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 .
Information Disclosure Statement
The information disclosure statement filed 06/12/2026 fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. It has been placed in the application file, but the information referred to therein has not been considered. Each reference that is not in the English language must include either an English translation of the abstract or an explanation of relevance in English.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the lugs and slots of the magnetic attraction pieces of claim 12 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Claim Objections
Claim 16 is objected to because of the following informalities:
Claim 16 reads “the anti-leakage net comprising a feeding zone for birds to eat and an
avoidance zone that prevents birds from perching normally;” which should read “the anti-leakage net comprising a feeding zone for birds to eat and an avoidance zone that is configured to prevent[[s]] birds from perching normally;”
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.
Claims 10, 13 and 15 are 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 10 is rejected for lack of clarity in regards to the limitation “wherein the camera assembling component detachably assembles the camera assembly to the feed bin assembly in a non-fastening manner in at least two dimensions.” It is unclear what exactly is required by “a non-fastening manner in at least two dimensions.” Does merely having 2 attachment components satisfy 2 dimensions or must they be both forward and backwards connected, and also have elements that limit their side to side movement? Clarification and correction are required but no new matter may be added.
Claim 13 is rejected for lack of clarity in regards to the snap-fit assembly. Claim 13 is dependent on claim 9, which claims that the camera assembling component detachably assembles the camera to the feed bin in a non-fastening manner. However, it is not clear how a snap-fit assembly is a non-fastening component as it is a mechanical connector. The specification does not provide details as to what constitutes a non-fastening manner. Clarification and correction are required but no new matter may be added.
Claim 15 is rejected for lack of clarity in regards to the limitation “the back of the panel body of the solar panel is connected with the metal feed bin assembly either directly or via a thermally conductive element provided therebetween.” Does connected directly require the solar panel to be physically on top of the feed bin or directly connected via a cable? The solar power supply (according to claim 14) is meant to power the camera, not heat the feed bin and therefore it is unclear how or why the solar panel would be conductively connected to the feed bin. Clarification and correction are required but no new matter may be added.
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.
Claim(s) 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li (US 11950574 B1).
Regarding claim 1, Li discloses a bird feeder (see fig 1), comprising:
a feed bin assembly (1, made of frame 12 and storage bin 10), wherein the feed bin assembly comprises a bin body (12 and 10) which is a metal bin body (reinforcing frame 12 is metal, see col 4, lines 48-53),
an installation groove (14) for accommodating and assembling a camera assembly is formed in the bin body (installation groove 14, camera assembly 4 in installation groove, see annotated figure 1 below), and
at least one signal window penetrating through the bin body (windows 11, see annotated figure 1 below) and the installation groove is opened at the part of the bin body where the installation groove is formed (see annotated fig 1 below).
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Annotated fig 1
Regarding claim 2, Li discloses the bird feeder according to Claim 1, wherein at least one of a part of the back panel of the bin body that is opposite to the bottom of the installation groove and a part of the bin body surrounding the peripheral surface of the installation groove is provided with the signal window (signal window 11, see annotated figure 1).
Regarding claim 3, Li discloses the bird feeder according to Claim 1, wherein the front panel or the side panel of the bin body is provided with the signal window (side panel has signal window 11, see annotated figure 1).
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) 8 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Li (US 11950574 B1) as applied to claim 1 above.
Regarding claim 8, Li discloses the bird feeder according to Claim 1, further comprising a feeding tray assembly (21, see fig 1), wherein the feeding tray assembly is installed at the feed outlet end of the feed bin assembly (21 at outlet 13, see annotated fig 1 above).
The modified reference fails to teach the feeding tray made of metal. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the feeding tray to be made of metal with a reasonable expectation of success as this will provide a feeding tray that is sturdy, durable, and resistant to water damage and molding, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 16, Li discloses the bird feeder according to Claim 8, wherein a feeding trough (interior of feeding tray, at feeding zone, see annotated fig 1) is provided on the feeding tray assembly (21), and comprising an anti-leakage net which can be covered on the feeding tray assembly (see annotated fig 1 above), the anti-leakage net comprising a feeding zone for birds to eat and an avoidance zone that prevents birds from perching normally (see annotated fig 1 above); wherein the avoidance zone is close to the feed bin assembly, and the feeding zone is far away from the feed bin assembly (see annotated fig 1 above).
Regarding claim 17, Li discloses the bird feeder according to Claim 16, wherein the feeding zone is arranged horizontally, and the avoidance zone is arranged obliquely (see annotated fig 1 above).
