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 .
Election/Restrictions
Claims 3-4 and 10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 08/26/2025.
Drawings
The drawings were received on 11/10/2025. These drawings are approved by the Examiner.
Claim Objections
Claims 9 and 11 are objected to because of the following informalities:
Claim 9, line 5, the term “the water surface” should be replaced with --a water surface of the body of water-- because the term “the water surface” lacks antecedent basis.
Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, 6-9, and 11 is/are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Denmon 2025/0113819.
In regard to claim 1, Denmon discloses a method for attracting waterfowl, comprising: providing a device (1; see Fig. 1) configured to produce water sounds (splashing), the device comprising a motor (20), a reciprocating pole (lower occurrence of 61 in Fig. 1; the term “reciprocating pole” represents a part of the present invention which was newly introduced and disclosed in the present CIP application filed on 07/22/2024 [see paragraphs 00008, 00029, 00042-43 of the present application versus the parent application 17/695,802 filed on 03/15/2022 which only discloses “reciprocating motion” in paragraphs 0023 and 0026 and merely discloses a pole 102 throughout the specification thereof, but does not disclose in any part of the specification the “reciprocating pole”] and therefore the effective filing date of the Denmon reference which is 10/05/2023 and represents the filing date of the related Provision Application Number 63/542,563 pre-dates the filing date of the present application which is 07/22/2024), and a sound-producing puck (30); positioning the device near a body of water wherein the puck is at or near a water surface of the body of water (located above the water surface; see para. 0055, lines 1-5; the particular recitation of this step of “positioning the device near a body of water wherein the puck is at or near a water surface of the body of water” represents a part of the present invention which was newly introduced and disclosed in the present Continuation-in-Part application filed on 07/22/2024 [see paragraphs 00008, 00010, 00042, 00044-45 and Figs. 9A-B of the present application which generally disclose the device including a pole 102 and a sound-producing puck 103 which are positioned adjacent to a body of water such that the puck is at or near the water surface as shown in Figs. 9A-B and specifically it is stated in paragraph 00042 that “Referring now to FIGS. 7A-B, pole 102 configured for reciprocating motion, via a motor from a stand alone device or existing spinning wing decoy, is configured to move up and down…as shown via arrows 802 and 803 in FIG. 7A and 7B respectively. Coupled to a distal end of the pole is a sound producing puck 103, generally having a bottom section with a sufficient surface area to slap the surface of the water 510 during use.” and specifically it is stated in paragraph 00043 that “the device 100 comprises a reciprocating pole 102 with a puck 103 coupled on the distal end of the pole.” and it is also specifically stated in paragraph 00044 that “the puck 103 is coupled to a pole 102 that is configured to reciprocate via a motor” versus the parent application 17/695,802 filed on 03/15/2022 which discloses “the pole 102 includes…a bottom portion 102B….the bottom portion 102B is configured to be touching a ground surface (under water) when in use” in paragraph 0025 and thus discloses the device comprising a pole 102 and a puck 103 wherein at least the bottom portion 102B of the pole 102 is positioned in the body of water, but does not disclose in any part of the specification or the figures the device comprising the pole 102 and puck 103 which is positioned “near a body of water”] and therefore the effective filing date of the Denmon reference which is 10/05/2023 and represents the filing date of the related Provision Application Number 63/542,563 pre-dates the filing date of the present application which is 07/22/2024); activating the motor (20) to drive the reciprocating motion of the pole (vibrations of the motor 20 transferred to the pole 60), wherein the motion causes the puck to strike the water surface and produce water sounds mimicking natural non-vocal waterfowl activities (splash or movement of water associated with a duck’s landing or taking off); and wherein the puck (30) is adjustable along the length of the pole (60) to vary the height at which the puck strikes the water surface (via connector 70 including clamp member/bracket 73a-b, connector plate 74, connector bolt/rod 71, connector knob 72, wherein knob 72 is tightened to cause clamp members 73a-b to move toward each other to secure the device to the desired position along pole 60; also see para. 0062).
