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 § 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) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mattison 4,700,504 in view of Mills 3,069,801, Choi 8,402,688, and Beaupre 5,016,387 or Nietupski 5,097,620.
In regard to claim 1, Mattison discloses a non-painted fake bait structure (10) comprising: a body (14) including a first casing (half of 14 with 22a) and a second casing (other half of 14 with 22b), the first casing being symmetrical to the second casing (symmetrical about 54; see Fig. 2), and the body also including a head (50), an extension (portion of 14 between 48 & 50), a tail (48), and a fish hook eyelet (64) fixed at a predetermined position of the body; wherein the body further includes a receiving groove (21 defined by each of 22a-b) defined therein and a scale-shaped pattern (24) formed on the receiving groove; a light-reflective counterweight (double sided light reflective tape or sheet 38) accommodated in the receiving groove of the body (see Fig. 2), and the light-reflective counterweight is accommodated in the receiving groove of the body (see Fig. 2), and the light-reflecting counterweight includes a reflecting stick adhered thereon (double sided light reflective tape or sheet 38 has reflective material adhered to both sides thereof), wherein a spaced distance is defined between the reflecting stick of the light-reflective counterweight (38) and the scale-shaped pattern (24; see Fig. 2) formed on the receiving groove (21 defined by each of 22a-b), such that the reflecting stick absorbs lights passing through the scale-shaped pattern (fish scale-like protrusions 24 formed integrally on interior surface 21 of body wall 16 which is fabricated of a translucent fluorescent polymer material which is capable of admitting light into the interior of the body from the ambient environment; also see col. 4, lines 6-25; see Fig. 2) to reflect refracted lights on the scale-shaped pattern of the body (light rays indicated by arrows 40 shown in Figs. 2, 3, and 5 to demonstrate the path of the light), thus forming reflection as fish scales to attract fishes to bite the non-painted fake bait structure, but does not disclose a diamond-shaped pattern formed on the receiving groove. Mills discloses a fishing lure wherein the body (hollow body 10 comprising main body portion 24) of the lure includes a receiving groove (see inner concave shaped surfaces of 24 in Figs. 2 & 6) defined therein and a diamond-shaped pattern (fish scale design 25 having a diamond shape as shown in Figs. 1, 3, 5) formed on the receiving groove, wherein a light-reflective surface (light reflecting element 30 or silver plating or coating 31) is accommodated in the receiving groove of the body (30 or 31 applied to inner surfaces of 24) and the light-reflective surface absorbs lights passing through the diamond-shaped pattern (25; body 10 is made from plastic preferably transparent) to reflect refracted lights on the diamond-shaped pattern (25) of the body (see col. 1, line 62 to col. 2, line 9 & col. 2, lines 37-45). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the diamond-shaped pattern of Mills for the scale-shaped pattern of Mattison in order to provide an alternative yet equally effective light modifying pattern that can serve to attract fish. Mattison also does not disclose the light-reflective counterweight used to actuate the body to swim in water like fishes, wherein the light-reflective counterweight made by at least one plastic injection mold includes multiple counterweight protrusions mounted therein, or a reflecting sticker adhered on the light-reflecting counterweight. Choi discloses a lure comprising a light-reflective counterweight (6) accommodated in the receiving groove of the body (see Figs. 7-8) and used to actuate the body to swim in water like fishes (Choi discloses at col. 7, lines 18-24 that “The core member 6 is formed in a hollow state, and a plurality of balls 66 are housed in the hollow part 61 of the core member 6. The hollow 61 of the core member 6 is formed in a shape elongated in the transverse direction so that the balls can move in the transverse direction. When the balls 66 move in the hollow 61 of the core member 6, the center of gravity of the lure 1 can be changed in the front/rear direction.”; the momentum of the balls 66 when they move in the transverse direction causes the lure body to move side to side during retrieval which simulates the swimming motion of a baitfish), wherein the light-reflective counterweight made by at least one plastic injection mold (core member 6 in the corrugated shape, a resin mold may be used [therefore core member 6 may be formed by plastic injection mold as claimed]; see col. 8, lines 55-56) includes multiple counterweight