Claim(s) 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Li (US 11950574 B1) as applied to claim 1 above, and further in view of Riemelmoser (AU-2015264894-B1).
Regarding claim 4, Li discloses the bird feeder according to Claim 1.
The modified reference fails to teach wherein the feed bin assembly further comprises a non-metallic light-transmissive or opaque window baffle, and the window baffle is arranged on the bin body to shield the signal window.
Riemelmoser teaches wherein the feed bin assembly further comprises a non-metallic light-transmissive or opaque window baffle (semi-opaque or opaque plastic mesh screen 11, see para 0061 and figs 1a-c), and the window baffle is arranged on the bin body to shield the signal window (screen 211 arranged on bin body 100, see figs 1a-c).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the window and bin body of Li with the window baffle of Riemelmoser with a reasonable expectation of success as this will reduce the light coming through the window to prevent the interior of the housing from overheating and to provide increased privacy and protection.
Regarding claim 5, the modified reference teaches the bird feeder according to Claim 4, and Riemelmoser further teaches wherein the window baffle is installed on the inner wall of the bin body (screen 211 on inner side of body 100, see figs 1a-c), and the bin body is provided with a fixing member to fix the window baffle to the signal window (fixing member 253 with sides 201 and 202, see figs 1a-c).
Regarding claim 6, the modified reference teaches the bird feeder according to Claim 5, and Riemelmoser further teaches wherein the fixing member comprises a first fixing arm (252, see fig 1c), a bending arm (253, see fig 1c) and a second fixing arm (251), the first fixing arm is fixed on the inner wall of the metal bin body (see figs 1a and 1b), one end of the bending arm (253) is connected with the first fixing arm (252), the other end of the bending arm is connected with the second fixing arm (251), and
the first fixing arm, the bending arm and the second fixing arm together form a first fixing slot into which the window baffle is inserted (see figs 1a-c).
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Li (US 11950574 B1) in view of Riemelmoser (AU-2015264894-B1) as applied to claim 4 above, and further in view of Roberts (US-20210285285-A1).
Regarding claim 7, the modified reference teaches the bird feeder assembly according to claim 4.
The modified reference fails to teach wherein the feed bin assembly further comprises a sealing layer, and the sealing layer is arranged between the window baffle and the metal bin body to seal the window baffle and the metal bin body.
Roberts teaches wherein the feed bin assembly further comprises a sealing layer (construction adhesive, i.e. sealing applied to rails 300 before mounting to strengthen the installation), and the sealing layer is arranged between the window baffle and the metal bin body to seal the window baffle and the metal bin body (construction adhesive i.e. sealing, applied to rails 300 before mounting to strengthen the installation, between screen 242 and bin body 100).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the system with the sealing layer for the bin body as taught by Roberts with a reasonable expectation of success as this will provide a secure and durable connection, and ensure that harsh weather does not negatively affect the window baffle system.
Claim(s) 9-11, 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Li (US 11950574 B1) as applied to claim 1 above, and further in view of Xiao (CN-221615954-U).
Regarding claim 9, Li disclose the bird feeder according to Claim 1, further comprising a camera assembling component (camera module 3 and fixing frame 5, see fig 2).
Li fails to disclose the camera assembling component detachably assembles the camera assembly to the feed bin assembly in a non-fastening manner, and the camera assembling component is arranged on at least one of the feed bin assembly and the camera assembly.
Xiao teaches the camera assembling component detachably assembles the camera assembly to the feed bin assembly in a non-fastening manner (see fig 7, magnet 3102 connected to the back of front plate 31 on feed bin, second magnet disposed in the camera, the camera assembly is fixed to the front cover by 2 magnets, see pages 5-6) and the camera assembling component is arranged on at least one of the feed bin assembly and the camera assembly (see fig 7 and pages 5-6, magnet 3102 connected to the back of front plate 31 on feed bin, second magnet disposed in the camera, the camera assembly is fixed to the front cover by 2 magnets).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified Li with the non-fastening camera assembly of Xiao with a reasonable expectation of success as this will provide a secure yet easily detachable camera assembly, to ensure the camera is not unintentionally released due to weather, but also to allow for easy disassembly for cleaning or maintenance.