In regard to claim 2, Denmon disclose wherein the water sounds mimic the sound of waterfowl activities including at least one of splashing (splash or movement of water associated with a duck’s landing or taking off), swimming, clapping, bathing, feeding, fishing, and mating.
In regard to claim 6, Denmon discloses providing an equal interval (ends 31a-b of 30 are spaced 180 degrees apart resulting in equal intervals at which they enter the water) at which the puck (30) strikes the water to create a rhythmic pattern of water sounds (splash or movement of water associated with a duck’s landing or taking off).
In regard to claim 7, Denmon discloses wherein the device (1) is configured as a standalone device separate from any existing waterfowl decoys or spinning waterfowl decoys (1 is mounted to pole 60 independently of decoy unit 100 and is separated from the decoy unit 100 and its operation is separate from the decoy unit 100 with its own motor 20 and is capable of being mounted to the pole 60 without any other decoys attached thereto).
In regard to claim 8, Denmon discloses anchoring (via sharp base 62 at bottom end 65) the standalone device (1) in the body of water to maintain its position during operation.
In regard to claim 9, Denmon discloses a method for attracting waterfowl, comprising: providing a device (1) configured to produce water sounds, wherein the device includes a pole (60) and a sound-producing puck (30); positioning the device adjacent to a body of water such that the puck is at or near the water surface (located above the water surface; see para. 0055, lines 1-5; the particular recitation of this step of “positioning the device adjacent to a body of water such that the puck is at or near the water surface” represents a part of the present invention which was newly introduced and disclosed in the present Continuation-in-Part application filed on 07/22/2024 [see paragraphs 00008, 00010, 00042, 00044-45 and Figs. 9A-B of the present application which generally disclose the device including a pole 102 and a sound-producing puck 103 which are positioned adjacent to a body of water such that the puck is at or near the water surface as shown in Figs. 9A-B and specifically it is stated in paragraph 00042 that “Referring now to FIGS. 7A-B, pole 102 configured for reciprocating motion, via a motor from a stand alone device or existing spinning wing decoy, is configured to move up and down…as shown via arrows 802 and 803 in FIG. 7A and 7B respectively. Coupled to a distal end of the pole is a sound producing puck 103, generally having a bottom section with a sufficient surface area to slap the surface of the water 510 during use.” and specifically it is stated in paragraph 00043 that “the device 100 comprises a reciprocating pole 102 with a puck 103 coupled on the distal end of the pole.” and it is also specifically stated in paragraph 00044 that “the puck 103 is coupled to a pole 102 that is configured to reciprocate via a motor” versus the parent application 17/695,802 filed on 03/15/2022 which discloses “the pole 102 includes…a bottom portion 102B….the bottom portion 102B is configured to be touching a ground surface (under water) when in use” in paragraph 0025 and thus discloses the device comprising a pole 102 and a puck 103 wherein at least the bottom portion 102B of the pole 102 is positioned in the body of water, but does not disclose in any part of the specification or the figures the device comprising the pole 102 and puck 103 which is positioned “adjacent to a body of water”] and therefore the effective filing date of the Denmon reference which is 10/05/2023 and represents the filing date of the related Provision Application Number 63/542,563 pre-dates the filing date of the present application which is 07/22/2024); actuating the pole to move in a reciprocating up and down motion (rotation of the splasher 30 by motor 20 results in vertical motion translated to the pole 60 due to the downward momentum of the ends 31a-b entering into the water [results in downward motion of the pole 60] and the resulting resistance that these ends 31a-b are met with upon initially entering the water [results in an upward motion of the pole 60] and that this is due to the clamping of the unit 1 to the pole 60 via the knob 72 which tightens clamp members 73a-b to the pole 60; also the particular details pertaining to the manner in which the puck of the desired invention is connected to the pole is not being specifically claimed), wherein this motion causes the puck to intermittently contact the water surface and produce water sounds that mimic non-vocal natural waterfowl activities in the water (splash or movement of water associated with a duck’s landing or taking off); and wherein the puck (30) is adjustable along the length of the pole (60) to vary the height at which the puck strikes the water surface (via connector 70 including clamp member/bracket 73a-b, connector plate 74, connector bolt/rod 71, connector knob 72, wherein knob 72 is tightened to cause clamp members 73a-b to move toward each other to secure the device to the desired position along pole 60; also see para. 0062).
