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 .
Claim Objections
Claims 1, 2, 4, 8 are objected to because of the following informalities:
Claim 1, line 5, “feed to exit” should be --feed to an exit--
Claim 2, line 2, “long” should be –along--
Claim 4, line 3-4, “the bracket further comprises a second arm” should be --the bracket further comprises a first and a second arm--
Claim 8, line 1, “pin a plurality” should be --pin is a plurality--
Appropriate correction is required.
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) 1 and 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 3,962,997 to Ruth in view of U.S. Patent No. 4,867,104 to Vandiver.
Regarding Claim 1, Ruth teaches an animal feed dispenser comprising:
a feed tank (Ruth Fig. 1 #12); a feed dispenser (Ruth Fig. 1 #32) operatively connected to the feed tank; a feed chute (Ruth Fig. 1 #34) for distributing feed dispensed by the feed dispenser from the feed tank, wherein said feed chute has an egress cavity for dispensed feed to exit having at least an edge about the egress cavity (Ruth exit edge of Fig. 1 #34.
Ruth is silent on teaching a roller guard comprising a bracket mounted to said feed chute egress cavity. However, Vandiver teaches the general knowledge of one of ordinary skill in the art that it is known to provide a feeder outlet with a roller guard comprising a bracket mounted to a feed chute (Vandiver Fig. 1 roller #42, bracket #34a, feeder outlet area between floor #12 and wall #28). It would have been obvious to one of ordinary skill in the art to modify the teachings of Ruth with the teachings of Vandiver before the effective filing date of the claimed invention with a reasonable expectation of success to keep squirrels away as taught by Vandiver. The modification is merely the application of a known technique to a known device ready for improvement to yield predictable results.
Regarding Claim 2, Ruth as modified teaches the roller guard further comprises a
cylindrical body (Vandiver Col.3 line 14) having one or more pins extend away from and long a longitudinal axis of the cylindrical body, wherein said one or more pins matingly engages with a receiving cavity formed on at least one arm of said bracket (Vandiver Fig. pins #40 and #38 received cavity in left and right #34a).
Claim(s) 3 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 3,962,997 to Ruth in view of U.S. Patent No. 4,867,104 to Vandiver as applied to claims 1 and 2 above, and further in view of U.S. Patent No. 11,028,614 to Robinson et al.
Regarding Claim 3, Ruth as modified is silent on the roller guard further comprises one or more ball bearing fittings affixed to an internal surface of said cylindrical body and
wherein said one or more pins extends through said ball bearings providing an axis of
rotation about the one or more pins. However, Robinson teaches the general knowledge of one of ordinary skill in the art that it is known to provide a roller guard comprising one or more ball bearing fittings affixed to an internal surface of said cylindrical body and wherein said one or more pins extends through said ball bearings providing an axis of rotation about the one or more pins (Robinson axle pins #54, roller #80; Col. 8 lines 29-36 and lines 51-61 “bearing” between #54 and #85). It would have been obvious to one of ordinary skill in the art to further modify the teachings of Ruth with the teachings of Robinson before the effective filing date of the claimed invention with a reasonable expectation of success to improve movement of the roller so the animal can’t get solid footing as taught by Robinson. The modification is merely the application of a known technique to a known device ready for improvement to yield predictable results.
Regarding Claim 4, Ruth as modified teaches the roller guard further comprises a cylindrical body (Ruth Col. 3 line 14) having a hollow, internal cavity formed through and along the longitudinal axis of the cylindrical body (Robinson Fig. 3B #85), and wherein the bracket further comprises a second arm (Ruth Fig. a #34a both sides of roller #42), wherein the first and second arms further comprise opposing pins projecting (Robinson Fig. 2D #54 and Fig. 1 #80) inwards for receiving at least a portion of the internal cavity formed through and along
the longitudinal axis of the cylindrical body. It would have been obvious to one of ordinary skill in the art to further modify the teachings of Ruth with the teachings of Robinson before the effective filing date of the claimed invention with a reasonable expectation of success for ease of installation and adjusting the size of the roller, the roller can be cut to any desired size if the pins are inserted into the roller instead of extending from the roller as taught by Robinson. The modification is merely the application of a known technique to a known device ready for improvement to yield predictable results.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over in view of U.S. Patent Pub. No. 2007/0028844 to Bodenstab et al in view of U.S. Patent No. 4,867,104 to Vandiver.
Regarding Claim 12, Bodenstab teaches an animal feed dispenser comprising: a feed tank (Bodenstab Fig. 2 #24); a feed dispenser (Bodenstab Fig. 2 #26a-26d) operatively connected to the feed tank; a feed trough (Bodenstab Fig. 1 #16a) for distributing and holding feed from the feed dispenser for use by intended animals, wherein said feed trough comprises an edge.
