Detailed Action
Amendment
1. This office action is in response to applicant’s amendments dated 1-23-26 and this office action is a final rejection.
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
2. 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 1-26 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.
Claims 1 and 21 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.
In each of claims 1 and 21, applicant has invoked 35 U.S.C. 112(f) means plus function analysis with respect to the claimed depth adjustment mechanism and as seen in applicant’s originally filed disclosure the depth adjustment mechanism is detailed as for example, the lure driver 40 can include a ballast tank or trim tank and a pump for selectively filling the tank with water to adjust the buoyancy, and thus the depth, of the driver (and the lure 60). In addition or in the alternative, the lure driver 40 can use directed propulsion from one of a motor drive, a jet drive, and a propeller drive to selectively adjust the depth of the lure driver (and the lure 60). The phrase “for example” used in relation to the tank and pump devices renders the claims indefinite in that it is unclear to whether other types of depth adjustment mechanisms other than those disclosed are being contemplated by the claims.
Claim Rejections - 35 USC § 103
3. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-17, 19-20 and 25-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 5,581,930 to Langer in view of U.S. Patent No. 8,919,034 to Alhuwaishel, further in view of U.S. Patent No. 6,389,732 to Daniel and further in view of U.S. Patent No. 5,293,712 to Lo.
Referring to claims 1 and 25-26, Langer discloses an active fishing system comprising, a data collection system – at 15, configured to receive data from at least one source – at 15a-15n, related to the likely location of fish in a body of water – see column 5 line 6 to column 6 line 21, and transmit a signal representative of the data – see column 7 lines 3-35, a controller – at 24, operatively connected to the data collection system – at 15 – see figure 1, and configure to receive the data from the data collection system, compile the data, analyze the data, and determine, based on the received data, an optimized location for fishing in the body of water – see column 7 line 25-57 and column 12 lines 56-62, a fishing rod – at column 9 lines 24-30 – see rods in figures 6, 10 and 13-17, a reel mounted to the fishing rod – see reels detailed in column 10 line 61 to column 11 line 5, - see at 103,126,128,144,160, a fishing line wound onto the reel – see at 43,56,102,124,141,187,258,270,279, and a submersible fishing implement – at 9-13, 42-42, 41’-42, 54, 60, 66, 78, 86-88, 96-100, 120-122, 13’, 185, 214, 260-262, 262,272, connected to the fishing line – see figures 1-6, 8-10 and 13-17, the submersible fishing implement comprising, a leader line – see the line between items 9 and 13 in figure 1, the line between items 41’-42 in figure 3, the line between items 41 and 42 in figure 3a, the line between items 86 and 88 in figure 5, the line between items 98 and 100 in figure 6, the line between items 262 and 272 in figure 16, a submersible lure driver – at 11-13, 41’, 41, 86, 100, 260, configured to attach to the leader line – see figures 1, 3, 3a, 5-6 and 16, and configured to attach directly to the distal end of the fishing line – see at 56 in figures 4-4d, see – at 187 in figure 10, see figure 12a and – see at 258 in figure 16, the submersible lure driver comprising, power supply configured to supply power to the submersible lure driver – see at column 6 line 59 to column 7 line 2 – see at 48, a propulsion mechanism – at 30 – such as propellers detailed in column 9 lines 9-15, configured to drive movement of the submersible lure driver in the body of water – see for example column 9 line 9-15, and regarding the 35 U.S.C. 112(f) means plus function analysis the propellers of Langer equate to the propeller drive disclosed by applicant, a depth adjustment mechanism – at bladder 30 – see column 9 lines 9-15 detailing bladder and propulsion mechanism can be used together, configured to adjust the depth of the submersible lure driver in the body of water – see for example column 9 lines 9-15 and regarding the 35 U.S.C. 112(f) means plus function analysis the bladder and propulsion mechanism equate to the tank and driver disclosed by applicant, a steering mechanism – at the appendages of 30 as detailed in column 9 lines 9-15 and also detailing the appendages can be used together with the propeller and bladder, configured to change the direction of movement of the submersible lure driver in the body of water – see for example column 9 lines 9-15, and regarding the 35 U.S.C. 112(f) means plus function analysis the appendages – at 30 of Langer are at least functionally equivalent to applicant’s disclosed adjustable drive shaft or rudder in that the appendages – at 30 provide similar function to applicant’s drive shaft and rudder being, allowing the lure driver to be moved in different directions during use, and a transmitter – at 16, configured to transmit at least a position signal identifying the location of the submersible lure driver – see column 4 line 64 to column 7 line 14, a lure – at 9, 42, wherein the submersible lure driver is attached to the leader line proximal to the lure – see at 9 and 13 in figure 1, - at 41,42 in figure 3a and – at 41’,42 in figure 3, and wherein the submersible lure driver is configured to receive a navigation signal from the controller – at 24, and automatically drive the submersible fishing implement toward the desired fishing location while avoiding obstacles in the body of water – see column 7 lines 25-41 and column 12 lines 56-62. Langer in the embodiments of figures 1-3a, does not disclose hooks. Langer in the embodiment of figures – at 33, 78, device of figure 6 and 262, that