Detailed Action
Double Patenting Rejections
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim(s) 1-3, 6-8 and 14-18 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1, 4 and 6-8 of U.S. Patent No. 11,980,179. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application and the patent recite a rodent bait station, whereas the claims of the instant application are broader version of claim(s) of the [patent as illustrated below. Therefore, the claims of the instant application are encompassed by the claims of the patent, and it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to arrive to the broader claims as recited in the instant application.
Instant Application
19/264,129
US Patent
11,980,179
1. A rodent bait station, comprising:
a housing having a floor and defining a bait holding area;
a bait post extending from the floor into the bait holding area; and
a capacitive sensor assembly measuring a characteristic capacitance of a capacitor in the bait holding area, the characteristic capacitance is indicative of a quantity of bait in the bait holding area, the capacitor includes the bait post and the quantity of bait.
7. A rodent bait station, comprising:
a housing;
a bait holding area for holding a quantity of bait;
a first bait post extending from a floor of the housing and into the bait holding area; and
a capacitive sensor assembly measuring a capacitance indicative of the quantity of bait in the bait holding area and including a printed circuit board having a first conductive pad formed thereon, the printed circuit board arranged under the floor of the housing such that the first conductive pad is arranged generally below the first bait post.
2. The rodent bait station of claim 1, wherein the capacitive sensor assembly includes a conductive pad, the capacitor includes the conductive pad.
Part of claim 7: a capacitive sensor assembly measuring a capacitance indicative of the quantity of bait in the bait holding area and including a printed circuit board having a first conductive pad formed thereon, the printed circuit board arranged under the floor of the housing such that the first conductive pad is arranged generally below the first bait post.
3. The rodent bait station of claim 2, wherein the capacitive sensor assembly includes a capacitive sensing integrated circuit electrically connected to the conductive pad.
8. The rodent bait station of claim 7, wherein the capacitive sensor assembly further includes a capacitance sensing integrated circuit in electrical communication with the conductive pad and adapted to output a signal indicative of the measured capacitance.
6. The rodent bait station of claim 2, wherein the floor of the housing is positioned between the bait post and the conductive pad.
Part of claim 7: a capacitive sensor assembly measuring a capacitance indicative of the quantity of bait in the bait holding area and including a printed circuit board having a first conductive pad formed thereon, the printed circuit board arranged under the floor of the housing such that the first conductive pad is arranged generally below the first bait post.
7. The rodent bait station of claim 6, wherein the floor of the housing defines a sensor space on a side of the floor opposite the bait holding area, the capacitive sensor assembly is positioned in the sensor space.
Part of claim 7: a capacitive sensor assembly measuring a capacitance indicative of the quantity of bait in the bait holding area and including a printed circuit board having a first conductive pad formed thereon, the printed circuit board arranged under the floor of the housing such that the first conductive pad is arranged generally below the first bait post.
8. The rodent bait station of claim 7, wherein the capacitive sensor assembly includes a printed circuit board, the conductive pad and a capacitive sensing integrated circuit connected to the conductive pad are arranged on the printed circuit board.
Part of claim 7: a capacitive sensor assembly measuring a capacitance indicative of the quantity of bait in the bait holding area and including a printed circuit board having a first conductive pad formed thereon, the printed circuit board arranged under the floor of the housing such that the first conductive pad is arranged generally below the first bait post.
8. The rodent bait station of claim 7, wherein the capacitive sensor assembly further includes a capacitance sensing integrated circuit in electrical communication with the conductive pad and adapted to output a signal indicative of the measured capacitance.
14. A rodent bait station, comprising:
a housing having a bait holding area;
a capacitive sensor assembly measuring a characteristic capacitance of a capacitor in the bait holding area, the characteristic capacitance is indicative of a quantity of bait in the bait holding area; and
a transmitter transmitting a first status message indicating a presence of a foreign object in the bait holding area if the characteristic capacitance falls outside of a predetermined range for a predetermined period of time.
