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 17 is objected to because of the following informalities:
Claim 17 recites “are substantially a same width”, which should be “have substantially a same width”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claims 3, and 13 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
Claims 3 and 13 recite “a plurality of right portions and a plurality of left portions” but the independent claims to which these claims depend on, claims 1 and 9 respectively, already claimed for “a plurality of right portions and a plurality of left portions”. It is unclear if claims 3 and 13 are referring to the same right and left portions or another set of right and left portions due to the article “a”. For the purpose of examination, the Examiner interprets the claims to refer back to the same right and left portions.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 3, 5-7, and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stevenson et al. (US 5934006), hereinafter Stevenson.
Regarding claim 1, Stevenson teaches of (fig. 3) a fishing lure (third embodiment 12) comprising:
a body comprising:
a dynamic portion (sinuous portion 13) comprising a plurality of right portions and plurality of left portions (right and left portions of the dynamic portion 13) separated via a plurality of gaps (gaps in the dynamic portion 13); and
a static portion (straight portion in front of sinuous portion 13);
wherein the dynamic portion is shaped as a serpentine path (seen in fig. 3); and
wherein the dynamic portion is configured to move between at least two of a resting position, a retracted position, and an expanded position based upon movement of water surrounding the fishing lure (col. 2 lines 6-21, sinuous versions extend and retract when pulled through the water; Movement of water can also make the lure extend and retract, similar to movement with the fishing line. Pulling the lure through the water also causes movement of water that affects the retraction and expansion of the lure) and wherein at least two of the plurality of gaps are substantially parallel to each other (annotated fig. 1 below, the gaps extend laterally and are parallel to each other. The gaps have the same distance apart and will not intersect).
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Annotated Fig. 1: Fig. 3 of Stevenson
Regarding claim 3, Stevenson teaches of claim 1, and (fig. 3) wherein the dynamic portion (13) comprises a plurality of right portions (right sides of the portion 13) and a plurality of left portions (left sides of the portion 13) connected via a plurality of attachment members (connection between the right and left portions).
Regarding claim 5, Stevenson teaches of claim 1, and wherein, in a first position, the plurality of gaps have a first width, and wherein, in a second position, the plurality of gaps have a second width (col. 2 lines 6-21, extended position is a first position that would have a first width and the retracted position would be a second position with a second width).
Regarding claim 6, Stevenson teaches of claim 5, and wherein (col. 2 lines 6-21) the first width is greater than the second width, and wherein the first position corresponds to the expanded position (extended position) and the second position corresponds to the retracted position (retracted position).
Regarding claim 7, Stevenson teaches of claim 1, and wherein a first end of the body attaches to a fishing line (fig. 3, first end by hook 6 would be where the fishing line is attached).
Regarding claim 17, Stevenson teaches of (fig. 3) a fishing lure (third embodiment 12) comprising:
a body comprising a dynamic portion (sinuous portion 13) comprising a plurality of right portions and plurality of left portions (right and left portions of the dynamic portion 13) separated via a plurality of gaps (gaps in the dynamic portion 13); and
wherein the dynamic portion is shaped as a serpentine path (seen in fig. 3); and
wherein the dynamic portion is configured to retract or expand based on movement of water surrounding the fishing lure (col. 2 lines 6-21, sinuous versions extend and retract when pulled through the water; Movement of water can also make the lure extend and retract, similar to movement with the fishing line. Pulling the lure through the water also causes movement of water that affects the retraction and expansion of the lure) wherein, in a resting position (position seen in fig. 3), at least two of the plurality of gaps have substantially a same width (annotated fig. 1, the 2 big gaps, which are the gaps at lines labeled 1 and 3, have substantially the same width. The two smaller gaps, which are the gaps at the lines labeled 2 and 4 in annotated fig. 1, have substantially the same width).
Regarding claim 18, Stevenson teaches of claim 17, and wherein the body further comprises a static portion (fig. 3, straight portion in front of sinuous portion 13).
Regarding claim 19, Stevenson teaches of claim 17, and (fig. 3) wherein the dynamic portion (13) comprises a plurality of right portions (right sides of the portion 13) and a plurality of left portions (left sides of the portion 13) connected via a plurality of attachment members (connection between the right and left portions).