would connect to the distal end of the leader line – between items 9 and 13 in figure 1 and between items 41,42 in figure 3a and between items 41’,42 in figure 3 where the hook would be attached to the lure and therefore connected to the distal end of the leader line as seen in figures 1-3a. Therefore it would have been obvious to one of ordinary skill in the art to take the device of the embodiments of figures 1-3a of Langer and add the hook of the embodiments of figures 4, 4d, 6, 13 and 16 of Langer, so as to yield the predictable result of allowing for fish to be caught via the device as desired. Langer further discloses at least one camera – part of 34-34N as detailed in column 10 lines 27-45, configured to acquire image data – see column 10 lines 27-45, a wireless transmitter – see items 34-34N capable of transmitting wirelessly as detailed in column 10 lines 27-45, the wireless transmitter configured to transmit the image data from the camera – see transmission from items 34-34N to the fisherman/angler as detailed in column 10 lines 27-45, and the image data from the at least one camera of the submersible lure driver is configured to be displayed on a display device – see column 10 lines 27-45 where data from items 34-34N can be transmitted to be viewed/seen by the fisherman/angler. Therefore it would have been obvious to one of ordinary skill in the art to take the device of the embodiment of figures 1-3a of Langer and add the camera of the embodiment of figure 4 of Langer, so as to yield the predictable result of allowing the fisherman to have more detailed information relating to the underwater conditions so as to facilitate finding and catching fish. Langer further discloses the leader line having a proximal end and a distal end and the proximal end configured to attach directly to the submersible lure driver – see figure 3a and the connection of 258 and 262 in figure 16. Langer does not disclose the display device is at least one of a tablet computer and a smartphone. Alhuwaishel does disclose an underwater camera system – cameras 210,212, where image data is wirelessly transmitted – see column 2 lines 15-43, to a display device being a smartphone – at 222 – see figure 2 and column 2 lines 15-43. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Langer and add the image data displayed on a user’s smartphone as disclosed by Alhuwaishel, so as to yield the predictable result of allowing the fisherman to immediately view the underwater conditions during use so as to facilitate the catching of aquatic animals as desired. Langer as modified by Alhuwaishel further discloses a reel mounted near a proximal end of the fishing rod – see figures 6, 10 and 13 of Langer, and a fishing line wound onto the reel and configured to extend from a distal end of the fishing rod away from the reel – see rod and line wound on reel in figures 6, 10 and 13 of Langer, but does not disclose a leader line attached to the submersible lure driver, a lure attached to the leader line distal of the lure driver and at least one hook connected at the distal end of the leader line opposite the lure driver. Daniel does disclose a leader line – at 47, attached to the lure driver – at 30 – see figures 1-2, a lure – at 35, attached to the leader line distal of the lure driver – see figure 1, and at least one hook – at 28, connected at the distal end of the leader line – at 47, opposite the lure driver – at 30 – see figure 1. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Langer as modified by Alhuwaishel and add the leader with attached lure and hook opposite the lure driver as disclosed by Daniel, so as to yield the predictable result of ensuring the lure is at a sufficient distance from the lure driver so as to ensure the lure attracts fish while the lure driver does not repel fish and interfere with the lure during use. Langer as modified by Alhuwaishel and Daniel does not disclose the distal end of the fishing line connected directly to the lure drive and also the proximal end of the leader line connected directly to the lure driver. Lo does disclose the distal end of the fishing line – at 351, is connected directly to the lure driver – at 30 – see figure 7, and the proximal end of the leader line – at 352, is connected directly to the lure driver – at 30 – see figure 7. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Langer as modified by Alhuwaishel and Daniel and add both the fishing line and leader line connected directly to the lure driver as disclosed by Lo, so as to yield the predictable result of allowing the position of the leader line in the body of water to be controlled by the lure driver while allowing the lure/bait to be spaced from the lure driver so as to not scare the fish proximate the device. Langer as modified by Alhuwaishel, Daniel and Lo further discloses the lure – at 9, 23,88,98 and 262 of Langer and – at 35 of Daniel, and the submersible lure driver – at 11-13, 41, 41’, 86 and 260 of Langer and – at 30 of Daniel, are separate components – see figures 1-13 of Langer and figures 1-2 of Daniel.
Referring to claim 2, Langer as modified by Alhuwaishel, Daniel and Lo does not disclose multiple submersible fishing implements. However, Langer does disclose multiple implements such as connected – at 280 in figure 17 and alternatively multiple fishing rods having the implements of the figures 1-3a can be used at the same in a duplication of parts. Therefore it would have been obvious to one of ordinary skill in the art to take the submersible fishing implement of figures 1-3a of Langer as modified by Alhuwaishel, Daniel and Lo and use multiple of these implements such as in the embodiment of figure 17 of Langer or by duplicating the fishing rod, reel, lure and implements of the embodiment of figures 1-3a of Langer, so as to yield the predictable result of allowing more fish to be caught via the device during use.