1. A rodent bait station, comprising:
a housing defining at least one entrance and a bait holding area for storing a quantity of rodent bait; and
an electronics assembly arranged within the housing, including: a capacitor arranged proximate the bait holding area and having a characteristic capacitance indicative of the quantity of bait in the bait holding area; a controller adapted to measure the characteristic capacitance of the capacitor; a processor adapted to estimate the quantity of bait in the bait holding area according to the measured characteristic capacitance; and
a transmitter for transmitting a wireless signal indicative of one of the measured characteristic capacitance or the estimated quantity of bait in the bait holding area, the processor further adapted to, with the transmitter: generate and send status messages to a remote receiver indicative of the estimated quantity of bait; and generate and send a status message indicating a presence of a foreign object in an interior of the bait station to the remote receiver if the estimated quantity of bait falls outside of a predetermined range for a predetermined period of time.
15. The rodent bait station of claim 14, wherein the transmitter transmits a second status message to a remote receiver indicative of the quantity of bait.
Part of claim 1: a transmitter for transmitting a wireless signal indicative of one of the measured characteristic capacitance or the estimated quantity of bait in the bait holding area, the processor further adapted to, with the transmitter: generate and send status messages to a remote receiver indicative of the estimated quantity of bait.
16. The rodent bait station of claim 15, wherein the transmitter wirelessly transmits the first status message and the second status message.
Part of claim 1: a transmitter for transmitting a wireless signal indicative of one of the measured characteristic capacitance or the estimated quantity of bait in the bait holding area, the processor further adapted to, with the transmitter: generate and send status messages to a remote receiver indicative of the estimated quantity of bait; and generate and send a status message indicating a presence of a foreign object in an interior of the bait station to the remote receiver if the estimated quantity of bait falls outside of a predetermined range for a predetermined period of time.
17. The rodent bait station of claim 15, wherein the transmitter transmits the second status message after a passage of a predetermined period of time or if the quantity of bait has decreased by a predetermined amount.
4. The rodent bait station of claim 1, wherein the processor is further adapted to: with the controller, periodically estimate the quantity of rodent bait in the bait holding area according to the measured characteristic capacitance; and with the transmitter, generate and send a status message to a remote receiver if the estimated quantity of bait has decreased by a predetermined amount.
18. A method of operating a rodent bait station, comprising:
measuring a capacitance associated with a bait holding area of the rodent bait station with no bait present;
measuring a capacitance associated with the bait holding area with a known amount of bait present;
estimating a quantity of bait in the bait holding area according to the capacitance measurement associated with the bait holding area containing no bait and the capacitance measurement associated with the bait holding area containing the known amount of bait; and transmitting a status message to a remote receive indicative of the estimated quantity of bait.
1. A rodent bait station, comprising: a housing defining at least one entrance and a bait holding area for storing a quantity of rodent bait; and an electronics assembly arranged within the housing, including: a capacitor arranged proximate the bait holding area and having a characteristic capacitance indicative of the quantity of bait in the bait holding area; a controller adapted to measure the characteristic capacitance of the capacitor; a processor adapted to estimate the quantity of bait in the bait holding area according to the measured characteristic capacitance; and a transmitter for transmitting a wireless signal indicative of one of the measured characteristic capacitance or the estimated quantity of bait in the bait holding area,
the processor further adapted to, with the transmitter: generate and send status messages to a remote receiver indicative of the estimated quantity of bait; and generate and send a status message indicating a presence of a foreign object in an interior of the bait station to the remote receiver if the estimated quantity of bait falls outside of a predetermined range for a predetermined period of time.
6. The rodent bait station of claim 1, wherein, in response to a user initiating a calibration function of the electronics assembly, the processor is further adapted to:
perform at least one capacitance measurement with the controller indicative of the bait holding area containing no bait; and
perform at least one capacitance measurement with the controller indicative of the bait holding area being full of bait,
the estimate of the quantity of bait is determined by the processor according to the capacitance measurement indicative of the bait holding area containing no bait and the capacitance measurement indicative of the bait holding area being full of bait.
