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 .
Notice to Applicant
Claims 1-20 have been examined in this application. This communication is the first action on the merits of these claims.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 2. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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.
Figure 4 is further objected to because it appears to be a grayscale version of a photograph, but is not of sufficient quality to see the details of the invention.
Specification
The specification is objected to because paragraph 20 uses the reference number 1 to designate both the anchoring container and the reflector and paragraph 22 uses the reference number 3 to designate both the retrieval cord and the reflector. Paragraph 22 further uses reference number 4 as the means for securing, but states that the means of securing can take the form of a gromet, a staple, or a hole, but in the Figures reference number 4 points not to the grommet or hole (which is designated reference number 2), but instead points to strips that are attached to the grommet or hole.
The disclosure is objected to because of the following informalities: paragraph 22 misspells “grommet” as “gromet”.
Appropriate correction is required.
Claim Objections
Claim 1 is objected to because of the following informalities: “an at least one wildlife” should be amended to “at least one wildlife”. 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.
Claims 1-6, 8-15, 17-18, 20 are rejected under 35 USC 103 as being obvious over US Patent Number 4,597,357 to LeMessurier in view of US Patent Number 10,460,635 to Cameron.
Regarding claim 1, LeMessurier discloses a device for controlling property damage caused by an at least one wildlife, comprising:
A retrieval cord (wire 8); and
A reflector (“column 2, lines 10-11 disclose “a Bird Scare comprising a sheet of material having a highly reflective surface thereon”).
LeMessurier does not disclose an anchoring container. However, this limitation is taught by Cameron. Cameron discloses reflective strips that can be deployed in a variety of locations, and column 8, lines 16-18 disclose “The strips can also include weights, such as three pronged fish hooks or the like, to help catch the strips in vegetation after the device is activated”. It would be obvious to a person having ordinary skill in the art to modify LeMessurier using the teachings from Cameron in order to allow the sheet to catch onto wherever the sheet is deployed. The examiner notes that while the claim discloses an anchoring container, there is no disclosure the specific structure of the container other than that it “can be of any geometric shape that allows the device to be tossed to a desired area in the property and be stationary” (paragraph 21). Furthermore, even though it is called a container, there is no disclosure of what it contains, and the Figures merely show a flat square. As such, a weight that helps catch the strips in vegetation comprises an anchoring container as defined by the applicant’s disclosure.
Regarding claims 2 (dependent on claim 1), 11 (dependent on claim 10), Cameron further teaches the anchoring container is composed of a non-slip material. Fish hooks comprise a non-slip material.
Regarding claims 3 (dependent on claim 2), 12 (dependent on claim 11), Cameron discloses the anchoring container is weighted. Column 8, lines 16-18 disclose “The strips can also include weights, such as three pronged fish hooks or the like, to help catch the strips in vegetation after the device is activated”.
Regarding claims 4 (dependent on claim 2), 13 (dependent on claim 11), LeMessurier and Cameron do not disclose the anchoring container is comprised of a color that deters a wildlife from approaching the container. However, LeMessurier discloses a desire to use the device to scare off birds using light reflections that are more noticeable to birds. It would be obvious to a person having ordinary skill in the art to modify LeMessurier and Cameron to make other portions of the device out of whatever color would help to scare off birds.
Regarding claims 5 (dependent on claim 4), 14 (dependent on claim 13), LeMessurier and Cameron as modified teaches the color is a shade of red. Column 4, lines 46-48 disclose “contrasting, high visibility colors (e.g., red and silver) on the two sides 38a, 38b”.
Regarding claims 6 (dependent on claim 4), 15 (dependent on claim 13), 18 (dependent on claim 10), LeMessurier discloses the wildlife is a bird. The abstract discloses “A Bird Scare”.
Regarding claims 8 (dependent on claim 1), 9 (dependent on claim 8), 17 (dependent on claim 10), 20 (dependent on claim 10)¸ LeMessurier discloses the property is wood, wherein the wood is a tree branch or a wood surface (see Figure 4).
Regarding claim 10, LeMessurier discloses a method for controlling property damage caused by wildlife, comprising:
Attaching a reflector (“column 2, lines 10-11 disclose “a Bird Scare comprising a sheet of material having a highly reflective surface thereon”) and retrieval cord (wire 8); and
Positioning the device on the area of the property that needs protection from wildlife (column 5, lines 39-43 discloses positioning the device in trees having ripening fruit that are vulnerable to bird attack)
LeMessurier does not disclose attaching an anchoring container, throwing the anchoring container from a safe position, and securing the retrieval cord. However, these limitations are taught by Cameron. Cameron discloses reflective strips that can be deployed in a variety of locations, and column 8, lines 16-18 disclose “The strips can also include weights, such as three pronged fish hooks or the like, to help catch the strips in vegetation after the device is activated”. Furthermore, column 10, lines 2-7 discloses that the reflective strips can be thrown, and Figures 7-11 show various ways that the cord 56 can be secured. It would be obvious to a person having ordinary skill in the art to modify LeMessurier using the teachings from Cameron in order to use different ways to secure the reflective strips for visibility. The examiner notes that while the claim discloses an anchoring container, there is no disclosure the specific structure of the container other than that it “can be of any geometric shape that allows the device to be tossed to a desired area in the property and be stationary” (paragraph 21). Furthermore, even though it is called a container, there is no disclosure of what it contains, and the Figures merely show a flat square. As such, a weight that helps catch the strips in vegetation comprises an anchoring container as defined by the applicant’s disclosure.
Claims 7, 16, 19 are rejected under 35 USC 103 as being obvious over US Patent Number 4,597,357 to LeMessurier in view of US Patent Number 10,460,635 to Cameron, in further view of US Patent Number 10,827,741 to Markun.
Regarding claims 7 (dependent on claim 6), 16 (dependent on claim 15), 19 (dependent on claim 18)¸ LeMessurier does not disclose the bird is a woodpecker. However, this limitation is taught by Markun. Markun discloses an avian deterrent device, and column 1, lines 5-7 disclose “This invention relates to devices to deter avian creatures, in particular, woodpeckers and bats, from damaging the sides of sturdy forms such as buildings”. It would be obvious to a person having ordinary skill in the art to modify LeMessurier and Cameron using the teachings from Markun in order to target specific types of birds in specific locations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL H WANG whose telephone number is (571)272-6554. The examiner can normally be reached 10-6:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Josh Michener can be reached at 571-272-1467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MICHAEL H. WANG
Primary Examiner
Art Unit 3642
/MICHAEL H WANG/Primary Examiner, Art Unit 3642