Referring to claim 3, Langer as modified by Alhuwaishel, Daniel and Lo further discloses the submersible lure driver is configured to receive a navigation signal from the controller – at 24, and automatically drive the submersible fishing implement toward the desired fishing location while avoiding obstacles in the body of water – see column 7 lines 25-41 and column 12 lines 56-62 of Langer. Langer as modified by Alhuwaishel, Daniel and Lo does not disclose multiple submersible fishing implements. However, Langer does disclose multiple implements such as connected – at 280 in figure 17 of Langer and alternatively multiple fishing rods having the implements of the figures 1-3a of Langer can be used at the same in a duplication of parts. Therefore it would have been obvious to one of ordinary skill in the art to take the submersible fishing implement of figures 1-3a of Langer as modified by Alhuwaishel, Daniel and Lo and use multiple of these implements such as in the embodiment of figure 17 of Langer or by duplicating the fishing rod, reel, lure and implements of the embodiment of figures 1-3a of Langer, so as to yield the predictable result of allowing more fish to be caught via the device during use.
Referring to claim 4, Langer as modified by Alhuwaishel, Daniel and Lo further discloses the fishing system is mounted to a vessel – see figures 5 and 16-17 and column 5 line 50 to column 6 line 55 of Langer.
Referring to claim 5, Langer as modified by Alhuwaishel, Daniel and Lo further discloses a fishing rod – at column 9 lines 24-30 – see rods in figures 6, 10 and 13-17 of Langer, a reel mounted to the fishing rod – see reels detailed in column 10 line 61 to column 11 line 5, - see at 103,126,128,144,160, a fishing line wound only onto the reel – see at 43,56,102,124,141,187,258270,279, and a submersible fishing implement – at 9-13, 42-42, 41’-42, 54, 60, 66, 78, 86-88, 96-100, 120-122, 13’, 185, 214, 260-262, 262,272, connected to the fishing line – see figures 1-6, 8-10 and 13-17. Langer as modified by Alhuwaishel, Daniel and Lo does not disclose a plurality of rods, reels, fishing lines and submersible fishing implements. However, Langer does disclose multiple implements such as connected – at 280 in figure 17 of Langer and alternatively multiple fishing rods having associated reels and lines, having the submersible implements of the figures 1-3a of Langer can be used at the same in a duplication of parts. Therefore it would have been obvious to one of ordinary skill in the art to take the submersible fishing implement of figures 1-3a of Langer as modified by Alhuwaishel, Daniel and Lo and use multiple of these implements such as in the embodiment of figure 17 of Langer or by duplicating the fishing rod, reel, lure and implements of the embodiment of figures 1-3a of Langer, so as to yield the predictable result of allowing more fish to be caught via the device during use.
Referring to claim 6, Langer as modified by Alhuwaishel, Daniel and Lo does not disclose multiple submersible fishing implements connected to only one of the lines. However, Langer does disclose multiple implements such as connected – at 280 in figure 17 of Langer and alternatively multiple fishing rods having associated reels and lines, having the submersible implements of the figures 1-3a of Langer can be used at the same in a duplication of parts. Therefore it would have been obvious to one of ordinary skill in the art to take the submersible fishing implement of figures 1-3a of Langer as modified by Alhuwaishel, Daniel and Lo and use multiple of these implements such as in the embodiment of figure 17 of Langer or by duplicating the fishing rod, reel, lure and implements of the embodiment of figures 1-3a of Langer and have each implement only associated with one of the reels and lines, so as to yield the predictable result of allowing more fish to be caught via the device during use.
Referring to claim 7, Langer as modified by Alhuwaishel and Daniel further discloses the submersible lure driver is configured to receive a navigation signal from the controller – at 24, and automatically drive the submersible fishing implement toward the desired fishing location while avoiding obstacles in the body of water – see column 7 lines 25-41 and column 12 lines 56-62 of Langer. Langer as modified by Alhuwaishel, Daniel Lo does not disclose multiple submersible fishing implements. However, Langer does disclose multiple implements such as connected – at 280 in figure 17 of Langer and alternatively multiple fishing rods having the implements of the figures 1-3a of Langer can be used at the same in a duplication of parts. Therefore it would have been obvious to one of ordinary skill in the art to take the submersible fishing implement of figures 1-3a of Langer as modified by Alhuwaishel, Daniel and Lo and use multiple of these implements such as in the embodiment of figure 17 of Langer or by duplicating the fishing rod, reel, lure and implements of the embodiment of figures 1-3a of Langer, so as to yield the predictable result of allowing more fish to be caught via the device during use.