protrusions (66) mounted therein and which collide with the inner face of the counterweight/core member (6) to generate a rattle sound (see col. 7, lines 14-26) and that long projections (7) are formed on both side faces of the counterweight/core member (6) and that third (13) and fourth (14) coloring parts are on the projections (7) for providing coloration to the lure through the transparent lure body (3; see col. 7, line 63 to col. 8, line 21); and a reflecting sticker (on the surface of each core long projection 7 formed on side faces of core member 6, a third coloring part 13 expressing a desired color is provided on a side face 71 and a fourth coloring part 14 expressing a color different from that of the third coloring part 13 is provided on the other side face 72 and that the colors, coloring methods and the like of the third and fourth coloring parts 13 and 14 can be properly set in a manner similar to those of the first and second coloring parts 11 and 12 of the first embodiment---see col. 7, line to col. 8, line 4; wherein for the first embodiment Choi discloses at col. 5, line 66 to col. 6, line 4 that “The coloring process on the first and second coloring parts 11 and 12 is not particularly limited. For example, methods such as (1) application of an ink of a desired color and (2) adhesion of a sheet (including a film) painted in a desired color or metal foil such as aluminum foil can be mentioned.”) adhered on the light-reflecting counterweight (adhesion of a sheet painted in a desired color or metal foil such as aluminum foil) and wherein by providing the third (13) and fourth (14) coloring parts on the side faces of the core member (6), the color of the lure changes depending on a viewing direction without maintenance, so that target fish predation performance is excellent and the excellent fish collecting effect can be achieved for a long period (see col. 2, lines 28-61). 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 fishing lure of Mattison such that it comprises a light-reflective counterweight accommodated in the receiving groove of the body and used to actuate the body to swim in water like fishes, wherein the light-reflective counterweight made by at least one plastic injection mold includes multiple counterweight protrusions mounted therein, and a reflecting sticker adhered on the light-reflecting counterweight in view of Choi in order to provide means for causing the body to oscillate in the lateral direction to actuate the body to move side to side during retrieval and simulate the swimming action of a baitfish, means for generating a rattle sound that will audibly attract predatory fish to the fishing lure, and in order to provide a visually attractive effect to predatory fish by changing the color that can be seen depending upon the viewing direction so as to increase the likelihood of catching predatory fish. Mattison and Choi disclose a reflecting sticker (Choi discloses adhesion of a sheet, including a film, painted in a desired color or metal foil such as aluminum foil), but do not disclose the light-reflective counterweight includes a laser reflecting sticker. Beaupre discloses a fishing lure having a spinnable buoyant body equipped with reflective surfaced fins wherein the reflective material (44) may be a Mylar material and that Mylar tapes are available in laser (see col. 2, lines 33-43). Nietupski discloses a fishing lure with chum passage wherein the outer surface of the body (32) may be covered with any of a number of various visually arresting panels (33) and that these panels (33) can provide the appearance of laser or other colors or patterns (see col. 2, lines 21-39). 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 reflecting sticker of Mattison and Choi such that it is a laser reflecting sticker in view of Beaupre or Nietupski in order to provide the specific visual and reflective effect in the light-reflective counterweight which is associated with a laser reflecting sticker versus the sheet/film painted in a desired color or metal foil taught by Mattison and Choi so as to generate the desired visual appearance when reflecting external light that enters the body so as to attract the attention of predatory fish to the fishing lure.
In regard to claim 2, Mattison and Choi disclose wherein the multiple counterweight protrusions (66 of Choi) move in the light-reflective counterweight (6 of Choi; see col. 7, lines 14-26 of Choi).
In regard to claim 3, Mattison and Choi disclose wherein the body (14,16 of Mattison; 3 of Choi) is made of plastic material (16 of Mattison is fabricated of a transluscent polymer material---see col. 3, lines 60-61; see col. 4, lines 25-28 of Choi) and is transparent or translucent (see col. 3, lines 60-64 of Mattison; see col. 4, lines 6-24 of Choi).