Claim(s) 1-3, 6-8 and 14-18 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1, 4. 5, 7-9 and 12 of U.S. Patent No. 12,376,581. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application and the patent recite a rodent bait station, whereas the claims of the instant application are broader version of claim(s) of the [patent as illustrated below. Therefore, the claims of the instant application are encompassed by the claims of the patent, and it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to arrive to the broader claims as recited in the instant application.
Instant Application
19/264,129
US Patent
12,376,581
1. A rodent bait station, comprising:
a housing having a floor and defining a bait holding area;
a bait post extending from the floor into the bait holding area; and
a capacitive sensor assembly measuring a characteristic capacitance of a capacitor in the bait holding area, the characteristic capacitance is indicative of a quantity of bait in the bait holding area, the capacitor includes the bait post and the quantity of bait.
9. A rodent bait station, comprising:
a bait holding area for holding a quantity of bait;
a capacitive sensor assembly measuring a capacitance indicative of the quantity of bait in the bait holding area, the capacitive sensor assembly including a printed circuit board having a first conductive pad formed thereon and a capacitance sensing integrated circuit in electrical communication with the first conductive pad, the capacitive sensor assembly measuring a capacitance between the first conductive pad and the quantity of bait in the bait holding area, the integrated circuit adapted to output a signal indicative of the measured capacitance between the first conductive pad and the quantity of bait in the bait holding area; and a first conductive shielding layer arranged on a first surface of the printed circuit board and proximate the first conductive pad, and a second conductive shielding layer arranged on a second surface of the printed circuit board opposite the first surface, the first and second conductive shielding layers electrically connected to a conductive shield of the capacitive sensing integrated circuit.
12. The rodent bait station of claim 9, further comprising: a housing; and a first bait post extending from a floor of the housing and into the bait holding area, the printed circuit board arranged under the floor of the housing such that the first conductive pad is arranged generally below the first bait post.
2. The rodent bait station of claim 1, wherein the capacitive sensor assembly includes a conductive pad, the capacitor includes the conductive pad.
Part of claim 9: a capacitive sensor assembly measuring a capacitance indicative of the quantity of bait in the bait holding area, the capacitive sensor assembly including a printed circuit board having a first conductive pad formed thereon and a capacitance sensing integrated circuit in electrical communication with the first conductive pad, the capacitive sensor assembly measuring a capacitance between the first conductive pad and the quantity of bait in the bait holding area.
3. The rodent bait station of claim 2, wherein the capacitive sensor assembly includes a capacitive sensing integrated circuit electrically connected to the conductive pad.
Part of claim 9: a capacitive sensor assembly measuring a capacitance indicative of the quantity of bait in the bait holding area, the capacitive sensor assembly including a printed circuit board having a first conductive pad formed thereon and a capacitance sensing integrated circuit in electrical communication with the first conductive pad, the capacitive sensor assembly measuring a capacitance between the first conductive pad and the quantity of bait in the bait holding area.
6. The rodent bait station of claim 2, wherein the floor of the housing is positioned between the bait post and the conductive pad.
12. The rodent bait station of claim 9, further comprising: a housing; and a first bait post extending from a floor of the housing and into the bait holding area, the printed circuit board arranged under the floor of the housing such that the first conductive pad is arranged generally below the first bait post.
7. The rodent bait station of claim 6, wherein the floor of the housing defines a sensor space on a side of the floor opposite the bait holding area, the capacitive sensor assembly is positioned in the sensor space.
12. The rodent bait station of claim 9, further comprising: a housing; and a first bait post extending from a floor of the housing and into the bait holding area, the printed circuit board arranged under the floor of the housing such that the first conductive pad is arranged generally below the first bait post.
8. The rodent bait station of claim 7, wherein the capacitive sensor assembly includes a printed circuit board, the conductive pad and a capacitive sensing integrated circuit connected to the conductive pad are arranged on the printed circuit board.
Part of claim 9: a capacitive sensor assembly measuring a capacitance indicative of the quantity of bait in the bait holding area, the capacitive sensor assembly including a printed circuit board having a first conductive pad formed thereon and a capacitance sensing integrated circuit in electrical communication with the first conductive pad, the capacitive sensor assembly measuring a capacitance between the first conductive pad and the quantity of bait in the bait holding area.