Referring to claim 8, Langer as modified by Alhuwaishel, Daniel and Lo further discloses at least one source supplying data to the data collection system is at least one of a global positioning system (GPS), satellite, sonar – see column 5 lines 19-28 of Langer, fish finder, camera, laser scanner, ultraviolet scanner, infrared scanner, radar, temperature sensor – see column 5 lines 19-28 of Langer, barometric pressure sensor, and water depth sensor.
Referring to claim 9, Langer as modified by Alhuwaishel, Daniel and Lo further discloses data received from the at least one source supplying data to the data collection system is at least one of air temperature, water temperature – see column 5 lines 19-28 of Langer, barometric pressure, fish location, structure location, debris location, water depth, water color, water current, tides, birds, and fish activity.
Referring to claim 10, Langer as modified by Alhuwaishel, Daniel and Lo further discloses the power supply of the submersible lure driver is one of a battery and a gas canister – see battery – at 48 of Langer.
Referring to claim 11, Langer as modified by Alhuwaishel, Daniel Lo further discloses the propulsion mechanism of the submersible lure driver comprises at least one of a motor drive, a jet drive, and a propeller drive – see propeller drive detailed in column 9 lines 1-15 of Langer.
Referring to claim 12, Langer as modified by Alhuwaishel, Daniel and Lo further discloses the depth adjustment mechanism of the submersible lure driver is at least one of weights and a ballast tank and a pump – see ballast tank being air bladder detailed in column 9 lines 1-15 of Langer.
Referring to claim 13, Langer as modified by Alhuwaishel, Daniel and Lo further discloses the steering mechanism of the submersible lure driver comprises at least one of a propeller and a rudder – see the appendages detailed in column 9 lines 1-15 of Langer which function as a rudder.
Referring to claim 14, Langer as modified by Alhuwaishel, Daniel and Lo does not disclose the transmitter of the submersible lure driver comprises at least one of a sonar transmitter, a radiofrequency (RF) transmitter, an ultraviolet (UV) transmitter, an infrared CR) transmitter, and an acoustic transmitter. However, it would have been obvious to one of ordinary skill in the art to take the device of Langer as modified by Alhuwaishel, Daniel and Lo and use any suitable transmitter including any one of the transmitters claimed, so as to yield the predictable result of ensuring reliable communication between the controller and the submersible device during use.
Referring to claim 15, Langer as modified by Alhuwaishel, Daniel and Lo further discloses an onboard data collection system mounted to the submersible lure driver – see any of 15a-15n in figure 2 of Langer, the onboard data collection system comprising at least one of a fish finder, sonar – see column 5 lines 19-28 of Langer, and sensor – see temperature sensor in column 15 lines 19-28 of Langer, configured to receive fishing parameter at the location of the lure driver – see figure 2 and column 15 lines 19-28 of Langer.
Referring to claim 16, Langer as modified by Alhuwaishel, Daniel and Lo further discloses the fishing parameter data at the location of the submersible lure driver collected by onboard data collection system is at least one transmitted to the controller – at 24, – see transmitted via 16 in figure 1 of Langer, and processed by a local controller mounted onboard the lure driver.
Referring to claim 17, Langer as modified by Alhuwaishel, Daniel and Lo further discloses a fish capture retrieval system configured to monitor the fishing line determine when a fish is captured, the fish capture retrieval system comprised of at least one of a sensor configured to measure the tension in the fishing line and the camera of the submersible lure driver configured to detect at least one of movement in the fishing line and a fish strike at the lure and hook – see column 10 line 27 to column 11 line 67 of Langer, wherein the fish capture retrieval system is configured to provide an alert when a fish is captured – see column 10 line 27 to column 11 line 67 of Langer.
Referring to claim 19, Langer as modified by Alhuwaishel, Daniel and Lo further discloses the submersible lure driver is configured to simulate the motion of at least one of a bait fish and a jellyfish – see bait fish detailed in column 9 lines 1-25 of Langer.
Referring to claim 20, Langer as modified by Alhuwaishel, Daniel and Lo further discloses the hook is incorporated into the lure – see figures 4, 4d, 6, 13 and 16 of Langer.
Claims 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Langer as modified by Alhuwaishel, Daniel and Lo as applied to claim 1 above, further in view of U.S. Patent No. 8,161,678 to Delucca and further in view of U.S. Patent No. 6,760,995 to Mueller.