Claim(s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yagi 2023/0122035 in view of Mattison 4,700,504, Mills 3,069,801, Choi 8,402,688, and Beaupre 5,016,387 or Nietupski 5,097,620.
In regard to claim 1, Yagi discloses a non-painted fake bait structure (1) comprising: a body (2) including a single casing which is symmetrical (see Figs. 3-4), and the body also including a head (left end of 2 in Fig. 3), an extension (portion of 2 between the ends of 2), a tail (right end of 2 in Fig. 3), and a fish hook (fishing lure inherently has a fish hook to catch fish) fixed at a predetermined position of the body; wherein the body further includes a receiving groove (11) defined therein and a shaped pattern (6 provided on inside of 11; see Figs. 4-6G) formed on the receiving groove; wherein a light-reflective counterweight (reflecting member 4 with reflecting surfaces 6 or reflectors 7) is accommodated in the receiving groove of the body (see Fig. 4), wherein the light-reflective counterweight made by at least one plastic injection mold (method for forming the reflecting surface that performs specular reflection include resin injection molding; see paras. 0061-62), and the light-reflective counterweight includes a reflecting sticker adhered thereon (reflecting surfaces 6 is formed by using vapor deposition coating, a holographic film, a hologram sheet, metal adhesion, resin adhesion, or glass-sheet adhesion and reflecting surfaces 6 formed by additive molding of a very thin coating film or formation of a coating film on a surface of a metal/resin mold; see paras. 0013,0046,0061), wherein a spaced distance is defined between the reflecting stick of the light-reflective counterweight (4) and the shaped pattern (6 on inside of 11), such that the reflecting stick absorbs lights passing through the shaped pattern (6 provided on inside of 11; see Figs. 4-6G) to reflect refracted lights on the shaped pattern of the body (see Fig. 4), thus forming reflection as fish scales to attract fishes to bite the non-painted fake bait structure, but does not disclose the body including a first casing and a second casing, the first casing being symmetrical to the second casing or a fish hook eyelet fixed at a predetermined position of the body. Mattison discloses a body (14) including a first casing (half of 14 with 22a) and a second casing (other half of 14 with 22b), the first casing being symmetrical to the second casing (see Fig. 2) and a fish hook eyelet (64) fixed at a predetermined position of the body (see Fig. 1 or 4). 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 body of Yagi such that it includes a first casing and a second casing, the first casing being symmetrical to the second casing and a fish hook eyelet fixed at a predetermined position of the body in view of Mattison in order to provide a fishing lure assembly that facilitates the light-reflective counterweight being installed inside the body before the two halves of the body are joined together to form the body and to provide means at fixed locations on the body for securing the hooks so that the hooks can move relative to the body so that the hooks can become more easily snagged within the mouth of the predatory fish. Yagi also does not disclose a diamond-shaped pattern formed on the receiving groove. Mills discloses a fishing lure wherein the body (hollow body 10 comprising main body portion 24) of the lure includes a receiving groove (see inner concave shaped surfaces of 24 in Figs. 2 & 6) defined therein and a diamond-shaped pattern (fish scale design 25 having a diamond shape as shown in Figs. 1, 3, 5) formed on the receiving groove, wherein a light-reflective surface (light reflecting element 30 or silver plating or coating 31) is accommodated in the receiving groove of the body (30 or 31 applied to inner surfaces of 24) and the light-reflective surface absorbs lights passing through the diamond-shaped pattern (25; body 10 is made from plastic preferably transparent) to reflect refracted lights on the diamond-shaped pattern (25) of the body (see col. 1, line 62 to col. 2, line 9 & col. 2, lines 37-45). