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 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 11, 16-19, and 21-22 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 11 recites the limitation "the securing member and the biased member" in line 2. There is insufficient antecedent basis for this limitation in the claim.
In claim 16 it is unclear how any of the claim limitations share a structural relationship with the device of claim 1. The claim as written reads on a different separate structure and not further structure of the device of claim 1.
The preamble of claim 21 claims an “insect-computer hybrid system” however there are no claim limitations relating to anything computer related and is therefore considered indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor(s) regards as the invention.
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(s) 1-2 and 10 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by TW M326342 U (hereinafter TW).
In re. claims 1-2, with reference to the figures and the translation provided, TW discloses a device attachable to and for use with an insect, comprising: a base member; and two or more hooks, the two or more hooks being disposed at different sides of the base member, the two or more hooks each being a resiliently flexible hook, the device is detachably attachable to the insect by a wholly mechanical coupling of the two or more hooks with the insect.
In re. claim 10, with reference to the figures and the translation provided, TW discloses the device is resiliently flexible to provide a variable span between two opposable hooks, the two opposable hooks being selected ones of the two or more hooks.
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) 6-7, 12-13, and 20-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over TW.
In re. claims 6-7, 12-13, and 20-22, with reference to the figures and the translation, TW appears to disclose the claimed invention as described above but does not explicitly disclose an electrode, a “backpack” with one of a communications module, a battery pack, and a power source, or a variety of sizes. However, the Examiner takes Official Notice that such generic components are old and well-known in the art of insect monitoring. All the claimed elements were known in the prior art and one of ordinary skill in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention.
Allowable Subject Matter
Claims 3-5 and 8-9, 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. Examiner lists referenced documents on PTO-892 because the references present other/alternative or conceptual designs similar in scope that illustrate relevant features, which may demonstrate the level of novelty in comparison to Applicant’s inventive submission. The record relates to Applicant’s identified material and Examiner’s discovered references concerning Applicant’s subject matter relevant for a patentability determination.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONICA L PERRY whose telephone number is (571)270-3113. The examiner can normally be reached Monday-Friday 10am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Collins can be reached at 571-272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MONICA L PERRY/Primary Examiner, Art Unit 3644
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