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
No claims are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 10/29/2025.
Applicant's election with traverse of Sub-species III, Sub-species 3 and Sub-species f in the reply filed on 10/29/2025 is acknowledged. The traversal is on the ground(s) that “It is respectfully submitted that the subject matter of all species is sufficiently related that a thorough search for the subject matter of any one species would likely encompass a search for the subject matter of the remaining species…the search and examination of the entire application could be made without serious burden…”. This is not found persuasive because each of the species has unique features not required in the search of the other species. If applicant is traversing on the ground that the species, or groupings of patentably distinct species from which election is required, are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing them to be obvious variants or clearly admit on the record that this is the case. In either instance, if the Examiner finds one of the species unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other species.
The requirement is still deemed proper and is therefore made FINAL.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
a) number 8a (see spec. pg. 11, para. 0034, line 8); and
b) number 9a, outer surface of cover member 9 (see spec. pg. 4, para. 0021, lines 15-18).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5 and 10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In regard to claim 5, the phrase “wherein the one or the plurality of reflecting surfaces or reflectors capable of performing specular reflection of light from the outside is provided on at least one of an outer surface of the main body portion or an inner surface of the main body portion” renders the claim vague and indefinite since claim 1 only previously recited “one or a plurality of reflecting surfaces or reflectors capable of performing specular reflection of light from the outside is provided on an outer surface of the hollow cover member” and that claim 1 did not recite any other reflecting surfaces or reflectors on either the outer surface or the inner surface of the main body portion. The “one or the plurality of reflecting surfaces or reflectors… provided on at least one of an outer surface of the main body portion or an inner surface of the main body portion” recited in claim 5 must be more clearly differentiated from the reflecting surfaces or reflectors of claim 1.
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.
Claim(s) 1, 2, 6, 8, 9, and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2005-333890 to Hirahara.
In regard to claim 1, Hirahara discloses a lure for fishing (see Fig. 1), comprising: a main body portion (1) having a cavity therein (cavity inside 1 as shown in Fig. 2 or Fig. 6); and a hollow cover member (10 or 20) provided in the cavity of the main body portion (see Fig. 2 or Fig. 6), wherein the cavity is partially or entirely visually recognizable from an outside (It is necessary to consider at least the areas where the components 10 described later on the left and right side surfaces of the lure body 1 are housed so that light can pass through the interior of the lure body 1. That is, at least in this region, the material constituting the lure body 1 is transparent or semi-transparent, and a material that can transmit light is used for coating the peripheral surface), and one or a plurality of reflecting surfaces or reflectors capable of performing specular reflection of light (see Fig. 3 which shows the angle of incidence being equal to the angle of reflection which is produced by 10,20 having flat sides as shown in Figs. 3 & 8 and the reflecting surfaces being the result of 10,20 being made of metal) from the outside is provided on an outer surface of the hollow cover member (The left and right side surfaces of the component 10 are reflectors. For example, a transfer type light reflective sheet is affixed to the reflector. As the light reflective sheet, a sheet subjected to hologram processing may be used. However, the component 10 itself may be formed of metal or the like, and its side surface may be used as a reflector by using the material itself. OR The left and right plates of the component 20 are reflection plates. Similar to the first embodiment, for example, a transfer-type light reflective sheet is attached to the reflecting plate. As the light reflective sheet, a sheet subjected to hologram processing may be used. Further, a light reflective sheet may be attached to the bottom plate. However, the component 20 itself may be formed of metal or the like, and the whole material may be used as a reflector.).
In regard to claim 2, Hirihara discloses a weight (12 or 21) in the cavity of the main body portion, wherein the hollow cover member (10 or 20) covers the weight from an outer side of the weight (see Fig. 3 or 7), and is capable of guiding the weight along an extending direction of the cover member, inside the hollow cover member along the extending direction (see Figs. 2 & 5 or Fig. 7).
In regard to claim 6, Hirihara discloses wherein the cover member (10 or 20) is formed in a columnar shape (10 in Fig. 4 or 20 in Fig. 7), a polygonal columnar shape (10 in Fig. 4 or 20 in Fig. 7), an arch shape (10 in Figs. 2, 4), or a dome shape of which an inside is formed hollow.
In regard to claim 8, Hirihara discloses wherein the one or the plurality of reflectors is provided on the outer surface of the cover member (left and right sides of 10 are reflectors or left and right plates of 20 are reflection plates), and the reflector is provided to protrude outward from the cover member (see upper forward portion of 10 in Fig. 4 which protrudes upwardly from the remainder lower portion of 10).
In regard to claim 9, Hirihara discloses wherein the cover member (10 or 20) is formed linearly along an extending direction of the cover member (see Figs. 2 & 5 or Figs. 7-8), or at least a part of the cover member is formed to be curved.
