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 Objections
Claim 1 is objected to because of the following informalities:
Claim 1, line 13, the term “blocks” should be replaced with --block--;
Claim 1, line 21, the term --an-- should be inserted before “outside”.
Appropriate correction is required.
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 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; wherein the body is made of plastic material and is translucent (body wall 16 is fabricated of a translucent fluorescent polymer material---see col. 3, lines 60-61) so the scale-shaped pattern (24) is seen from outside surface of the body (outside surface of 14; see Fig. 2), 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, and the multiple counterweight protrusions are movable in the light-reflective counterweight or a reflecting sticker adhered on the light-reflecting counterweight to block shadows created by movements of the multiple counterweight protrusions in the light-reflective 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 the multiple counterweight protrusions are movable in the light-reflective counterweight (see Fig. 7 which shows protrusions 66 capable of moving in space defined within counterweight 6; see col. 7, lines 14-26 of Choi) 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) to block shadows created by movements of the multiple counterweight protrusions (66) in the light-reflective counterweight (6), 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); wherein the body (1) is made of plastic material and is translucent (see col. 4, lines 6-24 of Choi) so the interior of the body including the light reflective counterweight (6) can be seen from an outside surface of the body. 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 light reflecting sticker adhered on the light-reflecting counterweight, and the multiple counterweight protrusions are movable in the light-reflective counterweight and the reflecting sticker adhered on the light-reflecting counterweight to block shadows created by movements of the multiple counterweight protrusions in the light-reflective 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 while their presence are being disguised from predatory fish, 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.
Claim(s) 1 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; wherein the body (2) is made of plastic material (body 2 formed by resin such as ABS, acryl or the like; see para. 0045) and is translucent (translucent body disclosed at para. 0064) so the shaped pattern (6 provided on inside of 11; see Figs. 4-6G), 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, and the multiple counterweight protrusions are movable in the light-reflective 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 the multiple counterweight protrusions are movable in the light-reflective counterweight (see Fig. 7 which shows protrusions 66 capable of moving in space defined within counterweight 6; see col. 7, lines 14-26 of Choi ) 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 light 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); wherein the body (1) is made of plastic material and is translucent (see col. 4, lines 6-24 of Choi) so the interior of the body including the light reflective counterweight (6) can be seen from an outside surface of the body. 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, and the multiple counterweight protrusions are movable in the light-reflective counterweight and a reflecting sticker adhered on the light-reflecting counterweight to block shadows created by movements of the multiple counterweight protrusions in the light-reflective counterweight 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 while their presence are being disguised from predatory fish 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.
Response to Arguments
Applicant's arguments filed 04/27/2026 have been fully considered but they are not persuasive.
In regard to applicant’s argument that “The Applicant respectfully submits that at least the emphasized features as recited in claim 1 are not disclosed….by Yagi, Mattison, Mills, Choi, Beupre, and Nietupski…the fake bait structure of present application includes the translucent body to show the diamond-shaped pattern formed on the inner surface of the body, the light-reflective counterweight accommodated inside the body, and the laser reflecting sticker adhered on the light-reflective counterweight.”, the Examiner contends that the primary reference of Yagi discloses a translucent body at paragraph 0064 of its specification and the primary reference of Mattison discloses a translucent body in claim 1 which allow the respective internal components of Yagi and Mattison to be viewed from an outside surface of the body. The modifying reference to Choi discloses a light-reflective counterweight (6) inside the body (1) and the 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 (6). The further modifying reference to Mills discloses the diamond-shaped pattern (fish scale design 25 having a diamond shape as shown in Figs. 1, 3, 5) formed on the receiving groove (see inner concave shaped surfaces of 24 in Figs. 2 & 6) and the further modifying references to Beaupre and Nietupski disclose the laser reflecting stickers. Therefore, the Examiner asserts that the combination of references of the prior art of record have been reasonably and properly combined to teach the fake bait structure of the desired invention as claimed.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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
Prosecution Insights