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 3, 5 and 19 are objected to because of the following informalities:
For claim 3, lines 3-4 “between support and limit bracket” should be --between the support and the limit bracket--.
For claim 5, last line “connected to reset push block” should be –connected to the reset push block--.
For claim 19, line 20 “connected to reset push block” should be –connected to the reset push block--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 19 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 19 recites the limitation "a rack and a gear that are meshes with each other" in lines 17-18. It is unclear what kind of connection is implied by “that are meshes with each other”.
Claim Rejections - 35 USC § 102
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 1 is rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Holm et al. (U.S. Patent Application Publication No. 2022/0039370).
For claim 1, Holm et al. discloses a mouse catching device, comprising: a housing (Fig. 1: 3) defining an internal channel (Fig. 5), and a latching lock (Figs. 1-6: 18) being movably connected (Fig. 6: at pivot 19) to the housing; a hitting member (Fig. 1: 13) slidably connected to the housing along a predetermined direction (as discussed in [0200]), the hitting member having a first position (as shown in Fig. 6) and a second position (as shown in Figs. 1 and 5) relative to the housing; the hitting member extending into the internal channel with a greater extent at the first position (as shown in Fig. 6) than at the second position, and the latching lock being configured to lock the hitting member in the second position (as shown in Figs. 1-5); at least one first elastic member (Figs. 1, 5 and 6: 11) connected to the hitting member, the at least one first elastic member is configured to exert an elastic force on the hitting member, which enabling the hitting member to slide from the second position to the first position (as discussed in [0200]); a reset push block (Figs. 4-6: 31) slidably connected to the housing (as discussed in [0227]), the reset push block being connected (via interconnection of parts) to a reset driving member (Figs. 1-6: 37), the reset push block being configured to push the hitting member to the second position driven by the reset driving member (as discussed in [0230]), and the reset push block being also configured to move away from the hitting member along a direction towards the internal channel driven by the reset driving member (as discussed in [0233]); a first trip limit (Fig. 4: 53); and a second trip limit (Fig. 4: 55); wherein the first trip limit and the second trip limit form signal feedback engagement (as discussed in [0209], [0244] and [0245]) with the reset driving member (Fig. 6: 37) respectively; during a process of the reset driving member rotating in a first direction to push the hitting member towards the second position (as discussed in [0205]), when the hitting member is pushed to the second position (as shown in Figs. 1-5), the reset driving member is triggered by the second trip limit to rotate in a second direction opposite to the first direction; when the reset driving member is triggered by the first trip limit, the reset driving member stops rotating in the second direction (as discussed in [0245]).
Claim 18 is rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Damgaard Jensen (U.S. Patent Application Publication No. 2020/0187485)
For claim 18, Damgaard Jensen discloses a mouse catching device, comprising: a housing (Fig. 1: 1) defining an internal channel (6), and a latching lock being movably connected to the housing (13: such that the latching lock moves in an out of contact with an internal wall 4 of the housing); a hitting member (2) slidably connected to the housing along a predetermined direction (as discussed in [0022]-[0023]), the hitting member having a first position (as shown in Fig. 2) and a second position (as shown in Fig. 1) relative to the housing; the hitting member extending into the internal channel (6) with a greater extent at the first position than at the second position (as shown in Fig. 2), and the latching lock (13) being configured to lock the hitting member (2) in the second position (as discussed in [0031] and shown in Fig. 1); at least one first elastic member (3) connected to the hitting member (2), the at least one first elastic member is configured to exert an elastic force on the hitting member (as discussed in [0023]), which enabling the hitting member to slide from the second position to the first position (as discussed in [0032]); and a reset push block (15, 16) slidably connected to the housing, the reset push block being connected to a reset driving member (14, 18), the reset push