Referring to claim18, Langer as modified by Alhuwaishel and Daniel does not disclose a connection sensor configured to sense detachment of the submersible lure driver from the fishing line. Delucca does disclose a connection sensor configured to sense disconnection/detachment of the lure driver from the fishing line so that the device can be retrieved at a retrieval location — see for example figures 29-37 and columns 9-11. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Langer as modified by Alhuwaishel, Daniel and Lo and add the disconnect sensor of Delucca, so as to yield the predictable result of allowing the user to more quickly and accurately determine when to change/remove bait from the device as desired. Langer as modified by Alhuwaishel, Daniel, Lo and Delucca does not disclose the lure driver is configured to automatically drive the lure driver toward a retrieval location. Mueller does disclose the lure driver – at 10, is configured to automatically drive the lure driver toward a retrieval location – see column 3 lines 30-45 where the device can be automatically programmed to move to desired locations. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Langer as modified by Alhuwaishel, Daniel, Lo and Delucca and add the lure drive being automatically driven as disclosed by Mueller, so as to yield the predictable result of allowing for the user to move the device to any desired location during use.
Claim(s) 21-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN Patent No. 103392677 to Shaanxi University of Science & Technology in view of Langer and further in view of Alhuwaishel, further in view of U.S. Patent Application Publication No. 2015/0272094 to Pearlman and further in view of SU Patent No. 420291 to Kaliningrad Fish.
Referring to claims 21 and 24, Shaanxi University of Science & Technology discloses a fishing system for capturing fish in a body of water (Abstract; Fig. 1), the fishing system comprising: a submersible fishing implement (fishing net) and configured to catch one or more fish in the body of water (Para. [(0025]); an active implement driver (electromagnets 4 and iron) configured to drive movement of the submersible fishing implement when the submersible fishing implement is submerged in the body of water (Paras. [(0023]-[0024]); a data collection system (fish finder) comprising one or more sensors (fish finder 3) configured to sense one or more fishing parameters and transmit a fishing parameter signal representative of the one or more fishing parameters (Para. [0023]); a controller (6) operatively connected to the data collection system and configured to receive the fishing parameter signal and to determine, based on the received fishing parameter signal, a desired fishing location in the body of water, the controller being further configured to transmit a navigation signal to the implement driver operative to control the active implement driver to move the submersible fishing implement toward the selected fishing location in the body of water (Paras. [0023 ]-[0025]). Shaanxi University of Science & Technology further discloses the submersible fishing implement comprises a net (Para. [0023]). Shaanxi University of Science and Technology further discloses a plurality of active submersible net drivers – at 4 and iron, connected to the fishing net – see figures 2-3, the active submersible net drivers comprising, a power supply – see paragraphs [0014] and [0023] where a power supply would have to be associated with the drivers – at 4 to function as disclosed, the power supply configured to supply power to the submersible net driver – see paragraphs [0014] and [0023], a depth adjustment mechanism – see inflatable edge of the net in paragraph [0024], configured to adjust the depth of the submersible net drive in the body of water – see paragraph [0024] and regarding the 35 U.S.C. 112(f) means plus function analysis the inflatable edge of Shaanxi is at least a functional equivalent to applicant’s disclosed ballast tank in that the inflatable edge of Shaanxi provides for buoyancy adjustment similar to a ballast tank. Shaanxi University of Science and Technology does not disclose the data collection system on a vessel configured to receive data from at least one source related to the likely location of fish in a body of water and transmit a signal representative of the data, a controller operatively connected to the data collection system and configured to receive the data from the data collection system, compile the data, analyze the data, and determine, based on the received data, an optimized location for fishing in the body of water, a propulsion mechanism, a steering mechanism; and a transmitter configured to transmit at least a position signal identifying the location of the lure driver, wherein the net drivers are configured to receive a navigation signal from the controller and automatically drive the fishing net toward the desired fishing location while avoiding obstacles in the body of water. Langer does disclose the data collection system – at 15, on a vessel – see figures 5 and 16-17, configured to receive data from at least one source – at 15a-15n, related to the likely location of fish in a body of water – see column 5 line 6 to column 6 line 21, and transmit a signal representative of the data – see via 16, a controller – at 24, operatively connected to the data collection system and configured to receive the data from the data collection system, compile the data, analyze the data, and determine, based on the received data, an optimized location for fishing in the body of water – see column 7 line 25-57 and column 12 lines 56-62, and active drivers comprising a propulsion mechanism – at propeller of 30, configured to drive movement of the submersible driver in the body of water – see for example column 9 line 9-15, and regarding the 35 U.S.C. 112(f) means plus function analysis the propellers of Langer equate to the propeller drive disclosed by applicant, a steering mechanism – appendages of 30, configured to change the direction of movement of the submersible driver in the body of water – see for example column 9 lines 9-15, and regarding the 35 U.S.C. 112(f) means plus function analysis the appendages – at 30 of Langer are at least functionally equivalent to applicant’s disclosed adjustable drive shaft or rudder in that the appendages – at 30 provide similar function to applicant’s drive shaft and rudder being, allowing the submersible lure driver to be moved in different directions during use, and a transmitter – at 16, configured to transmit at least a position signal identifying the location of the active lure drivers – see column 4 line 64 to column 7 line 14, wherein the drivers are configured to receive a navigation signal from the controller and automatically drive the fishing device toward the desired fishing location while avoiding obstacles in the body of water – see column 7 lines 25-41 and column 12 lines 56-62. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Shaanxi University of Science and Technology and add the data collection system and propulsion mechanism of Langer, so as to yield the predictable result of automatically controlling the device to better facilitate the capture of fish during use. Shaanxi University of Science & Technology further does not disclose at least one camera and a wireless transmitter to transmit image data from the at least one camera configured to acquire image data and the image data from the at least one camera of the active net drivers is configured to be displayed on at least one of a tablet computer and a smartphone. Langer does disclose at least one camera – part of 34-34N as detailed in column 10 lines 27-45, configured to acquire image data – see column 10 lines 27-45, a wireless transmitter – see items 34-34N capable of transmitting wirelessly as detailed in column 10 lines 27-45, the wireless transmitter configured to transmit image data from the camera – see transmission from items 34-34N to the fisherman/angler as detailed in column 10 lines 27-45, and the image data from the at least one camera of the submersible lure driver is configured to be displayed on a display device – see column 10 lines 27-45 where data from items 34-34N can be transmitted to be viewed/seen by the fisherman/angler. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Shaanxi University of Science & Technology and add the camera of Langer, so as to yield the predictable result of allowing the fisherman to have more detailed information relating to the underwater conditions so as to facilitate finding and catching fish. Shaanxi University of Science & Technology as modified by Langer does not disclose the display device is at least one of a tablet computer and a smartphone. Alhuwaishel does disclose an underwater camera system – cameras 210,212, where image data is wirelessly transmitted – see column 2 lines 15-43, to a display device being a smartphone – at 222 – see figure 2 and column 2 lines 15-43. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Shaanxi University of Science & Technology as modified by Langer and add the image data displayed on a user’s smartphone as disclosed by Alhuwaishel, so as to yield the predictable result of allowing the fisherman to immediately view the underwater conditions during use so as to facilitate the catching of aquatic animals as desired. Shaanxi University of Science & Technology as modified by Langer and Alhuwaishel further discloses the net drivers connected to multiple portions of the net – see figures 2-3 of Shaanxi University of Science & Technology. Shaanxi University of Science & Technology as modified by Langer and Alhuwaishel does not disclose the net drivers connected to multiple corners of the net and the net drivers are configured to receive a signal from the controller to at least one of expand the net to receive fish and collapse the net to capture fish. Pearlman does disclose the net drivers – at 1,3,5,6,10, connected to multiple corners of the net – at 2,8 – see figures 2A and 6, and the net drivers are configured to receive a signal from the controller to at least one of expand the net to receive fish and collapse the net to capture fish – see figures 2A,6 and paragraphs [0050] thru [0056] where the movement of the net via the fishing vessel pulling the net allows for expanding of the mouth of the net to receive fish and the movement of the net via the fishing vessel can be made via signals sent from a controller and associated sensors to a motor/actuator of the net drivers. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Shaanxi University of Science & Technology as modified by Langer and Alhuwaishel and add the net drivers for expanding the net as disclosed by Pearlman, so as to yield the predictable result of automatically controlling operation of the net so as to automatically catch/capture fish during use. Shaanxi University of Science & Technology as modified by Langer, Alhuwaishel and Pearlman further discloses the net having at least one opening – see figure 2 of Shaanxi, submersible net drivers connected about the opening of the net – see at 2,4 in figures 2-3 of Shaanxi and – see at 1,3,5,6,10 in figures 1-6 of Pearlman, and the submersible net drivers are configured to expand the at least one opening of the net – see figures 2A,6 and paragraphs [0050] thru [0056] of Pearlman where the movement of the net via the fishing vessel pulling the net allows for expanding of the mouth of the net to receive fish and the movement of the net via the fishing vessel can be made via signals sent from a controller and associated sensors to a motor/actuator of the net drivers. and to collapse the at least one opening of the net. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Shaanxi University of Science & Technology as modified by Langer and Alhuwaishel and add the net drivers for expanding the net as disclosed by Pearlman, so as to yield the predictable result of automatically controlling operation of the net so as to automatically catch/capture fish during use. Shaanxi as modified by Langer, Alhuwaishel and Pearlman does not disclose the submersible net drivers are configured to collapse the at least one opening of the net to capture fish. Kaliningrad Fish does disclose the net drivers – at 1,3,7,8,9,10, are configured to collapse the at least one opening of the net to capture fish – see figures 1-2 and the English abstract. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Shaanxi as modified by Langer, Alhuwaishel and Pearlman and add the collapsing of the net to capture the fish as disclosed by Kaliningrad Fish, so as to yield the predictable result of automatically controlling operation of the net during use so as to more effectively ensure capture of the fish as desired. Shaanxi as modified by Langer, Alhuwaishel, Pearlman and Kaliningrad Fish further discloses the submersible net drivers – at 1,3,5,6,10 of Pearlman, that are configured to receive a navigation signal from the controller – see figures 2A,6 and paragraphs [0050]-[0056], and automatically and independently move in the water via the respective propulsion mechanisms – at 30 and column 9 lines 9-23 of Langer, to drive the fishing net – at 2,8 of Pearlman – see figures 2A,6 and paragraphs [0050]-[0056] of Pearlman and see the independent net drivers – at 1,3 and 9 in figures 1-3 of Kaliningrad Fish, in that when using the propulsion mechanisms of Langer with the net drivers of Pearlman and Kaliningrad Fish, the net can be moved automatically and independently given the automatic and independent operation detailed in Langer and given the independent operation of the net drivers – at 1,3,5 of Pearlman. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Shaanxi University of Science & Technology as modified by Langer and Alhuwaishel and add the net drivers as disclosed by Pearlman with the propulsion mechanisms of Lnager, so as to yield the predictable result of automatically controlling operation of the net so as to automatically catch/capture fish during use.