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the diamond-shaped pattern of Mills for the shaped pattern of Yagi in order to provide an alternative yet equally effective light modifying pattern that can serve to attract fish. Yagi also does not disclose the light-reflective counterweight used to actuate the body to swim in water like fishes, wherein the light-reflective counterweight includes multiple counterweight protrusions mounted therein. Choi discloses a lure comprising a light-reflective counterweight (6) accommodated in the receiving groove of the body (see Figs. 7-8) and used to actuate the body to swim in water like fishes (Choi discloses at col. 7, lines 18-24 that “The core member 6 is formed in a hollow state, and a plurality of balls 66 are housed in the hollow part 61 of the core member 6. The hollow 61 of the core member 6 is formed in a shape elongated in the transverse direction so that the balls can move in the transverse direction. When the balls 66 move in the hollow 61 of the core member 6, the center of gravity of the lure 1 can be changed in the front/rear direction.”; the momentum of the balls 66 when they move in the transverse direction causes the lure body to move side to side during retrieval which simulates the swimming motion of a baitfish), wherein the light-reflective counterweight made by at least one plastic injection mold (core member 6 in the corrugated shape, a resin mold may be used [therefore core member 6 may be formed by plastic injection mold as claimed]; see col. 8, lines 55-56) includes multiple counterweight protrusions (66) mounted therein and which collide with the inner face of the counterweight/core member (6) to generate a rattle sound (see col. 7, lines 14-26) and that long projections (7) are formed on both side faces of the counterweight/core member (6) and that third (13) and fourth (14) coloring parts are on the projections (7) for providing coloration to the lure through the transparent lure body (3; see col. 7, line 63 to col. 8, line 21); and a reflecting sticker (on the surface of each core long projection 7 formed on side faces of core member 6, a third coloring part 13 expressing a desired color is provided on a side face 71 and a fourth coloring part 14 expressing a color different from that of the third coloring part 13 is provided on the other side face 72 and that the colors, coloring methods and the like of the third and fourth coloring parts 13 and 14 can be properly set in a manner similar to those of the first and second coloring parts 11 and 12 of the first embodiment---see col. 7, line to col. 8, line 4; wherein for the first embodiment Choi discloses at col. 5, line 66 to col. 6, line 4 that “The coloring process on the first and second coloring parts 11 and 12 is not particularly limited. For example, methods such as (1) application of an ink of a desired color and (2) adhesion of a sheet (including a film) painted in a desired color or metal foil such as aluminum foil can be mentioned.”) adhered on the light-reflecting counterweight (adhesion of a sheet painted in a desired color or metal foil such as aluminum foil) and wherein by providing the third (13) and fourth (14) coloring parts on the side faces of the core member (6), the color of the lure changes depending on a viewing direction without maintenance, so that target fish predation performance is excellent and the excellent fish collecting effect can be achieved for a long period (see col. 2, lines 28-61). 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 light-reflective counterweight of Yagi such that it is used to actuate the body to swim in water like fishes and includes multiple counterweight protrusions mounted therein in view of Choi in order to provide both means for causing the body to oscillate in the lateral direction to actuate the body to move side to side during retrieval and simulate the swimming action of a baitfish and means for generating a rattle sound that will audibly attract predatory fish to the fishing lure. Yagi also does not disclose the light-reflective counterweight includes a laser reflecting sticker. Beaupre discloses a fishing lure having a spinnable buoyant body equipped with reflective surfaced fins wherein the reflective material (44) may be a Mylar material and that Mylar tapes are available in laser (see col. 2, lines 33-43). Nietupski discloses a fishing lure with chum passage wherein the outer surface of the body (32) may be covered with any of a number of various visually arresting panels (33) and that these panels (33) can provide the appearance of laser or other colors or patterns (see col. 2, lines 21-39). 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 reflecting sticker of Yagi such that it includes a laser reflecting sticker in view of Beaupre or Nietupski in order to provide the specific visual and reflective effect for the light-reflective counterweight so as to generate the desired visual appearance for attracting the predatory fish to the fishing lure.
In regard to claim 2, Yagi and Choi disclose wherein the multiple counterweight protrusions (66 of Choi) move in the light-reflective counterweight (6 of Choi---see col. 7, lines 14-26 of Choi).