14. A rodent bait station, comprising:
a housing having a bait holding area;
a capacitive sensor assembly measuring a characteristic capacitance of a capacitor in the bait holding area, the characteristic capacitance is indicative of a quantity of bait in the bait holding area; and
a transmitter transmitting a first status message indicating a presence of a foreign object in the bait holding area if the characteristic capacitance falls outside of a predetermined range for a predetermined period of time.
1. A rodent bait station, comprising:
a housing defining at least one entrance; a bait holding area for storing a quantity of rodent bait;
a bait holder adapted to hold the quantity of bait in the bait holding area; and
an electronics assembly arranged within the housing, including: a printed circuit board arranged under a floor of the housing; a capacitor arranged proximate the bait holding area and having a characteristic capacitance indicative of the quantity of bait in the bait holding area, the capacitor defined by a first conductor in the form of a first conductive pad formed on the printed circuit board and arranged below the bait holder; a controller adapted to measure the characteristic capacitance of the capacitor; a processor adapted to estimate the quantity of bait in the bait holding area according to the measured characteristic capacitance; and
a transmitter for transmitting a wireless signal indicative of one of the measured characteristic capacitance or the estimated quantity of bait in the bait holding area.
4. The rodent bait station of claim 1, wherein the processor is further adapted to, with the transmitter, generate and send status messages to a remote receiver indicative of the estimated quantity of bait.
7. The rodent bait station of claim 4, wherein the processor is further adapted to generate and send a status message indicating a presence of a foreign object in an interior of the bait station to the remote receiver if the estimated quantity of bait falls outside of a predetermined range for a predetermined period of time.
15. The rodent bait station of claim 14, wherein the transmitter transmits a second status message to a remote receiver indicative of the quantity of bait.
Part of claim 1: a transmitter for transmitting a wireless signal indicative of one of the measured characteristic capacitance or the estimated quantity of bait in the bait holding area.
16. The rodent bait station of claim 15, wherein the transmitter wirelessly transmits the first status message and the second status message.
Part of claim 1: a transmitter for transmitting a wireless signal indicative of one of the measured characteristic capacitance or the estimated quantity of bait in the bait holding area.
7. The rodent bait station of claim 4, wherein the processor is further adapted to generate and send a status message indicating a presence of a foreign object in an interior of the bait station to the remote receiver if the estimated quantity of bait falls outside of a predetermined range for a predetermined period of time.
17. The rodent bait station of claim 15, wherein the transmitter transmits the second status message after a passage of a predetermined period of time or if the quantity of bait has decreased by a predetermined amount.
5. The rodent bait station of claim 4, wherein the processor is further adapted to: with the controller, periodically estimate the quantity of rodent bait in the bait holding area according to the measured characteristic capacitance; and with the transmitter, generate and send a status message to a remote receiver if the estimated quantity of bait has decreased by a predetermined amount.
18. A method of operating a rodent bait station, comprising:
measuring a capacitance associated with a bait holding area of the rodent bait station with no bait present;
measuring a capacitance associated with the bait holding area with a known amount of bait present;
estimating a quantity of bait in the bait holding area according to the capacitance measurement associated with the bait holding area containing no bait and the capacitance measurement associated with the bait holding area containing the known amount of bait; and transmitting a status message to a remote receive indicative of the estimated quantity of bait.
1. A rodent bait station, comprising:
a housing defining at least one entrance; a bait holding area for storing a quantity of rodent bait;
a bait holder adapted to hold the quantity of bait in the bait holding area; and
an electronics assembly arranged within the housing, including: a printed circuit board arranged under a floor of the housing; a capacitor arranged proximate the bait holding area and having a characteristic capacitance indicative of the quantity of bait in the bait holding area, the capacitor defined by a first conductor in the form of a first conductive pad formed on the printed circuit board and arranged below the bait holder; a controller adapted to measure the characteristic capacitance of the capacitor; a processor adapted to estimate the quantity of bait in the bait holding area according to the measured characteristic capacitance; and
a transmitter for transmitting a wireless signal indicative of one of the measured characteristic capacitance or the estimated quantity of bait in the bait holding area.
