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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/27/2026 has been entered.
Application Status
Claims 1, 3-5, 7-12, 19-21 are pending and have been examined in this application, Claims 1, 3, 5, 7, 12 are amended, claims 4, 8-11 are previously presented. Claims 2, 6, 13-18 are cancelled. Claims 19-21 are new.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
As of the date of this action, an information disclosure statement (IDS) has been filed on 11/07/2024 and reviewed by the Examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 19, 21 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 19 and 21 each recite “a switching means for dynamically switching between radiating a behavior control light having a wavelength of 345 nm to 465 nm and a spinning position control light having a wavelength of 490 nm to 710 nm to the bagworm from any direction”, however this limitation does not appear to be disclosed or described in the disclosure. Specifically, a specific switching means for dynamically switching between the two lights is not disclosed. Though the specification discloses that the behavior control light and the spinning position control light may be switched, there is not specific switching means for dynamically switching between the two lights.
Allowable Subject Matter
Claim 1, 3-5, 7-12, 20 are allowed.
Response to Arguments
Applicant’s arguments, see Remarks pages 9-11, filed 02/27/2026, with respect to claims 1, 5, 12 have been fully considered and are persuasive. The 102, 103 rejections of claims 1, 3-5, 7-12 has been withdrawn.
The affidavit under 37 CFR 1.132 filed 02/27/2026 is sufficient to overcome the rejection of claims 1, 3-5, 7-12 based upon the rejection combination of Kitabatake and Yoshioka.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATELYN T TRUONG whose telephone number is (571)272-0023. The examiner can normally be reached Monday - Friday: 8-6.
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/KATELYN T TRUONG/Primary Examiner, Art Unit 3647