant abstract fails to meet the minimum required word count.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Claim Objections
Claim 1 is objected to because of the following informalities: claim 1, line 1 change “An insect trap comprising an” to –An insect trap comprising: an--. Appropriate correction is required.
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) 1-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over BeesNThings Outdoor Wood Device Insect Trap; available since 4/16/2017 (see attached NPL) in view of Mosher, Robert F. II et al. (US 20050066570 A1).
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Regarding claim 1 BeesNThings discloses an insect trap comprising an entrance unit (corresponding to upper wooden section of Fig. 1) with at least one bee tunnel (Fig. 1 above) providing access to the interior of the entrance unit and a passage to a clear catch basin (corresponding to lower clear catch section of Fig. 1), wherein the catch basin comprises a closing mechanism and a releasing door (Fig. 1).
BeesNThings does not disclose wherein the catch basin comprises a closing mechanism. Mosher teaches wherein the catch basin (Fig. 8; 34) comprises a closing mechanism (Fig. 9; 160); [0125].
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the catch basin of BeesNThings to include a closing mechanism, as taught by Mosher, in order to prevent accidental release of the captured insects during cleaning or replacement of the catch basin [0136].
Regarding claim 2 BeesNThings in view of Mosher, as shown above, discloses all of the limitations of claim 1. BeesNThings in view of Mosher further discloses wherein the closing mechanism is moveable in a horizontal motion to close the passage (Figs. 10-11); [0125].
Regarding claim 3 BeesNThings in view of Mosher, as shown above, discloses all of the limitations of claim 1. BeesNThings further discloses wherein the releasing door is moveable in a vertical motion and allows insects in the catch basin to be released alive (page 2 of attached NPL).
Regarding claim 4 BeesNThings in view of Mosher, as shown above, discloses all of the limitations of claim 1. BeesNThings in view of Mosher further discloses wherein the closing mechanism (Mosher; 160) is moveable in a horizontal motion to close the passage (Fig. 9; 178).
Regarding claims 5-6 BeesNThings in view of Mosher, as shown above, discloses all of the limitations of claim 1. BeesNThings further discloses wherein the entrance unit is manufactured from wood (Fig. 1).
Regarding claims 7-9 BeesNThings in view of Mosher, as shown above, discloses all of the limitations of claim 1. BeesNThings further discloses at least two bee tunnels (shown in Fig. 1 above).
Regarding claims 10-11 BeesNThings in view of Mosher, as shown above, discloses all of the limitations of claim 1. BeesNThings further discloses wherein the entrance unit and the catch basin are generally rectangular in shape (Fig. 1).
Regarding claims 14-15 BeesNThings in view of Mosher, as shown above, discloses all of the limitations of claim 1. BeesNThings further discloses wherein the catch basin is manufactured from plastic.
Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over BeesNThings Outdoor Wood Device Insect Trap; available since 4/16/2017 (see attached NPL) in view of Mosher, Robert F. II et al. (US 20050066570 A1), further in view of Prince, Bruce H. (US 20010047612 A1).
Regarding claims 12-13 BeesNThings in view of Mosher, as shown above, discloses all of the limitations of claim 1. BeesNThings in view of Mosher does not explicitly disclose wherein the bee tunnels have a diameter between 3/8" and 1/2".
Prince teaches wherein the bee tunnels have a diameter between 3/8" and 1/2" [0019].
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the bee tunnels of BeesNThings in view of Mosher to be between 3/8" and 1/2", as taught by Prince, in order to attract carpenter bees [0019], and since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited art is considered pertinent because it relates to insect traps similar to the disclosed invention.
US 20200120915 A1
US D928271 S
US 5323556 A
US 20210244015 A1
US 20190254270 A1
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRITTANY LOWERY whose telephone number is (571)270-3228. The examiner can normally be reached M-F 7 am-4 pm MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Collins can be reached at 571-272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRITTANY A LOWERY/Examiner, Art Unit 3644
/MONICA L PERRY/Primary Examiner, Art Unit 3644