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 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)(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, 4-7, 9, 10, 14, 15, 16, 18, 19, 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Burkhardt US 20250049011.
Burkhardt discloses a fishing lure with a composition or coating 210 comprising metals, para. 23+, fig. 5, in order to enhance sonar tracking. The coating is applied to the lure via spray or brush, para. 23, fig. 5.
Further, inasmuch as Burkhardt does not specify additives, as in applicant’s claims 4-7, 15, 18, it remains that his composition is recited as being a paint, para. 23, fig. 5; and it is common knowledge that additives like, acrylic binder, solvents, etc., are utilized during the application of paint. Therefore, these features are inherent and do not patentably distinguish the claimed invention. See for example the “How Paint Works” article by Woodford. Site listed on 892.
Still further, with regard to applicant’s amended claims 1, 10, 16: When applying a coating, as taught by paras. 23-24 of Burkhardt, onto a lure having a decorative fish attracting design, it would be extremely apparent to paint the top of the lure so that the painted area would face the signal emanating from a downward facing sonar transducer, while taking measures to not paint over the fish attracting design. These steps, along with their resulting features, are considered extremely inherent and would have absolutely been utilized to maintain operability of the effected lure and associated sonar. Therefore, they do not patentably distinguish the claimed invention.
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) 2, 3, 8, 11, 12, 13, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burkhardt in view of Langley et al. US 202300958471.
Langley teaches a lure with a sonar detection enhancing gel applied to its surface. The gel comprises tungsten, and scents, para. 13, and these features could have been implemented within the design of Burkhardt in order to enhance the resulting lure’s ability to attract targeted fish.
Further, the percentages, as recited in applicant’s claims 3, 12, 13 are considered well known and obvious calculations depending upon a particular, and desired result of the application of the sonar enhancing gel. Therefore, the Examiner takes Official Notice and these features do not patentably distinguish the claimed invention.
Conclusion
All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). 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 CHRISTOPHER P ELLIS whose telephone number is (571)272-6914. The examiner can normally be reached normal business hours.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tim 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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/CHRISTOPHER P ELLIS/Primary Examiner, Art Unit 3644