Regarding claim 10, the modified reference teaches the bird feeder according to claim 9, and Xiao further teaches wherein the camera assembling component detachably assembles the camera assembly to the feed bin assembly in a non-fastening manner in at least two dimensions (see fig 7 and pages 5-6, magnet 3102 connected to the back of front plate 31 on feed bin, and can disconnect forwards and backwards, second magnet disposed in the camera, the camera assembly is fixed to the front cover by 2 magnets, see also 112(b) rejection above).
Regarding claim 11, the modified reference teaches the bird feeder according to claim 9, and Xiao further teaches wherein the camera assembling component comprises a magnetic attraction assembly including a first magnetic attraction piece and a second magnetic attraction piece (see fig 7, magnet 3102 connected to the back of front plate 31 on feed bin, second magnet disposed in the camera, the camera assembly is fixed to the front cover by 2 magnets, see pages 5-6), and at least one of the first magnetic attraction piece and the second magnetic attraction piece is magnetic (2 magnets, see pages 5-6); and the first magnetic attraction piece is arranged on the camera assembly, the second magnetic attraction piece is arranged on the feed bin assembly (see fig 7, magnet 3102 connected to the back of front plate 31 on feed bin, second magnet disposed in the camera, the camera assembly is fixed to the front cover by 2 magnets, see pages 5-6), and the first magnetic attraction piece and the second magnetic attraction piece are fixed via mutual magnetic attraction (2 magnets with magnetic attraction, see fig 7 and pages 5-6).
Regarding claim 14, Li disclose the bird feeder according to Claim 1.
Li fails to disclose further comprising a power supply assembly for supplying power to the camera assembly; and the power supply assembly is directly arranged on the feed bin assembly or independently arranged and electrically connected with the camera assembly.
Xiao teaches further comprising a power supply assembly for supplying power to the camera assembly (solar panel assembly 1 for powering the camera, connected to the camera, see page 5); and the power supply assembly is directly arranged on the feed bin assembly or independently arranged and electrically connected with the camera assembly (solar panel 1 on top of feed bin, electrically connected to the camera assembly, see page 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the camera of Li with the power assembly of Xiao with a reasonable expectation of success as this will ensure the camera is able to function for long periods of time without user intervention which would disturb the birds.
Regarding claim 15, the modified reference teaches the bird feeder according to claim 14, and Xiao further teaches wherein the power supply assembly is a solar panel (solar panel 1, see fig 1 and page 5), and the back of the panel body of the solar panel is connected with the metal feed bin assembly either directly or via a thermally conductive element provided therebetween (solar panel 1 on top of feed bin, electrically connected to the camera assembly, see page 5, see also 112(b) rejection above).
Claim(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over Li (US 11950574 B1) in view of Xiao (CN-221615954-U) as applied to claim 11 above, and further in view of Yang (US-20260058405-A1).
Regarding claim 12, the modified reference teaches the bird feeder according to claim 11, and Xiao further teaches wherein one of the first magnetic attraction piece and the second magnetic attraction piece is provided with a limiting lug (first magnet 3102 is a protruding lug).
The modified reference fails to teach wherein one of the first magnetic attraction piece and the second magnetic attraction piece is provided with a limiting slot, and the limiting lug is accommodated in the limiting slot.
Yang teaches wherein one of the first magnetic attraction piece (21) and the second magnetic attraction piece (43) is provided with a limiting slot (insertion slots 22 with magnetic block 21), and
the other (43) is provided with a limiting lug (insertion slugs 44 with magnet 43), and the limiting lug is accommodated in the limiting slot (see para 0020 and fig 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the magnetic coupling assembly of Xiao with the lug and slot of Yang with a reasonable expectation of success as this will provide increased security of attachment, due to the strength of the magnets, combined with the lug and slot connection.
Claim(s) 13 is rejected under 35 U.S.C. 103 as being unpatentable over Li (US 11950574 B1) in view of Xiao (CN-221615954-U) as applied to claim 9 above, and further in view of Martin (US 20160029590 A1).
Regarding claim 13, the modified reference teaches the bird feeder according to claim 9.
The modified reference fails to teach wherein the camera assembling component further comprises a snap-fit assembly, and the snap-fit assembly is arranged on the feed bin assembly and used to clamp the camera assembly for stable position limiting.
