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 .
Election/Restrictions
Claims 3, 11-15 (claim 3 directed to non-elected Sub-species VIII-X; claims 11-12 directed to non-elected Sub-species XI-XIII; claim 13 is directed to non-elected Sub-species I, II, and VIII), 16, and 18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 12/14/2023.
Applicant's election with traverse of Sub-species III, B, and iv in the reply filed on 12/14/2023 is acknowledged. The traversal is on the ground(s) that “It is respectfully submitted that the subject matter of all species is sufficiently related that a thorough search for the subject matter of any one species would encompass a search for the subject matter of the remaining species. Thus, it is respectfully submitted that the search and examination of the entire application could be made without serious burden”. This is not found persuasive because each of the species requires a unique search not required in the search for the other species. If applicant is traversing on the ground that the species, or groupings of patentably indistinct species from which election is required, are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing them to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the species unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other species.
The requirement is still deemed proper and is therefore made FINAL.
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, 2, 4-10, 17, 19, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by JP 10-127209 to Ito.
In regard to claim 1, Ito discloses a lure for fishing, comprising a main body portion (1,2) having a cavity (cavity defined inside 1) therein, wherein the cavity is partially or entirely visible from an outside (lure body 1 is formed by joining a pair of surface-treated transparent body halves 2 to each other), and one or more reflecting surfaces (opposing sides of reflecting plate 3) that are planar (see Fig. 1) or one or more reflectors with planar surfaces that are each configured to specularly reflect light from the outside (reflecting plate 3 is formed from metal and its surface is subjected to metal vapor deposition processing and its opposing surfaces are flat and smooth), and are provided on at least one of an outer surface of the main body portion, an inner surface of the main body portion, or an inside of the cavity (3 is inside 1).
In regard to claim 2, Ito discloses the reflecting surface (opposing sides of reflecting plate 3) is formed in a circular shape, a polygonal shape (3 has a rectangular shape), an arc shape, or a scale shape.
In regard to claim 4, Ito discloses wherein when the one or more reflecting surfaces (opposing sides of reflecting plate 3) or reflectors are provided in the cavity (inside 1), the one or more reflecting surfaces (3) or reflectors are supported directly (see Fig. 2) or indirectly on a part of the main body portion.
In regard to claim 5, Ito discloses wherein the one or more reflecting surfaces (opposing sides of reflecting plate 3) or reflectors are formed integrally with the main body portion (3 is assembled with 1,2 to form an integral fishing lure assembly as shown in Figs. 1-2).
In regard to claim 6, Ito discloses wherein the main body portion (1,2) is formed to allow light from the outside to diffuse and transmit (lure body 1 is formed by joining a pair of surface-treated transparent body halves 2 to each other).
In regard to claim 7, Ito discloses wherein the light from the outside or the light reflected to the outside is able to develop color (the lure body 1 is given a color and can be appropriately changed according to the target fish and the color can be applied to the surface of the lure body 1 by the surface treatment and by mounting the reflector 3 in the transparent lure body 1, a unique color is exhibited by a synergistic effect of the reflector 3 and the surface treatment of the lure body 1 itself) when passing through the main body portion.
In regard to claim 8, Ito discloses wherein when the one or more reflecting surfaces (opposing sides of reflecting plate 3) or reflectors are provided on the inner surface (4a-d of 1) of the main body portion (reflector 3 is mounted on the lure body 1 by ribs 4a-d and the reflector 3 can be fixed to the central portion of the lure body 1 so as to sandwich the reflector 3 from both sides of the ribs 4a-d), the one or more reflecting surfaces (opposing sides of reflecting plate 3) or reflectors are formed of vapor deposition coating (metal vapor deposition processing), hologram film (hologram processing), hologram sheet (hologram processing), metal bonding, resin bonding, or glass sheet bonding.
In regard to claim 9, Ito discloses wherein the main body portion (1,2) is made of resin (lure body 1 made of plastic that can be formed by injection molding) or metal.
In regard to claim 10, Ito discloses wherein when a plurality of the reflecting surfaces (opposing sides of reflecting plate 3) or the reflectors are provided, the reflecting surfaces or the reflectors have a same shape (see Fig. 1) or different shapes.
In regard to claim 17, Ito discloses wherein each of the one or more reflecting surfaces (opposing sides of reflecting plate 3) or each of the one or more reflectors are configured to reflect light at a brightness that is 40% or more of the brightness of ideal specular reflection (surfaces of the opposing sides of reflecting plate 3 are formed by metal vapor deposition processing and they are planar surfaces as shown in Fig. 1).
In regard to claim 19, Ito discloses wherein the main body portion simulates the shape of a bait fish (1,2 has the general shape of a baitfish as shown in Figs. 1-2).
In regard to claim 20, Ito discloses wherein the lure is a stick bait (elongated shape of 1,2 resembles a stick), a spoon, a plug (1,2 resembles a plug type fishing lure), a spinner or a jig.
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) 5 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 10-127209 to Ito in view of Yoshida 6,202,337.
Alternatively in regard to claims 5 and 8, Ito discloses the one or more reflecting surfaces (opposing sides of reflecting plate 3) being formed separately from the main body portion (1,2), but does not disclose wherein the one or more reflecting surfaces or reflectors are formed integrally with the main body portion or the one or more reflecting surfaces or the one or more reflectors are provided on the inner surface of the main body portion. Yoshida discloses a fishing lure (2) comprising a main body portion (main body of 2) having a cavity (cavity inside 2 shown in Fig. 2) therein, wherein the cavity is partially or entirely visible from an outside (plastic is transparent or translucent material); and one or more reflecting surfaces (5) capable of reflecting light from the outside is provided on the main body portion (the colored coating 5 may be implemented by an integral forming technique such as press bonding, hot stamping, or adhesive bonding or a colored sheet or printing, painting or vacuum forming of a pattern), the one or more reflecting surfaces are provided on the inner surface (each of the pair of identical complementary lure members 11,12 has a reflective layer 13 provided on the inner wall thereof comprising a multiplicity of projections 14) of the main body portion, and the one or more reflecting surfaces (reflection film 15) are formed of vapor deposition coating (reflective film 15 may be implemented by developing a vapor deposited film). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the one or more reflecting surfaces of Ito such that they are formed integrally with the main body portion and are provided on the inner surface of the main body portion in view of Yoshida in order to provide one or more reflecting surfaces which are placed as close as possible to the exterior surface of the main body portion so as to lessen the distance traveled and to arrange the reflecting surfaces about the inner periphery of the main body portion so that incoming light from all directions with respect to the main body portion may be reflected outwardly to all surrounding areas of the lure so as to visually attract predatory fish to the fishing lure from all locations about the lure so as to increase the chances of catch the lurking predatory fish.
Response to Amendment
The Declaration under 37 CFR 1.132 filed 10/31/2025 is sufficient to overcome the rejection of claims 1, 2, 4-10, 17, 19, and 20 based upon Swenson 3,031,792.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARREN W ARK whose telephone number is (571)272-6885. The examiner can normally be reached M-F 8:30-5.
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/DARREN W ARK/Primary Examiner, Art Unit 3647
DWA