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Claims 10-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group and Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/28/2026.
Applicant’s election without traverse of Group I and Species I in the reply filed on 01/28/2026 is acknowledged.
Drawings
The drawings are objected to because reference number 17 and its associated reference line in Fig. 2 appears to be incorrectly denoting the top wall of the receiver 15 instead of the centrally located conical projection 17 protruding downwardly from the top wall (see para. 0031). 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
The drawings are objected to under 37 CFR 1.83(a) because they fail to show the centrally located conical projection 17 as protruding downward from the top wall of the receiver 15 (Fig. 9 appears to show the outline of the projection 17 but there is no other Figure that shows how the projection 17 protrudes downward from the top wall of the receiver 15 within the interior space 22 so as to be received by the conical recess 461) as described in the specification (see para. 0031). Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the conical recess 461 defined by first end portion 46 (see para. 0032) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Specification
The disclosure is objected to because of the following informalities:
Page 4, paragraph 0028, line 5, the phrase “about centered on” should be replaced with the phrase --centered on-- or the phrase --centered about--.
Appropriate correction is required.
Claim Objections
Claim 6 is objected to because of the following informalities:
Claim 6, line 2, the phrase “about centered on” should be replaced with the phrase --centered on-- or the phrase --centered about--.
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.
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.
Claim 4 is 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 4, the terms “the stake” lack positive antecedent basis.
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) 1-9 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Leschinsky 12,317,885.
In regard to claim 1, Leschinsky discloses an adjustable waterfowl decoy for land (10) and water (8) use, the adjustable waterfowl decoy comprising: a decoy body (2) having an upper portion (upper portion of 2) and a lower belly portion (4); a motion stand adapter (5) adjacent the upper portion of the decoy body configured for operatively coupling the adjustable waterfowl decoy to a motion stand (9 or 11 via 6) such that the decoy body is configured to sway on the motion stand in a breeze (see col. 10, lines 11-28 & col. 10, lines 35-42); and a float adapter (14,36) adjacent the lower belly portion, the float adapter (14,36) configured to releasably couple to a decoy float (7) such that the decoy float is configured to float the adjustable waterfowl decoy (decoy 2 can have a buoyant body) on a body of water (8).
In regard to claim 2, Leschinsky discloses wherein the float adapter (14,36) comprises a flange (14) secured to the lower belly portion (4) of the decoy body (2).
In regard to claim 3, Leschinsky discloses wherein the decoy (2) has a belly opening (12) through which the motion stand (6 of 9 or 11) is passable for engagement with the motion stand adapter (5).
In regard to claim 4, Leschinsky discloses wherein the belly opening (12) is sized and arranged to provide clearance between the stake (11) and the decoy body (2) 360° about the stake (see Figs. 5A-F & col. 10, lines 35-42) when the motion stand adapter (5) is operatively coupled to the motion stand (at 6 of 11).
In regard to claim 5, Leschinsky discloses wherein the motion stand adapter (5) is spaced apart vertically from the float adapter (14,36; see Figs. 3C-F, 5D, 5F, & 6I) along a vertical axis (see vertical axis of 2 in Fig. 1) of the decoy body (2).
In regard to claim 6, Leschinsky discloses wherein the motion stand adapter (5), the belly opening (12), and the float adapter (14,36) are all about centered on the vertical axis (see Figs. 1, 3D-F, 6C-D, 6I-J, & 11).
In regard to claim 7, Leschinsky discloses wherein the decoy body (2) is formed of a water-resistant, buoyant material (see col. 6, lines 12-31).
In regard to claim 8, Leschinsky discloses a one-piece decoy insert (3; adapter can be provided as a single-piece or one-piece or monolithic construct---see col. 6, lines 35-38), the motion stand adapter (5) and the float adapter (14,36) being integrally formed portions of the one-piece decoy insert (3).
In regard to claim 9, Leschinsky discloses wherein the decoy body (2) is shaped and arranged to appear like a waterfowl in a pose selected from the group consisting of: a floating pose (see Fig. 2A), standing pose (see Figs. 2B-C), laying pose, flying pose, landing pose, or feeding pose.
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) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Leschinsky 12,317,885 in view of Butz 2020/0367486.
Alternatively in regard to claim 1, Leschinsky discloses a motion stand adapter (5) adjacent the upper portion of the decoy body configured for operatively coupling the adjustable waterfowl decoy to a motion stand (9 or 11 via 6) such that the decoy body is configured to rotate on the motion stand in a breeze (see col. 10, lines 11-28 & col. 10, lines 35-42), but does not disclose a motion stand adapter configured for operatively coupling the adjustable waterfowl decoy to a motion stand such that the decoy body is configured to sway on the motion stand in a breeze. Butz discloses a motion stand adapter (motion cone 30 with cylindrical portion 32 and second end 33) adjacent the upper portion of the decoy body (upper portion of decoy body 12 in Fig. 13A) configured for operatively coupling the adjustable waterfowl decoy to a motion stand (stake 20 including stake end 22) such that the decoy body is configured to sway (decoys 10 supported by stakes 20 can rotate in the presence of wind, and can also rock or wobble) on the motion stand in a breeze which can create the appearance of natural feeding motion of the decoys (see paras. 0038-39, 0041, 0043). 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 motion stand adapter of Leschinsky such that it is configured for operatively coupling the adjustable waterfowl decoy to a motion stand such that the decoy body is configured to sway on the motion stand in a breeze in view of Butz in order to provide a supporting mechanism for the motion stand adapter on the motion stand which can create the appearance of natural feeding motion of the decoys.
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.
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/DARREN W ARK/Primary Examiner, Art Unit 3647
DWA
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