Martin teaches wherein the camera assembling component further comprises a clamp assembly (clamp assembly for camera, clamps 112 and 114, see para 0022-0023 and fig 1), and the clip assembly is arranged on the feed bin assembly (front side of feed bin housing 104) and used to clamp the camera assembly for stable position limiting (clamp assembly for camera, clamps 112 and 114, see para 0022-0023 and fig 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the camera mounting assembly with the clamp assembly of Martin with a reasonable expectation of success as this will provide a secure yet easily releasable attachment, to ensure the camera is not unintentionally released due to weather, but also to allow for easy disassembly for cleaning or maintenance.
The modified reference teaches the claimed invention except the camera assembling component comprising a snap-fit assembly. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the camera mounting assembly with a snap-fit assembly with a reasonable expectation of success as this will provide a secure yet easily releasable attachment, to ensure the camera is not unintentionally released due to weather, but also to allow for easy disassembly for cleaning or maintenance, and since the equivalence of clips and a snap fit for their use in the connector art and the selection of any known equivalents to easily connect two elements would be within the level of ordinary skill in the art. KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
Claim(s) 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Li (US 11950574 B1) as applied to claim 1 above, and further in view of Bescherer (US-5215039-A).
Regarding claim 18, Li discloses the bird feeder according to Claim 1, comprising a perch assembly that is arranged on the feed bin assembly (perch assembly 23, see annotated fig 1 above), wherein the perch assembly comprises a standing rod (standing structure 23, see col 5, lines 65-67, see annotated figure 1), the standing rod is used for birds to stand on (standing structure 23 for birds to perch, see col 5, lines 65-67).
Li fails to disclose wherein the perch assembly comprises a thermal insulation member, and the thermal insulation member is sleeved on the standing rod.
Bescherer teaches wherein the perch assembly comprises a standing rod (perches 30, see fig 1) and a thermal insulation member (plastic polymer boots 40 on perches 30, see col 2, lines 49-60 and fig 1), and the thermal insulation member is sleeved on the standing rod (plastic polymer boots 40 on perches 30, see col 2, lines 49-60 and fig 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the perch assembly of Li with the thermal insulation members on the standing rods as taught by Bescherer with a reasonable expectation of success as this will provide a larger perching surface area for the birds and a protective coating for the perches for during foul weather.
Regarding claim 19, the modified reference teaches the bird feeder according to Claim 18, and Li further disclose further comprising a connecting rod (see annotated fig 1) and a feeding tray assembly (21 and 22, see annotated figure 1), wherein the feeding tray assembly is installed at the feed outlet end (13) of the feed bin assembly, the connecting rod connects the standing rod and the feeding tray assembly of the bird feeder (see annotated fig 1).
The modified reference fails to teach wherein the connecting rod is a distance-adjustable connecting rod. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connecting rod of the bird perch to be adjustable with a reasonable expectation of success as this will allow for user adjustment depending on what bird species, and therefore size of bird, is present in their area and would be using the feeder, to ensure a pleasant experience for desired birds, and since it has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stevens, 101 USPQ 284 (CCPA 1954).
Claim(s) 20 is rejected under 35 U.S.C. 103 as being unpatentable over Li (US 11950574 B1) in view of Bescherer (US-5215039-A) as applied to claim 19 above, and further in view of Bruno (US 11957110 B2).
Regarding claim 20, the modified reference teaches the bird feeder according to Claim 19.
The modified reference fails to teach wherein two ends of the standing rod are provided with engagement lugs, the connecting rod is provided with engagement slots, and the engagement lugs are engaged with the engagement slots.
Bruno teaches wherein two ends of the standing rod (122) are provided with engagement lugs (protrusions at each end of 122), the connecting rod (1016) is provided with engagement slots (1028), and the engagement lugs (122) are engaged with the engagement slots (1028, see col 8, lines 24-37 and figs 20a-b).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the perch assembly with the slot and lugs of Bruno with a reasonable expectation of success as this will provide a secure yet easily detachable perch assembly, to ensure the perch remains connected during harsh weather or visits from heavier or larger birds, while still allowing for easy disassembly for cleaning or maintenance.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Those references cited on the attached 892 form, but not referenced in the rejection above, exhibit similarities to the present invention, particularly, Li (US-11985957-B1), which discloses a bird feeder with a camera attached via magnets, and Lin (US-11944072-B1), which discloses a bird feeder with a camera and a perch assembly.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHERINE ANNE KLOECKER whose telephone number is (571)272-5103. The examiner can normally be reached M-Th: 8:00 -5:30 MST, F: 8:00 - 12:00 MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Huson can be reached at (571) 270-5301. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.A.K./Examiner, Art Unit 3642 /JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642
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