block being configured to push the hitting member (2) to the second position driven (as shown in Fig. 1) by the reset driving member (as discussed in [0033]-[0034]), and the reset push block (15, 16) being also configured to move away from the hitting member (2) along a direction towards (as shown in Fig. 1 at arrow above element 16, the reset push block 15, 16 moves away from the tap 17 of the hitting member 2) the internal channel (6) driven by the reset driving member (14, 18); an unlocking module (Figs. 1-2: 11, 11a, 12), one end of the latching lock (13) latches and engages with the hitting member (2), the unlocking module configured to push the other end of the latching lock (as discussed in [0031] and shown in Fig. 1), the unlocking module (Figs. 1-2: 11, 11a, 12) comprises an unlocking driving member (Fig. 1: 12) and a trigger block (Fig. 1: 11), the unlocking driving member having an output shaft (of coil 12); the trigger block (11) connected to the output shaft (12) of the unlocking driving member to make the unlocking driving member rotating to drive the trigger block to swing (as discussed in [0029]); wherein when the trigger block swings, the trigger block pushes the other end of the latching lock (as discussed in [0041]) and the hitting member (2) being unlocked (as shown in Fig. 2); and an inductive trigger member (Fig. 1: 10) configured to trigger the unlocking module (Figs. 1-2: 11, 11a, 12) to rotate when the mouse enters the internal channel (as discussed in [0032]).
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, 5, 7-14 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Damgaard Jensen (U.S. Patent Application Publication No. 2020/0187485) in view of Redmayne (U.S. Patent Application Publication No. 2018/0317475).
For claim 1, Damgaard Jensen discloses a mouse catching device, comprising: a housing (Fig. 1: 1) defining an internal channel (6), and a latching lock being movably connected to the housing (13: such that the latching lock moves in an out of contact with an internal wall 4 of the housing); a hitting member (2) slidably connected to the housing along a predetermined direction (as discussed in [0022]-[0023]), the hitting member having a first position (as shown in Fig. 2) and a second position (as shown in Fig. 1) relative to the housing; the hitting member extending into the internal channel (6) with a greater extent at the first position than at the second position (as shown in Fig. 2), and the latching lock (13) being configured to lock the hitting member (2) in the second position (as discussed in [0031] and shown in Fig. 1); at least one first elastic member (3) connected to the hitting member (2), the at least one first elastic member is configured to exert an elastic force on the hitting member (as discussed in [0023]), which enabling the hitting member to slide from the second position to the first position (as discussed in [0032]); and a reset push block (15, 16) slidably connected to the housing, the reset push block being connected to a reset driving member (14, 18), the reset push block being configured to push the hitting member (2) to the second position driven (as shown in Fig. 1) by the reset driving member (as discussed in [0033]-[0034]), and the reset push block (15, 16) being also configured to move away from the hitting member (2) along a direction towards (as shown in Fig. 1 at arrow above element 16, the reset push block 15, 16 moves away from the tap 17 of the hitting member 2) the internal channel (6) driven by the reset driving member (14, 18).
Damgaard Jensen fails to show a first trip limit; and a second trip limit.
Redmayne teaches a mouse catching device, comprising: a first trip limit; and a second trip limit (as discussed in [0111]); wherein the first trip limit and the second trip limit form signal feedback engagement with the reset driving member (as discussed in [0116] and Figs. 12-14: retractor/pulley 34) respectively; during a process of the reset driving member rotating in a first direction to push the hitting member towards the second position, when the hitting member is pushed to the second position, the reset driving member is triggered by the second trip limit to rotate in a second direction opposite to the first direction; when the reset driving member is triggered by the first trip limit, the reset driving member stops rotating in the second direction (as discussed in [0116] and [0117]: retractor/pulley 34 rotation based on limit switch notification to the control system). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the mouse catching device of Damgaard Jensen to include the limit switches as taught by Redmayne for the advantage of sending a signal to the control system to release and/or reset the hitting member.