Referring to claim 22, Shaanxi University of Science & Technology as modified by Langer, Alhuwaishel, Pearlman and Kaliningrad Fish does not disclose the fishing net comprises a plurality of fishing nets, wherein each of the plurality of fishing nets has a plurality of submersible net drivers connected thereto. However, it would have been obvious to one of ordinary skill in the art to take the device of Shaanxi University of Science and Technology as modified by Langer, Alhuwaishel, Pearlman and Kaliningrad Fish and duplicate the parts as claimed so as to provide multiple nets and submersible fishing implements, so as to yield the predictable result of allowing more fish to be caught during use.
Referring to claim 23, Shaanxi University of Science and Technology as modified by Langer, Alhuwaishel, Pearlman and Kaliningrad Fish further discloses at least one of a camera – see column 10 line 27 to column 11 line 67 of Langer, and a sensor – at any of 15a-15n, mounted to the submersible active net drivers – see figures 1-4d of Langer, wherein the at least one camera and sensor are configured to detect the presence of fish in the area – see column 7 line 25-57, column 10 line 27 to column 11 line 67 and column 12 lines 56-62 of Langer, and wherein the controller – at 6, directs the submersible active net drivers – at 4, to open and close the nets to capture the fish – see paragraphs [0014], [0023] and [0024] of Shaanxi University of Science and Technology, and return the device to the vessel – see column 9 lines 1-25 of Langer. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Shaanxi University of Science and Technology as modified by Langer, Alhuwaishel, Pearlman and Kaliningrad Fish and add the data collection system and propulsion mechanism of Langer, so as to yield the predictable result of automatically controlling the device to better facilitate the capture of fish during use.
Response to Arguments
4. Regarding the 35 U.S.C. 112(b) rejections of claims 1 and 21, applicant has invoked 35 U.S.C. 112(f) means plus function analysis with respect to the claimed depth adjustment mechanism and applicant’s originally filed disclosure details related structures for the claimed depth adjustment mechanism and also uses the phrase “for example” when detailing the structures of the claimed depth adjustment mechanism. The phrase “for example” implies other structures than those disclosed in applicant’s originally filed disclosure can be used and since there is no specific details as to what other structures encompass the other implied structures related to the “for example” language it is unclear to what other structures related to the claimed depth adjustment mechanism are being contemplated by the claim. Further, applicant cites case law that is not specific to this rejection in that the case law does not discuss the particular circumstances related to the this rejection in that the case law does not discuss whether indefinite language in applicant’s originally filed disclosure renders claims indefinite when 35 U.S.C. 112(f) is invoked.
