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Claims 4, 11-16, and 18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species, there being no allowable generic or linking claim.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 01/12/2024.
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, 5, 6, 8-10, 17, 19, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by JP 2010-154762 to Hayakawa.
In regard to claim 1, Hayakawa discloses lure (1) for fishing comprising: a body (2) that includes a cavity (A) inside the body, wherein a portion or an entirety of the cavity is visible from outside (lure body 2 having transparency), and a plurality of reflecting surfaces (4) that are planar (see Figs. 1-2 or 11-12) or a plurality of reflectors (4 on 3a-b or 7a-b) with planar surfaces (see Figs. 1-2 or 11-12) that are each configured to specularly reflect light from the outside (reflecting plate 3 or 7, wherein the reflecting plate 3 is formed of synthetic resin and in order to form the reflecting surface 4 on the surface thereof, a metal thin film layer is formed by plating or vapor deposition, a metal plate or a metal foil is attached), and are provided on at least any of an outer face of the body, an inner face of the body (3 or 7 contact the inner surface of 2d in Fig. 3 or 12), and an inside of the cavity (3 or 7 is inside 2), and wherein the lure is configured so that light received from the outside reflects off of one of the plurality of reflecting surfaces (4) or one of the plurality of reflectors (4 on 3 or 7) and is then received by and specularly reflects off at least one other of the plurality of reflecting surfaces (light reflected off of one of 4 on 3a or 7a in Fig. 3 or 12) or one other of the plurality of reflectors (light reflected off of 4 on 3a or 7a then reflects off of 4b or 7b in Fig. 3 or 12) before being emitted to the outside (reflected light can be seen by fish exteriorly of 2).
In regard to claim 2, Hayakawa discloses wherein each of the plurality of reflecting surfaces (4), or each of the plurality of reflectors (4 on 3a-b or 7a-b) has a circular shape, a polygonal shape (see Figs. 1-2 or 10-12), an arc shape, or a scale shape.
In regard to claim 3, Hayakawa discloses wherein at least some of the plurality of reflecting surfaces (4) or at least some of the plurality of reflectors (4 on 3a-b or 7a-b) have a wave shape, a polygonal shape (see Figs. 1-2 or 10-12), a polyhedral shape, or a tile shape (see Figs. 1-2 or 10-12).
In regard to claim 5, Hayakawa discloses wherein the plurality of reflecting surfaces (4) or the plurality of reflectors (4 on 3a-b or 7a-b) is formed integrally with the body (3 or 7 is integrally formed with 2).
In regard to claim 6, Hayakawa discloses wherein the body (2) is formed configured to diffuse and transmit the light from the outside (2 is transparent).
In regard to claim 8, Hayakawa discloses wherein in a case where the plurality of reflecting surfaces (4) or the plurality of reflectors (4 on 3a-b or 7a-b) is provided on the inner face of the body (2d), and one or more of the plurality of reflecting surfaces (4) or the plurality of reflectors (4 on 3a-b or 7a-b) are formed by using vapor deposition coating, a holographic film, a hologram sheet, metal adhesion (wherein the reflecting plate 3 is formed of synthetic resin and in order to form the reflecting surface 4 on the surface thereof, a metal thin film layer is formed by plating or vapor deposition, a metal plate or a metal foil is attached), resin adhesion, or glass-sheet adhesion.
In regard to claim 9, Hayakawa discloses wherein the body is made of resin (lure body 2 of synthetic resin) or metal.
In regard to claim 10, Hayakawa discloses each of the plurality of reflecting surfaces (4) or the plurality of reflectors (4 on 3a-b or 7a-b) has an identical shape (see Figs. 1-2 or 10-11).
In regard to claim 17, Hayakawa discloses wherein each of the plurality of reflecting surfaces (4) or each of the plurality of reflectors (4 on 3a-b or 7a-b) are configured to reflect light at a brightness that is 40% or more of the brightness of ideal specular reflection (the metal thin film layer formed by plating or vapor deposition, a metal plate or a metal foil is attached is capable of specularly reflecting light at a brightness that is 40% or more of the brightness of ideal specular reflection).
In regard to claim 19, Hayakawa discloses wherein the main body portion (2) simulates the shape of a bait fish (see Fig. 1 or 10).
In regard to claim 20, Hayakawa discloses wherein the lure (1) is a stick bait (see Fig. 1 or 10), a spoon, a plug (see Fig. 1 or 10), 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 2010-154762 to Hayakawa in view of Yoshida 6,202,337.
Alternatively in regard to claims 5 and 8, Hayakawa discloses the one or more reflecting surfaces (4) or reflectors (4 on 3a-b or 7a-b) being formed separately from the main body portion (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 Hayakawa 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.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2010-154762 to Hayakawa in view of JP 10-127209 to Ito.
In regard to claim 7, Hayakawa does not disclose wherein the light from the outside or light reflected to the outside develops color from transmission through the body. Ito discloses wherein the light from the outside or light reflected to the outside develops color from transmission through the body (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). 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 lure for fishing of Hayakawa such that the light from the outside or light reflected to the outside develops color from transmission through the body in view of Ito in order to provide a unique color exhibited by a synergistic effect of the reflecting surfaces/reflectors and the color of the body acting together to enhance the light entering into the body from outside.
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 1-3, 5-10, 17, 19, and 20 based upon Choi 8,402,688 and Choi 8,402,688 in view of 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kimberly Berona can be reached at (571) 272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DARREN W ARK/Primary Examiner, Art Unit 3647
DWA