For claim 5, Damgaard Jensen discloses the invention substantially as claimed, but fails to show wherein further comprises a rack and a gear engaged with the rack, the rack is slidably disposed relative to the housing, the reset driving member is connected to the housing, the reset driving member has an output shaft connected to the gear, and the rack is connected to reset push block. Redmayne teaches a mouse catching device, comprising: a rack (Figs. 13-14: 45) and a gear (Figs. 13-14: 52) engaged with the rack (as discussed in [0120]), the rack is slidably disposed relative to the housing (as discussed in the last two sentences of [0113]), the reset driving member (Fig. 8 and as discussed in [0121]: control system 4) is connected to the housing, the reset driving member has an output shaft (Figs. 13-14 shows a central axis of the gear 52) connected to the gear (52), and the rack (45) is connected to reset push block (47). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the mouse catching device of Damgaard Jensen to include the rack and the gear as taught by Redmayne for the advantage of automatically resetting the hitting member.
For claim 7, Damgaard Jensen as modified by Redmayne disclose the mouse catching device of claim 5, wherein further comprises a support (Redmayne Figs. 13-14 and as discussed in the last two sentences of [0113]: guide member 38), a guiding slot is defined in the support (Redmayne as discussed in the last sentence of [0113]: “tube”), the rack (Redmayne 45) is slidably received in the guiding slot (Redmayne [0113]: “sleeved outside the end of the piston 45”), and the reset driving member (Redmayne retractor/pulley 34) is connected to the support (being electrically connected and connected via the connecting line 16).
For claim 8, Damgaard Jensen as modified by Redmayne discloses the mouse catching device of claim 1, wherein further comprises an unlocking module (Damgaard Jensen Figs. 1-2: 11, 11a, 12) and an inductive trigger member (Damgaard Jensen 10), one end of the latching lock (Damgaard Jensen 13) latches and engages with the hitting member (Damgaard Jensen 2), the unlocking module is configured to push the other end of the latching lock (Damgaard Jensen as discussed in [0031] and shown in Fig. 1), and the inductive trigger member is configured to trigger the unlocking module to move when the mouse enters the internal channel (Damgaard Jensen as discussed in [0032]).
For claim 9, Damgaard Jensen as modified by Redmayne discloses the mouse catching device of claim 8, wherein the unlocking module (Damgaard Jensen Figs. 1-2: 11, 11a, 12) comprises an unlocking driving member (Damgaard Jensen Fig. 1: 12) and a trigger block (Damgaard Jensen Fig. 1: 11), the unlocking driving member is connected to the housing (Damgaard Jensen as shown in Fig. 1), and the unlocking driving member has an output shaft (Damgaard Jensen of coil 12); the trigger block (Damgaard Jensen 11) is connected to the output shaft (Damgaard Jensen 12) of the unlocking driving member, and the trigger block is configured to push the other end of the latching lock (Damgaard Jensen as discussed in [0041]).
For claim 10, Damgaard Jensen as modified by Redmayne discloses the mouse catching device of claim 9, wherein the unlocking driving member (Damgaard Jensen Fig. 1: 12) is configured to drive the trigger block (Damgaard Jensen Fig. 1: 11) to swing (Damgaard Jensen as discussed in [0029]), thus pushing the other end of the latch lock to move to unlock the hitting member (Damgaard Jensen as discussed in [0029]), and the inductive trigger member (Damgaard Jensen 10) is configured to trigger the unlocking driving member to start when the mouse enters the internal channel (Damgaard Jensen as discussed in [0032]).
For claim 11, Damgaard Jensen discloses the invention substantially as claimed, but fails to show wherein the unlocking module further comprises a third trip limit, and the third trip limit and the unlocking driving member forms a signal feedback engagement. Redmayne teaches a mouse catching device, comprising: limit switches that provide signal feedback (as discussed in [0111]) for controlling the unlocking driving module and overall operation of the device. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the mouse catching device of Damgaard Jensen to include the limit switches as taught by Redmayne for the advantage of sending a signal to the control system to release and/or reset the hitting member.