In regard to claim 11, Denmon discloses the actuating step is powered by a motor (20).
Response to Arguments
Applicant's arguments filed 11/10/2025 have been fully considered but they are not persuasive.
In regard to applicant’s argument that “Claims 1, 2, 5-9, and 11 were rejected…by Denmon 2025/0113819. This rejection is respectively traversed on the basis that Denmon should not qualify as prior art. The present invention was filed July 22, 2024 and claims priority as a continuation in part application 17/695,802 filed March 15, 2022. Denmon was filed October 03, 2024 and claims priority to provisional application 63/542,563, filed Oct. 5, 2023. Claims 1-2, 6-9, and 11 are fully supported by the priority claim of 17/695,802 and consequently these claims should have an effective filing date prior to the effective filing date of Denmon.”, the Examiner contends that the facts being stated by applicant are not entirely accurate. Pending claims 1, 2, and 6-8 remain rejected by Denmon 2025/0113819 because the term “reciprocating pole” recited in pending claim 1 represents a part of the invention which was newly introduced and disclosed in the present Continuation-in-Part application filed on 07/22/2024 [see paragraphs 0008, 0029, 0042-43 of the present application versus the parent application 17/695,802 filed on 03/15/2022 which only discloses “reciprocating motion” in paragraphs 0023 and 0026 and merely discloses a pole 102 throughout the specification thereof, but does not disclose in any part of the specification the “reciprocating pole”] and therefore the effective filing date of the Denmon reference which is 10/05/2023 and represents the filing date of the related Provision Application Number 63/542,563 that pre-dates the filing date of the present application which is 07/22/2024. Also pending claims 1, 2, 6-9, and 11 remain rejected by Denmon 2025/0113819 because the particular recitation of the step of claim 1 of “positioning the device near a body of water wherein the puck is at or near a water surface of the body of water” and the step of claim 9 of “positioning the device adjacent to a body of water such that the puck is at or near the water surface” represent a part of the present invention which was newly introduced and disclosed in the present Continuation-in-Part application filed on 07/22/2024 [see paragraphs 00008, 00010, 00042, 00044-45 and Figs. 9A-B of the present application which generally disclose the device including a pole 102 and a sound-producing puck 103 which are positioned adjacent to a body of water such that the puck is at or near the water surface as shown in Figs. 9A-B and specifically it is stated in paragraph 00042 that “Referring now to FIGS. 7A-B, pole 102 configured for reciprocating motion, via a motor from a stand alone device or existing spinning wing decoy, is configured to move up and down…as shown via arrows 802 and 803 in FIG. 7A and 7B respectively. Coupled to a distal end of the pole is a sound producing puck 103, generally having a bottom section with a sufficient surface area to slap the surface of the water 510 during use.” and specifically it is stated in paragraph 00043 that “the device 100 comprises a reciprocating pole 102 with a puck 103 coupled on the distal end of the pole.” and it is also specifically stated in paragraph 00044 that “the puck 103 is coupled to a pole 102 that is configured to reciprocate via a motor” versus the parent application 17/695,802 filed on 03/15/2022 which discloses “the pole 102 includes…a bottom portion 102B….the bottom portion 102B is configured to be touching a ground surface (under water) when in use” in paragraph 0025 and thus discloses the device comprising a pole 102 and a puck 103 wherein at least the bottom portion 102B of the pole 102 is positioned in the body of water, but does not disclose in any part of the specification or the figures the device comprising the pole 102 and puck 103 which is positioned “near/adjacent to a body of water”] and therefore the effective filing date of the Denmon reference which is 10/05/2023 and represents the filing date of the related Provision Application Number 63/542,563 pre-dates the filing date of the present application which is 07/22/2024.
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.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DARREN W ARK/Primary Examiner, Art Unit 3647
DWA