In regard to claim 3, Yagi and Choi disclose wherein the body (2 of Yagi; 3 of Choi) is made of plastic material (2 of Yagi formed by using ABS resin or acrylic resin---see para. 0045; see col. 4, lines 25-28 of Choi) and is transparent or translucent (see para. 0045 of Yagi; see col. 4, lines 6-24 of Choi).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
In regard to applicant’s argument that “The Applicant asserts that component number 38 of Mattison does not teach…the limitations of Claim 1…is a double sided piece of reflective tape…is not used as a counterweight used to actuate the body to swim in water like fishes, and made by at least one plastic injection mold, as is recited in Claim 1 of the present application.”, the Examiner contends that the modifying reference of Choi discloses the counterweight (6) used to actuate the body to swim in water like fishes (see col. 7, lines 18-24) and which is made by at least one plastic injection mold (see col. 7, line 49-58).
In regard to applicant’s argument that “The Office Action further cites Choi as including counterweight protrusions…Choi merely discloses counterweight balls housed within an inner portion of the lure, which is not like the Applicant’s claimed ‘multiple counterweight protrusions mounted in the counterweigh’, the Examiner contends that the core member (6) which is mounted inside of the lure body (1) of Choi has been interpreted by the Examiner as the same structure as applicant’s light-reflective counterweight (20) which is mounted inside the lure body (10) of the desired invention. Applicant has failed to present specific arguments which clearly elaborate as to how exactly the light-reflective counterweight (20) of the desired invention is being distinguished from the light-reflective counterweight (6) of Choi with respect to the language recited in any of applicant’s pending claims 1-3.
In regard to applicant’s argument that “Mattison does not disclose the light-reflective counterweight includes a laser reflecting stick, but relies on Beaupre or Nietupski to disclose the limitation. However, the Applicant’s claimed laser reflecting sticker is used to adhere on the counterweight.”, the Examiner contends that the modifying reference of Choi generally discloses the light-reflective counterweight (core member 6) which includes a reflecting sticker (on the surface of each core long projection 7 formed on side faces of core member 6, a third coloring part 13 expressing a desired color is provided on a side face 71 and a fourth coloring part 14 expressing a color different from that of the third coloring part 13 is provided on the other side face 72 and that the colors, coloring methods and the like of the third and fourth coloring parts 13 and 14 can be properly set in a manner similar to those of the first and second coloring parts 11 and 12 of the first embodiment---see col. 7, line to col. 8, line 4; wherein for the first embodiment Choi discloses at col. 5, line 66 to col. 6, line 4 that “The coloring process on the first and second coloring parts 11 and 12 is not particularly limited. For example, methods such as (1) application of an ink of a desired color and (2) adhesion of a sheet (including a film) painted in a desired color or metal foil such as aluminum foil can be mentioned.”).
In regard to applicant’s argument that “Yagi’s reflecting member 4 is similar to Mattison’s double sided light reflective tape or sheet 38, and the counterweight and a laser reflecting sticker adhered on the counterweight of the Applicant’s Claim 1 are not the same as the reflecting member of Yagi, because the reflecting member of Yagi may not be regarded as a counterweight.”, the Examiner contends that Yagi discloses the counterweight (reflecting member 4) and a reflecting sticker (reflecting surfaces 6 is formed by using vapor deposition coating, a holographic film, a hologram sheet, metal adhesion, resin adhesion, or glass-sheet adhesion and reflecting surfaces 6 formed by additive molding of a very thin coating film or formation of a coating film on a surface of a metal/resin mold; see paras. 0013,0046,0061) adhered on the counterweight and that the modifying reference of Choi discloses the counterweight (core member 6) and a reflecting sticker adhered on the counterweight (on the surface of each core long projection 7 formed on side faces of core member 6, a third coloring part 13 expressing a desired color is provided on a side face 71 and a fourth coloring part 14 expressing a color different from that of the third coloring part 13 is provided on the other side face 72 and that the colors, coloring methods and the like of the third and fourth coloring parts 13 and 14 can be properly set in a manner similar to those of the first and second coloring parts 11 and 12 of the first embodiment---see col. 7, line to col. 8, line 4; wherein for the first embodiment Choi discloses at col. 5, line 66 to col. 6, line 4 that “The coloring process on the first and second coloring parts 11 and 12 is not particularly limited. For example, methods such as (1) application of an ink of a desired color and (2) adhesion of a sheet (including a film) painted in a desired color or metal foil such as aluminum foil can be mentioned.”).
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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