Bodenstab is silent on a bracket affixed to the edge of said feed trough; wherein the bracket comprises one or more arms having a cavity formed therethrough for receiving a pin;
a cylindrical roller having a pin extend from a distal end of said cylindrical roller mounted via the pin to said bracket arm, wherein the cylindrical roller provides a rotational movement about an axis formed by said pin. However, Vandiver teaches the general knowledge of one of ordinary skill in the art that it is known to provide a bracket (Vandiver Fig. 1 #34 and #34a) affixed to the edge of said feed trough (Vandiver Fig. 1 area between #28 and #12); wherein the bracket comprises one or more arms having a cavity formed therethrough for receiving a pin (Vandiver Fig. 1 arms #34s receive in cavity pins #40 and #38); a cylindrical roller (Vandiver Fig. 1 #42 and Col. 3 line 14) having a pin extend from a distal end of said cylindrical roller mounted via the pin to said bracket arm, wherein the cylindrical roller provides a rotational movement about an axis formed by said pin. It would have been obvious to one of ordinary skill in the art to modify the teachings of Bodenstab with the teachings of Vandiver before the effective filing date of the claimed invention with a reasonable expectation of success to keep squirrels away as taught by Vandiver. The modification is merely the application of a known technique to a known device ready for improvement to yield predictable results.
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.
Claim(s) 5, 6, 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 4,867,104 to Vandiver.
Regarding Claim 5, Vandiver teaches a roller guard (Vandiver Fig. 1 #42) for deterring animals from intruding into an animal feed dispenser (Vandiver Fig. 1 #10) comprising: a bracket comprising an arm (Vandiver Fig. 1 #34 and #34a), wherein the arm has a cavity, formed through said arm (Vandiver Fig. 1 cavity receives pins #40 and #38), for receiving a pin; a cylindrical roller (Vandiver Col. 3 line 14) mounted to said arm via insertion of the pin through said cavity, wherein the cylindrical roller comprises a smooth surface (Vandiver Fig. 1 rollers #42 have a smooth surface and Col. 3 line 14 teaches it can by cylindrical) and rotation movement about an axis formed by said pin.
Regarding Claim 6, Vandiver teaches a second arm (Vandiver Fig. 1 #34a at both ends of #42 creates two arms), wherein the second arm has a cavity, formed through said arm, for receiving the pin, wherein said cylindrical roller is mounted between the first and second arms (Vandiver Fig. 1 pins #38 and #40 are received in cavity of #34a respectively and #42 mounted between each #34a).
Regarding Claim 8, Vandiver teaches the pin a plurality of pins, wherein each pin extends from a distal end of the cylindrical roller (Vandiver Fig. 1 pins #38 and #40).
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) 7, 9, 10, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 4,867,104 to Vandiver in view of U.S. Patent No. 5,497,585 to Engler.
Regarding Claims 7, 9, 10, 11, Vandiver is silent on the pin is a single rod extending through a length of the cylindrical roller and wherein the bracket further comprises one or more mounting holes for affixing the bracket to an animal feed dispenser. However, Engler teaches the general knowledge of one of ordinary skill in the art that it is known alternate equivalent to provide a single rod extending through a length of the cylindrical roller (Engler Fig. 1 #4) and wherein the bracket comprises one or more mounting holes (Engler Fig. 3 #12) for affixing the bracket to an animal feed dispenser (italics indicates functional language the structure of Engler is capable of performing). It would have been obvious to one of ordinary skill in the art to modify the teachings of Vandiver with the teachings of Engler before the effective filing date of the claimed invention with a reasonable expectation of success to adjust the height and rigidity of the guard as taught by Engler. The modification is merely the application of a known technique to a known device ready for improvement to yield predictable results and/or the simple substitution of one known axle configuration with another to obtain predictable results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The following prior art of record is a teaching of the general knowledge of one of ordinary skill in the art of animal deterrents:
U.S. Patent No. 9,924,707; U.S. Patent No. 10,542,728; U.S. Patent No. 9,121,208; U.S. Patent No. 5,293,721; U.S. Patent No. 5,755,179; U.S. Patent No. 6,367,419; U.S. Patent No. 6,571,517; U.S. Patent No. 18,275; U.S. Patent No. 2,533,538; U.S. Patent No. 2,541,241; U.S. Patent No. 3,381,666; French Patent FR 2507058.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREA M VALENTI whose telephone number is (571)272-6895. The examiner can normally be reached Available Monday and Tuesday only, eastern time.
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, Peter Poon can be reached at 571-272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANDREA M VALENTI/Primary Examiner, Art Unit 3643
27 January 2026