Regarding claim 20, Stevenson teaches of claim 17, and wherein:
in a first position, the plurality of gaps have a first width, and in a second position, the plurality of gaps have a second width (col. 2 lines 6-21, extended position is a first position that would have a first width and the retracted position would be a second position with a second width).
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.
Claims 9-10, 12-13, and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Stevenson.
Regarding claim 9, Stevenson teaches of (fig. 3) a fishing lure (third embodiment 12) comprising:
a body comprising a dynamic portion (sinuous portion 13) comprising a plurality of right portions and plurality of left portions (right and left portions of the dynamic portion 13) separated via a plurality of gaps (gaps in the dynamic portion 13);
wherein the dynamic portion is configured to move between at least two of a resting position, a retracted position, and an expanded position based upon movement of water surrounding the fishing lure (col. 2 lines 6-21, sinuous versions extend and retract when pulled through the water; Movement of water can also make the lure extend and retract, similar to movement with the fishing line. Pulling the lure through the water also causes movement of water that affects the retraction and expansion of the lure).
Stevenson does not appear to teach of wherein the plurality of right portions and the plurality of left portions are substantially straight.
However, the embodiment of Stevenson in fig. 2 teaches of wherein the plurality of right portions and the plurality of left portions are substantially straight (straight lines form the right and left portions of the jagged configuration 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the embodiment in fig. 3 of Stevenson to incorporate the teachings of the embodiment of fig. 2 of wherein the plurality of right portions and the plurality of left portions are substantially straight in order to simulate a worm when in a dynamic mode as motivated by Stevenson in col. 3 lines 12-19.
Regarding claim 10, Stevenson as modified teaches of claim 9, and wherein the body further comprises a static portion (fig. 3, straight portion in front of sinuous portion 13).
Regarding claim 12, Stevenson as modified teaches of claim 9, and wherein the dynamic portion is shaped as a serpentine path (seen in fig. 3).
Regarding claim 13, Stevenson as modified teaches of claim 9, and (fig. 3) wherein the dynamic portion (13) comprises a plurality of right portions (right sides of the portion 13) and a plurality of left portions (left sides of the portion 13) connected via a plurality of attachment members (connection between the right and left portions).
Regarding claim 15, Stevenson as modified teaches of claim 9, and wherein, in a first position, the plurality of gaps have a first width, and wherein, in a second position, the plurality of gaps have a second width (col. 2 lines 6-21, extended position is a first position that would have a first width and the retracted position would be a second position with a second width).
Regarding claim 16, Stevenson as modified teaches of claim 15, and wherein (col. 2 lines 6-21) the first width is greater than the second width, and wherein the first position corresponds to the expanded position (extended position) and the second position corresponds to the retracted position (retracted position).
Claims 2 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Stevenson in view of Oelerich et al. (US 20050235550), hereinafter Oelerich.
Regarding claims 2 and 11, Stevenson teaches of claim 1 and as modified teaches of claim 10, but does not appear to teach of wherein a shape and a size of the static portion remains substantially the same as the fishing lure moves through water.
Oelerich teaches of (fig. 1) wherein a shape and a size of the static portion (first region 15) remains substantially the same as the fishing lure moves through water (¶0049, first region 15 is a rigid head that would remain substantially the same as the fishing lure moves through water).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Stevenson to incorporate the teachings of Oelerich of wherein a shape and a size of the static portion remains substantially the same as the fishing lure moves through water in order to have the head better suited to engage and hold a hook as motivated by Oelerich in para. 0049.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Stevenson in view of Olsby (US 0821732).
Regarding claim 8, Stevenson teaches of claim 7, but does not appear to teach of wherein each of the plurality of attachment members have varying heights.
Olsby teaches of wherein each of the plurality of attachment members have varying heights (fig. 2, the height of the attachment members in part 2 decreases towards the tail tip).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Stevenson to incorporate the teachings of Olsby of wherein each of the plurality of attachment members have varying heights in order to imitate the tapering shape of a fish tail, a tadpole tail, or any shape that would attract fish.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 5-13, and 15-20 have been considered but are moot because the new ground of rejection is in response to new claim amendments containing substantive changes to the scope of the claims that were not specifically challenged in the previous rejection. Stevenson and the other cited prior art read upon the claims as recited above.
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 ZOE TRAN whose telephone number is (571)272-8530. The examiner can normally be reached M-Th 7:30am-6pm EST.
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/ZOE TAM TRAN/ Examiner, Art Unit 3647
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