In regard to claim 11, Hirihara discloses wherein the main body portion (1) is formed by resin (lure body 1 is a hollow member made of a hard synthetic resin) or metal.
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) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2005-333890 to Hirahara in view of Ito 6,671,996 or Kawasaki 2022/0378027.
In regard to claim 3, Hirahara does not disclose wherein a shaft member is provided inside the cover member along the extending direction of the cover member, and the shaft member is capable of guiding the weight by being inserted through the weight. Ito and Kawasaki disclose a lure (1 in Fig. 4 OR 60) for fishing comprising a main body portion (main body of 1 OR 4), a hollow cover member (9,11 OR 61,62), a weight (2g OR gravity shifting mechanism 70 with weight portion 71) in the cavity of the main body portion (see Fig. 4 OR see Fig. 9), wherein a shaft member (linear wire 7 OR guide rod 73) is provided inside the cover member along the extending direction of the cover member (see Fig. 4 OR see Fig. 9), and the shaft member is capable of guiding the weight by being inserted through the weight (via the hole 2f of 2g; see Fig. 3 OR via insertion hole 71a into which guide rod 73 is inserted). 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 lure of Hirahara such that a shaft member is provided inside the cover member along the extending direction of the cover member, and the shaft member is capable of guiding the weight by being inserted through the weight in view of Ito or Kawasaki in order to provide a mechanism, in addition to the cover member, by which to further guide the weight so that it accurately moves in the longitudinal direction when altering the center of gravity of the lure.
In regard to claim 4, Hirahara and Ito or Kawasaki disclose wherein the shaft member (7 or Ito; 73 of Kawasaki) is provided to extend along a central axis to be concentric (see Figs. 2 & 5 or Figs. 6-7 of Hirahara; see Fig. 4 of Ito; see Fig. 9 of Kawasaki) with the cover member (10 or 20 of Hirahara; 9,11 of Ito; 61,62 of Kawasaki) and the weight (12 or 21 of Hirahara; 71 of Kawasaki).
Claim(s) 5 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2005-333890 to Hirahara in view of Yagi 2023/0122035.
In regard to claim 5, Hirahara does not disclose wherein the one or the plurality of reflecting surfaces or reflectors capable of performing specular reflection of light from the outside is provided on at least one of an outer surface of the main body portion or an inner surface of the main body portion. Yagi discloses a lure for fishing (1) comprising main body portion (2), a member (4), wherein the cavity is partially or entirely visually recognizable from an outside, and one or a plurality of reflecting surfaces (6) or reflectors capable of performing specular reflection of light from the outside is provided on an outer surface of the member (member 4 performs specular reflection), wherein the one or the plurality of reflecting surfaces (6) or reflectors capable of performing specular reflection of light from the outside is provided on at least one of an outer surface of the main body portion (see Fig. 14) or an inner surface of the main body portion (see Fig. 13), wherein it is an object of an embodiment of the present disclosure to provide a lure that is capable of more reliably and intensely attracting fish eaters, by reducing attenuation in reflection of external light in a plurality of places of the lure to enable reflection to be performed at a higher light luminance, and enable reflected light to be formed in various directions (see para. 0007). 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 Hirahara such that the one or the plurality of reflecting surfaces or reflectors capable of performing specular reflection of light from the outside is provided on at least one of an outer surface of the main body portion or an inner surface of the main body portion in view of Yagi in order to provide a lure that is capable of more reliably and intensely attracting fish eaters, by reducing attenuation in reflection of external light in a plurality of places of the lure to enable reflection to be performed at a higher light luminance, and enable reflected light to be formed in various directions.
In regard to claim 10, Hirahara and Yagi disclose wherein in a case where the one or the plurality of reflecting surfaces or reflectors is provided on the inner surface of the main body portion, the one or the plurality of reflecting surfaces or reflectors is formed by vapor deposition, plating, foil film, hologram sheet, metal adhesion, resin adhesion, or glass sheet adhesion, metal (see para. 0013 of Yagi).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2005-333890 to Hirahara in view of Yagi 2023/0065290.