4. The rodent bait station of claim 1, wherein the processor is further adapted to, with the transmitter, generate and send status messages to a remote receiver indicative of the estimated quantity of bait.
8. The rodent bait station of claim 4, wherein, in response to a user initiating a calibration function of the electronics assembly, the processor is further adapted to:
perform at least one capacitance measurement with the controller indicative of the bait holding area containing no bait; and
perform at least one capacitance measurement with the controller indicative of the bait holding area being full of bait,
the estimate of the quantity of bait is determined by the processor according to the capacitance measurement indicative of the bait holding area containing no bait and the capacitance measurement indicative of the bait holding area being full of bait.
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) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gannan (US-12,213,474) in view of Lee (KR-960003108Y1).
In regards to claim 1, Gannan teaches a rodent bait station [fig. 1, col. 1 L. 12-15]. Gannan further teaches that the rodent bait station comprises a housing having a floor and defining a bait holding area [fig. 1 element 110 (housing having a floor) and 130 (bait holding area), col. 3 L. 37-39 and L. 49-50]. Also, Gannan teaches that the bait station comprises a bait post extending from the floor into the bait holding area [fig. 1 element 132, col. 2 L. 17-19, col. 4 L. 3-6].
Gannan teaches that the bait station comprises a sensor assembly for measuring a characteristic indicative of a quantity of bait in the holding area [col. 3 L. 55-60, col. 4 L. 9-11]. However, Gannan does not teach that the sensor assembly is a capacitive sensor assembly.
On the other hand, Lee teaches a weight capacitive sensor that measures the weight (quantity) of an object located on a post by measuring the capacitance between a fixed electrode and a movable electrode that moves based on the weight of the object on the post [fig. 1 element 4 (post), pg. 2 L. 5-9]. This teaching means that the weight sensor is a capacitive sensor assembly measuring a characteristic capacitance of a capacitor in the holding area, the characteristic capacitance is indicative of a quantity of the object in the holding area. Also, since the movable electrode moves based on the weight of the object on the post, it means that the capacitor includes the object post and the quantity of the object.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to use Lee’s teachings of using a capacitive sensor to measure the quantity of an object in the station taught by Gannan because it will permit to measure accurately the quantity of bait located at the bait post.
In regards to claim 2, the combination of Gannan and Lee, as applied in the rejection of claim 1 above, further teaches that the capacitive sensor assembly includes a fixed electrode (conductive pad), wherein the capacitor includes the conductive pad [see Lee pg. 2 L. 5-9].
In regards to claim 3, the combination of Gannan and Lee, as applied in the rejection of claim 2 above, further teaches that the capacitive sensor assembly can comprises a microprocessor (capacitive sensing integrated circuit) that can process the sensor signals [see Lee pg. 2 L. 10-13]. This teaching means that the capacitive sensor assembly includes a capacitive sensing integrated circuit electrically connected to the conductive pad.
In regards to claim 4, the combination of Gannan and Lee, as applied in the rejection of claim 2 above, further teaches that the quantity of bait is positioned around and directly supported by the post [see Gannan col. 4 L. 3-7 and L. 9-11].
In regards to claim 5, the combination of Gannan and Lee, as applied in the rejection of claim 4 above, further teaches that the capacitance indicating the weight is a capacitance between a fixed electrode (conductive pad) and a movable electrode that moves based on the movement of the post holding the bait [see Lee pg. 2 L. 5-9]. This teaching means that the characteristic capacitance is a capacitance between the conductive pad and the post with the quantity of bait.
In regards to claim 6, the combination of Gannan and Lee, as applied in the rejection of claim 2 above, further teaches that the fixed electrode is located below the floor where the post is located [see Gannan col. 3 L. 62-65, col. 4 L. 1-7, see Lee fig. 1 element 7]. This teaching means that the floor of the housing is positioned between the bait post and the conductive pad.