For claim 12, Damgaard Jensen discloses the invention substantially as claimed, but fails to show wherein further comprises a circuit module, the circuit module is electrically connected between the inductive trigger member and the unlocking module, and the circuit module controls the motion of the unlocking module according to the feedback signal of the inductive trigger member. Redmayne teaches a mouse catching device, comprising: a circuit module (as discussed in [0082]), the circuit module is electrically connected between the inductive trigger member (Figs. 8-9: 8, 9) and the unlocking module (Figs. 8-9: 47), and the circuit module controls the motion of the unlocking module according to the feedback signal of the inductive trigger member (as discussed in [0115]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the mouse catching device of Damgaard Jensen to include the circuit module as taught by Redmayne for the advantage of sending a signal to release the hitting member.
For claims 13 and 14, Damgaard Jensen discloses the invention substantially as claimed, including wherein the inductive trigger member (Fig. 1: 10) has an inductive end (as shown in Fig. 1 at numeral 10), and the inductive end of the inductive trigger member is oriented towards the internal channel (6), but fails to show the inductive trigger member comprises a PIR inductive element, and/or the inductive trigger member comprises an infrared inductive element. Redmayne teaches a mouse catching device, comprising: an inductive trigger member (Figs. 8-9: 8, 9), wherein the inductive trigger member comprises a PIR inductive element, and/or the inductive trigger member comprises an infrared inductive element (as discussed in [0080]); wherein the inductive trigger member comprises a PIR inductive element and an infrared inductive element (as discussed in [0080]), the mouse catching device comprises a standby state and a dormant state (as discussed in [0029]); in the standby state, electric energy is supplied to the infrared inductive element and the PIR inductive element, thus the infrared inductive element and the PIR inductive element are ready for detect the mouse; in the dormant state, electric energy is stopped to supplied to the infrared inductive element, electric energy is supplied to the PIR inductive element, and the PIR inductive element is ready for detect the mouse (as discussed in [0029] and in [0080]-[0081]: “each sensor is caused to sense the environment at predetermined time intervals”). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the mouse catching device of Damgaard Jensen to include the inductive trigger member as taught by Redmayne for the advantage of providing an electronic trigger to cause actuation of the device.
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For claim 16, Damgaard Jensen as modified by Redmayne discloses the mouse catching device of claim 1, wherein the housing (Damgaard Jensen Fig. 1: 1) comprises a first shell and a second shell (see annotated Fig. 1 herein), the first shell and the second shell cooperatively define a space for accommodating at least the hitting member (Damgaard Jensen 2), the first elastic member (Damgaard Jensen 3), the reset push block (Damgaard Jensen 15, 16) and the reset driving member (Damgaard Jensen 14, 18); and the first shell and the second shell cooperatively define the internal channel (Damgaard Jensen as shown in Figs. 1-2).
For claim 17, Damgaard Jensen as modified by Redmayne discloses the mouse catching device of claim 1, wherein the hitting member (Damgaard Jensen Fig. 1: 2) comprises a protrusion (Damgaard Jensen as shown in Fig. 2), a second elastic member (Damgaard Jensen Fig. 1: 12) is disposed between one end of the latching lock (Damgaard Jensen 13) and the housing (Damgaard Jensen at the lowermost end of the second elastic member 12), the second elastic member resists the latching lock and the housing (Damgaard Jensen as shown in Fig. 1 and discussed in [0030]), and the protrusion (Damgaard Jensen 2) is configured to be engaged with the latching lock (Damgaard Jensen 13) when the latching lock is in the second position (Damgaard Jensen as shown in Fig. 1).
Allowable Subject Matter
Claims 2-4, 6 and 15 are 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.
Claim 19 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIELLE A CLERKLEY whose telephone number is (571)270-7611. The examiner can normally be reached 8:30AM-5PM.
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/DANIELLE A CLERKLEY/ Examiner, Art Unit 3643
/PETER M POON/ Supervisory Patent Examiner, Art Unit 3643
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