Regarding the prior art rejections of claim 1, the Langer reference US 5581930 discloses the submersible fishing implement comprising, a leader line – see the line between items 9 and 13 in figure 1, the line between items 41’-42 in figure 3, the line between items 41 and 42 in figure 3a, the line between items 86 and 88 in figure 5, the line between items 98 and 100 in figure 6, the line between items 262 and 272 in figure 16, a submersible lure driver – at 11-13, 41’, 41, 86, 100, 260, configured to attach to the leader line – see figures 1, 3, 3a, 5-6 and 16, and configured to attach directly to the distal end of the fishing line – see at 56 in figures 4-4d, see – at 187 in figure 10, see figure 12a and – see at 258 in figure 16, the submersible lure driver comprising, power supply configured to supply power to the submersible lure driver – see at column 6 line 59 to column 7 line 2 – see at 48, a propulsion mechanism – at 30 – such as propellers detailed in column 9 lines 9-15, configured to drive movement of the submersible lure driver in the body of water – see for example column 9 line 9-15, and a depth adjustment mechanism – at bladder 30 – see column 9 lines 9-15 detailing bladder and propulsion mechanism can be used together, configured to adjust the depth of the submersible lure driver in the body of water – see for example column 9 lines 9-15 and Langer further discloses the newly added claim limitations of applicant’s claim amendments dated 1-23-26 in that Langer discloses the lure – at 9, 23,88,98 and 262 of Langer, and the submersible lure driver – at 11-13, 41, 41’, 86 and 260 of Langer, are separate components – see figures 1-13 of Langer where these components are not integral components and are individual/separate components. Further, the Alhuwaishel reference US 8919034 is not used to disclose the claim limitations of a submersible lure driver configured to attach directly to the distal end of the fishing line, the submersible lure driver comprising a leader line having a proximal end and a distal end, the proximal end of the leader line configured to attach directly to the submersible lure driver, and a lure attached to the leader line distal of the submersible lure driver, wherein the lure is a separate component to the submersible lure driver as detailed earlier in paragraph 3 of this office action. Further, the Daniel reference US 6389732 discloses the lure driver – at 30, is at least partially submersible and the leader line – at 47, is fully submersible during use and therefore can be used in a fully submersible lure driver such as disclosed by Langer with the combination of these references rendering the claims obvious as detailed earlier in paragraph 4 of this office action and Daniel discloses the newly added claim limitations of applicant’s claim amendments dated 1-23-26 in that Daniel discloses the lure – at 9, 23,88,98 and 262 of Langer and – at 35 of Daniel, and the submersible lure driver – at 11-13, 41, 41’, 86 and 260 of Langer and – at 30 of Daniel, are separate components – see figures 1-13 of Langer and figures 1-2 of Daniel. Further, the Lo reference US 5293712 discloses the distal end of the fishing line – at 351, is connected directly to the lure driver – at 30 – see figure 7 is at least partially submersible, and the proximal end of the leader line – at 352, is connected directly to the lure driver – at 30 – see figure 7, but Lo is not used to disclose a submersible lure driver as detailed earlier in paragraph 3 of this office action. Therefore the combination of these references renders the claim obvious as detailed earlier in paragraph 3 of this office action.
Regarding the prior art rejections of claims 2-20 and 25-26, applicant relies upon the same arguments with respect to parent claim 1 discussed earlier.
Regarding the prior art rejections of claim 21, the Shaanxi reference CN 103392677 discloses the submersible fishing implement comprises a net (Para. [0023]) and further discloses a plurality of active submersible net drivers – at 4 and iron, connected to the fishing net – see figures 2-3, the active submersible net drivers comprising, a power supply – see paragraphs [0014] and [0023] where a power supply would have to be associated with the drivers – at 4 to function as disclosed, the power supply configured to supply power to the submersible net driver – see paragraphs [0014] and [0023], a depth adjustment mechanism – see inflatable edge of the net in paragraph [0024], configured to adjust the depth of the submersible net drive in the body of water – see paragraph [0024]. The Langer reference is not used to disclose the claimed net(s) and does disclose a submersible drive used for catching fish and therefore has similar function to that of Shaanxi and Langer further discloses a propulsion mechanism(s) – at 30, that move independently and automatically as seen in column 9 lines 9-23. Further, the Pearlman reference US 2015/0272094 discloses the expanding of the net as detailed earlier in paragraph 3 of this office action and therefore the combination of these references renders the claims obvious as detailed earlier in paragraph 3 of this office action. Further, the Kaliningrad Fish reference SU Patent No. 420291 discloses net drivers – at 1,3,7,8,9,10, are configured to collapse the at least one opening of the net to capture fish – see figures 1-2 and the English abstract. Further, the combination of references discloses the newly added claim limitations of applicant’s claim amendments dated 1-23-26 in that Shaanxi as modified by Langer, Alhuwaishel, Pearlman and Kaliningrad Fish further discloses the submersible net drivers – at 1,3,5,6,10 of Pearlman, that are configured to receive a navigation signal from the controller – see figures 2A,6 and paragraphs [0050]-[0056], and automatically and independently move in the water via the respective propulsion mechanisms – at 30 and column 9 lines 9-23 of Langer, to drive the fishing net – at 2,8 of Pearlman – see figures 2A,6 and paragraphs [0050]-[0056] of Pearlman and see the independent net drivers – at 1,3 and 9 in figures 1-3 of Kaliningrad Fish, in that when using the propulsion mechanisms of Langer with the net drivers of Pearlman and Kaliningrad Fish, the net can be moved automatically and independently given the automatic and independent operation detailed in Langer and given the independent operation of the net drivers – at 1,3,5 of Pearlman. Therefore the combination of these references renders the claim obvious as detailed earlier in paragraph 3 of this office action.
Regarding the prior art rejections of claims 22-24, applicant relies upon the same arguments with respect to parent claim 21 discussed earlier.
Conclusion
5. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J PARSLEY whose telephone number is (571)272-6890. The examiner can normally be reached Monday-Friday, 8am-4pm EST.
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/DAVID J PARSLEY/Primary Examiner, Art Unit 3643