In regards to claim 7, the combination of Gannan and Lee, as applied in the rejection of claim 6 above, further teaches that the electronic components of the sensor assembly are located below the floor of the bait holding area [see Gannan col. 3 L. 62-65, col. 4 L. 1-7]. This teaching means the floor of the housing defines a sensor space on a side of the floor opposite the bait holding area, the capacitive sensor assembly is positioned in the sensor space.
In regards to claim 8, the combination of Gannan and Lee, as applied in the rejection of claim 7 above, further teaches that the capacitive sensor assembly includes a printed circuit board, a fixed electrode (the conductive pad) and microprocessor (a capacitive sensing integrated circuit) connected to the conductive pad are arranged on the printed circuit board [see Lee pg. 2 L. 5-13].
In regards to claim 9, the combination of Gannan and Lee, as applied in the rejection of claim 7 above, further teaches that the printed circuit board is mounted in the sensor space spaced from the floor of the housing [see Gannan col. 3 L. 62-65, col. 4 L. 1-7] . Also, the combination teaches that the fixed electrode is at predetermined distance from the movable electrode [see Lee pg. 1 L. 20-22 and L. 31-34, pg. 2 L. 5-9]. This teaching means that the conductive pad is at a predetermined distance from the bait post.
Claim(s) 18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zirkle et al. (US-10,791,728) in view of Lee (KR-960003108Y1) and Brown et al (US-2006/0071774).
In regards to claim 18, Zirkle teaches a method to operate a rodent bait station [fig. 1, col. 1 L. 41-51]. Zirkle teaches that the method comprise calibrating a weight sensor sensing a quantity of bait [col. 4 L. 13-20, col. 4 L. 66-67, col. 5 L. 1-3 and L. 8-15, col. 8 L. 12-24]. Zirkle further teaches that the method comprises transmitting a status message to a remote receive indicative of the estimated quantity of bait [col. 6 L. 4-6 and L. 42-44, col. 7 L. 1-5].
Zirkle does not teach that the weight sensor measures capacitance to determine the weight.
On the other hand, Lee teaches that a weight sensor can be a sensor that measures the changes of capacitance to determine a weight of an object [pg. 2 L. 5-13].
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to use Lee’s teachings of using a capacitive sensor to measure the quantity of an object in the method taught by Zirkle because it will permit to measure accurately the quantity of bait.
The combination of Zirkle and Lee teaches that the quantity of bait can be sensed by measuring a capacitance associated with a bait holding area [see Zirkle col. 4 L. 8-20, see Lee pg. 2 L. 5-13]. Also, the combination teaches that the method comprise calibrating the sensor measuring the capacitance [see Zirkle col. 8 L. 12-24]. However, the combination does not teach that the calibration is performed by performing a measurement when no bait is present and by performing a measurement when bait is present.
On the other hand, Brown teaches that a weight sensor can be calibrated by performing a measurement when no weighted object is present and by performing a measurement when the weighted object is present [par. 0110].
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to use Brown’s teachings of calibrating the weight sensor by performing measurements when no object is present and when the object is present in the method taught by the combination because it will permit the weight sensor to be calibrated in an easy and accurate manner.
The combination of Zirkle, Lee and Brown teaches that the sensor measures weight by measuring a capacitance associated with the bait holding area [see Zirkle col. 4 L. 8-20, see Lee pg. 2 L. 5-13], and that calibration of the sensor is performed by performing a measurement when no bait is present [see Brown par. 0110 L. 1-5]. These teachings when the sensor measuring capacitance is calibrated, the method comprises measuring a capacitance associated with a bait holding area of the rodent bait station with no bait present. Also, the combination teaches that the sensor measures weight by measuring a capacitance associated with the bait holding area [see Zirkle col. 4 L. 8-20, see Lee pg. 2 L. 5-13], and that calibration of the sensor is performed by performing a measurement when bait is present [see Brown par. 0110 L. 5-9]. These teachings mean when the sensor measuring capacitance is calibrated, the method comprises measuring a capacitance associated with the bait holding area with a known amount of bait present. Also, the combination teaches that after calibration is performed the weight of bait can be measured and transmitted to a device [see Zirkle col. 4 L. 64-67, col. 5 L. 1-3, col. 6 L. 4-6 and L. 42-44, col. 7 L. 1-5]. This teaching means that the method comprises estimating a quantity of bait in the bait holding area according to the capacitance measurement associated with the bait holding area containing no bait and the capacitance measurement associated with the bait holding area containing the known amount of bait and transmitting a status message to a remote receive indicative of the estimated quantity of bait.