In regard to claim 7, Hirahara does not disclose wherein the one or the plurality of reflectors is provided on the outer surface of the cover member along a circumferential direction of the cover member, and in a case where the plurality of reflectors is provided, the reflectors are provided at intervals from each other along the circumferential direction of the cover member. Yagi discloses wherein the one or the plurality of reflectors (6) is provided on the outer surface of the cover member (4 in Fig. 8) along a circumferential direction of the cover member, and in a case where the plurality of reflectors (7) is provided, the reflectors (7) are provided at intervals from each other along the circumferential direction of the cover member (see each of reflectors 7 facing the front of the lure 1 in Fig. 8 which are each triangularly shaped and which are located at intervals from each other at the bases of the triangular shapes), wherein it is an object of an embodiment of the present disclosure to provide a lure that includes an attraction part that is capable of more reliably and intensely attracting fish eaters, by reducing attenuation in reflection of external light to enable reflection to be performed at a higher light luminance plural times, and enable reflected light to be formed in various directions (see para. 0007). It would have been obvious to one of ordinary skill in the art to modify the fishing lure of Hirahara such that the one or the plurality of reflectors is provided on the outer surface of the cover member along a circumferential direction of the cover member, and in a case where the plurality of reflectors is provided, the reflectors are provided at intervals from each other along the circumferential direction of the cover member in view of Yagi in order to provide a desired pattern of light reflective distribution and to provide a lure that includes an attraction part that is capable of more reliably and intensely attracting fish eaters, by reducing attenuation in reflection of external light to enable reflection to be performed at a higher light luminance plural times, and enable reflected light to be formed in various directions.
Claim(s) 1, 2, 6-9, and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2005-333890 to Hirahara in view of Yagi 2023/0065290.
In regard to claim 1, Hirahara discloses a lure for fishing (see Fig. 1), comprising: a main body portion (1) having a cavity therein (cavity inside 1 as shown in Fig. 2 or Fig. 6); and a hollow cover member (10 or 20) provided in the cavity of the main body portion (see Fig. 2 or Fig. 6), wherein the cavity is partially or entirely visually recognizable from an outside (It is necessary to consider at least the areas where the components 10 described later on the left and right side surfaces of the lure body 1 are housed so that light can pass through the interior of the lure body 1. That is, at least in this region, the material constituting the lure body 1 is transparent or semi-transparent, and a material that can transmit light is used for coating the peripheral surface), and one or a plurality of reflecting surfaces or reflectors capable of performing reflection of light (see Fig. 3) from the outside is provided on an outer surface of the hollow cover member (The left and right side surfaces of the component 10 are reflectors. For example, a transfer type light reflective sheet is affixed to the reflector. As the light reflective sheet, a sheet subjected to hologram processing may be used. However, the component 10 itself may be formed of metal or the like, and its side surface may be used as a reflector by using the material itself. OR The left and right plates of the component 20 are reflection plates. Similar to the first embodiment, for example, a transfer-type light reflective sheet is attached to the reflecting plate. As the light reflective sheet, a sheet subjected to hologram processing may be used. Further, a light reflective sheet may be attached to the bottom plate. However, the component 20 itself may be formed of metal or the like, and the whole material may be used as a reflector.), but do not disclose the one or a plurality of reflecting surfaces or reflectors capable of performing specular reflection of light from outside is provided on an outer surface of the hollow cover member. Yagi discloses a fishing lure (1) comprising one or a plurality of reflecting surfaces (6) or reflectors (7) capable of performing specular reflection of light from outside is provided on an outer surface of the member (4), wherein it is an object of an embodiment of the present disclosure to provide a lure that includes an attraction part that is capable of more reliably and intensely attracting fish eaters, by reducing attenuation in reflection of external light to enable reflection to be performed at a higher light luminance plural times, and enable reflected light to be formed in various directions (see para. 0007). 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 lure for fishing of Hirahara such that the one or a plurality of reflecting surfaces or reflectors capable of performing specular reflection of light from outside is provided on an outer surface of the hollow cover member in view of Yagi in order to provide a desired pattern of light reflective distribution and to provide a lure that includes an attraction part that is capable of more reliably and intensely attracting fish eaters, by reducing attenuation in reflection of external light to enable reflection to be performed at a higher light luminance plural times, and enable reflected light to be formed in various directions.
In regard to claim 2, Hirihara discloses a weight (12 or 21) in the cavity of the main body portion, wherein the hollow cover member (10 or 20) covers the weight from an outer side of the weight (see Fig. 3 or 7), and is capable of guiding the weight along an extending direction of the cover member, inside the hollow cover member along the extending direction (see Figs. 2 & 5 or Fig. 7).
In regard to claim 6, Hirihara discloses wherein the cover member (10 or 20) is formed in a columnar shape (10 in Fig. 4 or 20 in Fig. 7), a polygonal columnar shape (10 in Fig. 4 or 20 in Fig. 7), an arch shape (10 in Figs. 2, 4), or a dome shape of which an inside is formed hollow.
In regard to claim 7, Hirahara and Yagi disclose wherein the one or the plurality of reflectors (7 of Yagi) is provided on the outer surface of the cover member (10 or 20 of Hirahara; 4 of Yagi) along a circumferential direction of the cover member (see Fig. 8 of Yagi), and in a case where the plurality of reflectors (7) is provided, the reflectors are provided at intervals from each other along the circumferential direction of the cover member (see each of reflectors 7 facing the front of the lure 1 in Fig. 8 which are each triangularly shaped and which are located at intervals from each other at the bases of the triangular shapes).
