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 .
Response to Amendment
The amendment filed 7/31/2026 has been entered. Claims 1, 4-5, 9-10 have been amended. Claims 3 and 8 have been cancelled. Claims 1-2, 4-7, 9-14 remain pending in the application. Examiner appreciates the thorough explanation of the invention and amendments provided in the applicant’s response. Unfortunately, the claims remain obviated in view of Applicant’s amendments as explained below.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 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.
Claim Rejections - 35 USC § 103
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) 1-2, 4-7, 9-14 are rejected under 35 U.S.C. 103 as being unpatentable over Hoitsutei (JP H06255575 A) in view of Miller (US Patent No. 9926051).
Regarding claim 1, Hoitsutei teaches a fin (element 11) configured to be attached to a board (Figures 1-7), wherein the board comprises a front and rear portion, wherein the board comprises a top and bottom surface, wherein the fin is configured to be attached to the rear portion of the bottom surface of a board (¶ [0016-0030] and Figures 1-7), wherein a core member (leg members, elements 20) having high strength is provided in the fin so as to be arranged biasedly toward a board side of the fin (¶ [0016-0030] and Figures 1-7), but fails to specifically teach wherein an outer edge of the core member extends continuously from a front leg portion to a rear leg portion of the fin to be attached to the back surface side of the board. However, use of core portions connected from front leg portion to rear leg portion and attached to back surface sides of boards are well known in the art as is evidenced by Figure 1 of Miller. It would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify the core of Hoitsutei with the connected core of Miller, in order to provide additional strength and support to the interior core of the fin to increase durability and longevity of use.
Regarding claim 2, Hoitsutei in view of Miller teaches the invention in claim 1, wherein the core member is arranged along an outer shape of the fin (Figure 1 of Hoitsutei inasmuch as applicant has claimed).
Regarding claim 4, Hoitsutei in view of Miller teaches the invention in claim 1, wherein a leading end of the core member is positioned on a board side of a top point of a rear edge portion of the fin (Figure 1 of Hoitsutei depicts that the leading end of the core members are positioned closer to the board than the apex of the rear edge portion of the fin).
Regarding claim 5, Hoitsutei in view of Miller teaches the invention in claim 1, wherein a rear end of the core member is positioned on the front side of a base point of a rear edge portion of the fin (Figure 1 of Hoitsutei depicts that the rear ends of the core members are positioned further forward than the base point of the rear edge portion of the fin).
Regarding claim 6, Hoitsutei in view of Miller teaches the invention in claim 1, wherein the core member is formed of a wire rod (¶ [0016-0030] and Figures 1-7 of Hoitsutei).
Regarding claim 7, Hoitsutei in view of Miller teaches the invention in claim 1, wherein the core member is bonded to a base member forming the fin (Figures 5-7 and ¶ [0016-0031] of Hoitsutei teach a plurality of different bonding between the core and base plug 12).
Regarding claim 9, Hoitsutei in view of Miller teaches the invention in claim 2, wherein a leading end of the core member is positioned on a board side of a top point of a rear edge portion of the fin (Figure 1 of Hoitsutei depicts that the leading end of the core members are positioned closer to the board than the apex of the rear edge portion of the fin).
Regarding claim 10, Hoitsutei in view of Miller teaches the invention in claim 2, wherein a rear end of the core member is positioned on the front side of a base point of a rear edge portion of the fin Figure 1 of Hoitsutei depicts that the rear ends of the core members are positioned further forward than the base point of the rear edge portion of the fin).
Regarding claim 11, Hoitsutei in view of Miller teaches the invention in claim 2, wherein the core member is formed of a wire rod (¶ [0016-0030] and Figures 1-7 of Hoitsutei).
Regarding claim 12, Hoitsutei in view of Miller teaches the invention in claim 2, wherein the core member is bonded to a base (Figures 5-7 and ¶ [0016-0031] teach a plurality of different bonding between the core and base plug 12 of Hoitsutei).
Regarding claim 13, Hoitsutei in view of Miller teaches a board comprising a fin as claimed in claim 1, affixed to the board (abstract of Hoitsutei).
Regarding claim 14, Hoitsutei in view of Miller teaches a board comprising a fin as claimed in claim 13, wherein the board comprises a surfboard (Abstract of Hoitsutei).
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN MICHAEL HESTON whose telephone number is (571)272-3099. The examiner can normally be reached Mondays and Wednesdays: 0500-1300, Tuesdays 0500-1400, Thursdays and Fridays by appointment only..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy D Collins can be reached at 571-272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUSTIN MICHAEL HESTON/Examiner, Art Unit 3644
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