In regards to claim 20, the combination of Zirkle, Lee and Brown, as applied in the rejection of claim 18 above, further teaches that calibration is performed by of measuring the capacitance associated with the bait holding area containing no bait and measuring the capacitance associated with the bait holding area containing the known amount of bait [see Brown par. 0110]. Also, the combination teaches that the bait station comprises an access door (lid) that can be opened in order to replace the bait in the bait holding area, and that the user can initiate calibration when another type of bait is placed or as needed [see Zirkle col. 3 L. 47-50, col. 4 L. 29-35, col. 8 L. 10-22]. This teaching means that calibration can be started by the user when the bait is replaced. In other words, the method comprises re-calibrating the rodent bait station by measuring a capacitance associated with the bait holding area with a re-filled amount of bait filled by a user, the quantity of bait in the bait holding area is then estimated according to the capacitance measurement associated with the bait holding area containing no bait and the capacitance measurement associated with the bait holding area containing the re-filled amount of bait.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zirkle et al. (US-10,791,728) in view of Lee (KR-960003108Y1) and Brown et al (US-2006/0071774) as applied to claim 18 above, and further in view of Yang et al. (US-9,856,080).
In regards to claim 19, the combination of Zirkle, Lee and Brown, as applied in the rejection of claim 18 above, further teaches that calibration is performed by of measuring the capacitance associated with the bait holding area containing no bait and measuring the capacitance associated with the bait holding area containing the known amount of bait [see Brown par. 0110]. Also, the combination teaches that the bait station comprises an access door (lid) that can be opened in order to place the bait in the bait holding area [see Zirkle col. 3 L. 47-50, col. 4 L. 29-35]. However, the combination does not teach that calibration is started upon detection of a status of the lid.
On the other hand, Yang teaches that calibration of a system can be started upon detection of a status of a lid [col. 23 L. 52-62].
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to use Yang’s teachings of starting calibration based on the status of the lid in the method taught by the combination because the system will make sure that the sensor makes accurate measurements each time the bait or the interior of the station is manipulated.
Allowable Subject Matter
Claim(s) 10-13 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
In regards to claim 10, the prior art cited in this office action does not teach either by anticipation or combination the following limitations: the floor of the housing is formed of a non- conductive material and the bait post is formed of a conductive material.
In regards to claim 11, the claim would be allowable due to its dependency on claim 10.
In regards to claim 12, the prior art cited in this office action does not teach either by anticipation or combination the following limitations: wherein the bait post is positioned in an aperture of the floor and is in direct conductive contact with the conductive pad.
In regards to claim 13, the claim would be allowable due to its dependency on claim 12.
Claim(s) 14-17 would be allowable if a terminal disclaimer is filed to overcome the rejection(s) under nonstatutory double patenting, set forth in this Office action.
In regards to claim 14, the prior art cited in this office action does not teach either by anticipation or combination the following limitations: a transmitter transmitting a first status message indicating a presence of a foreign object in the bait holding area if the characteristic capacitance falls outside of a predetermined range for a predetermined period of time.
In regards to claim 15-17, the claim would be allowable due to its dependency on claim 14.
Other Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Morales et al. (US-12,171,214) teaches a rodent bait station comprising a bait post [fig. 3, col. 6 L. 56-60].
Walsh et al. (US-9,532,564) teaches a rodent bait station [fig. 1].
Cink et al. (US-8,387,305) teaches a rodent bait station comprising a bait post [fig. 13, col. 16 L. 41-52].
Galloway (US-2021/0015090) teaches a rodent bait station comprising a bait post [fig. 2, par. 0031 L. 4-7].
Conclusion
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/FRANKLIN D BALSECA/Examiner, Art Unit 2688