In regard to claim 8, Hirihara discloses wherein the one or the plurality of reflectors is provided on the outer surface of the cover member (left and right sides of 10 are reflectors or left and right plates of 20 are reflection plates), and the reflector is provided to protrude outward from the cover member (see upper forward portion of 10 in Fig. 4 which protrudes upwardly from the remainder lower portion of 10).
In regard to claim 9, Hirihara discloses wherein the cover member (10 or 20) is formed linearly along an extending direction of the cover member (see Figs. 2 & 5 or Figs. 7-8), or at least a part of the cover member is formed to be curved.
In regard to claim 11, Hirihara discloses wherein the main body portion (1) is formed by resin (lure body 1 is a hollow member made of a hard synthetic resin) or metal.
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2005-333890 to Hirahara in view of Yagi 2023/0065290 as applied to claim 2 above, and further in view of Ito 6,671,996 or Kawasaki 2022/0378027.
In regard to claim 3, Hirahara does not disclose wherein a shaft member is provided inside the cover member along the extending direction of the cover member, and the shaft member is capable of guiding the weight by being inserted through the weight. Ito and Kawasaki disclose a lure (1 in Fig. 4 OR 60) for fishing comprising a main body portion (main body of 1 OR 4), a hollow cover member (9,11 OR 61,62), a weight (2g OR gravity shifting mechanism 70 with weight portion 71) in the cavity of the main body portion (see Fig. 4 OR see Fig. 9), wherein a shaft member (linear wire 7 OR guide rod 73) is provided inside the cover member along the extending direction of the cover member (see Fig. 4 OR see Fig. 9), and the shaft member is capable of guiding the weight by being inserted through the weight (via the hole 2f of 2g; see Fig. 3 OR via insertion hole 71a into which guide rod 73 is inserted). 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 lure of Hirahara such that a shaft member is provided inside the cover member along the extending direction of the cover member, and the shaft member is capable of guiding the weight by being inserted through the weight in view of Ito or Kawasaki in order to provide a mechanism, in addition to the cover member, by which to further guide the weight so that it accurately moves in the longitudinal direction when altering the center of gravity of the lure.
In regard to claim 4, Hirahara and Ito or Kawasaki disclose wherein the shaft member (7 or Ito; 73 of Kawasaki) is provided to extend along a central axis to be concentric (see Figs. 2 & 5 or Figs. 6-7 of Hirahara; see Fig. 4 of Ito; see Fig. 9 of Kawasaki) with the cover member (10 or 20 of Hirahara; 9,11 of Ito; 61,62 of Kawasaki) and the weight (12 or 21 of Hirahara; 71 of Kawasaki).
Claim(s) 5 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2005-333890 to Hirahara in view of Yagi 2023/0065290 as applied to claim 1 above, and further in view of Yagi 2023/0122035.
In regard to claim 5, Hirahara does not disclose wherein the one or the plurality of reflecting surfaces or reflectors capable of performing specular reflection of light from the outside is provided on at least one of an outer surface of the main body portion or an inner surface of the main body portion. Yagi discloses a lure for fishing (1) comprising main body portion (2), a member (4), wherein the cavity is partially or entirely visually recognizable from an outside, and one or a plurality of reflecting surfaces (6) or reflectors capable of performing specular reflection of light from the outside is provided on an outer surface of the member (member 4 performs specular reflection), wherein the one or the plurality of reflecting surfaces (6) or reflectors capable of performing specular reflection of light from the outside is provided on at least one of an outer surface of the main body portion (see Fig. 14) or an inner surface of the main body portion (see Fig. 13), wherein it is an object of an embodiment of the present disclosure to provide a lure that is capable of more reliably and intensely attracting fish eaters, by reducing attenuation in reflection of external light in a plurality of places of the lure to enable reflection to be performed at a higher light luminance, and enable reflected light to be formed in various directions (see para. 0007). 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 Hirahara such that the one or the plurality of reflecting surfaces or reflectors capable of performing specular reflection of light from the outside is provided on at least one of an outer surface of the main body portion or an inner surface of the main body portion in view of Yagi in order to provide a lure that is capable of more reliably and intensely attracting fish eaters, by reducing attenuation in reflection of external light in a plurality of places of the lure to enable reflection to be performed at a higher light luminance, and enable reflected light to be formed in various directions.
In regard to claim 10, Hirahara and Yagi disclose wherein in a case where the one or the plurality of reflecting surfaces or reflectors is provided on the inner surface of the main body portion, the one or the plurality of reflecting surfaces or reflectors is formed by vapor deposition, plating, foil film, hologram sheet, metal adhesion, resin adhesion, or glass sheet adhesion, metal (see para. 0013 of Yagi).
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