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 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 1-5, 7-9, 11-15, 17, and 18 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 1, line 9-10, the phrase “a first receiving track and a second receiving track positioned on opposing sides of an outer surface of the body” renders the claim vague and indefinite since it conflicts with the previously recited phrase “a first connection member and a second connection member positioned on opposing sides of the body” at lines 6-7 of claim 1 since the term “opposing sides of an outer surface of the body” fails to clearly distinguish from the previously recited term “opposing sides of the body” in that the term “opposing sides” in both phrases could conceivably be interpreted as representing the same sides on which the first and second connection members and first and second receiving tracks are positioned on. In Figs. 1 and 2D of the present application, it appears that the first and second receiving tracks 213 are positioned on the lateral sides of the cylindrical frame 210 and the first and second connection members are positioned on top and bottom sides of the module 200 and therefore the phrase in question in claim 1 must be rewritten so as to clearly distinguish the distinct sides on which the first and second receiving tracks and first and second connection members are respectively positioned on.
In regard to claim 11, line 9-10, the phrase “a first receiving track and a second receiving track positioned on opposing sides of an outer surface of the body” renders the claim vague and indefinite since it conflicts with the previously recited phrase “a first connection member and a second connection member positioned on opposing sides of the body” at lines 6-7 of claim 1 since the term “opposing sides of an outer surface of the body” fails to clearly distinguish from the previously recited term “opposing sides of the body” in that the term “opposing sides” in both phrases could conceivably be interpreted as representing the same sides on which the first and second connection members and first and second receiving tracks are positioned on. In Figs. 1 and 2D of the present application, it appears that the first and second receiving tracks 213 are positioned on the lateral sides of the cylindrical frame 210 and the first and second connection members are positioned on top and bottom sides of the module 200 and therefore the phrase in question in claim 11 must be rewritten so as to clearly distinguish the distinct sides on which the first and second receiving tracks and first and second connection members are respectively positioned on.
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) 1-5, 7, and 11-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kertz 2023/0055970 in view of Yates 2,538,181 or Alger 956,872.
In regard to claim 1, Kertz discloses a submersible scent material dispersal device comprising: a body (lure body 20 includes two body halves 180 in Figs. 5-6) extending along a longitudinal axis comprising: one or more directional members (150) along an outer surface of the body configured to influence movement of the body through a fluid environment; a first connection member (see lower 200 located below 155 in Fig. 7) and a second connection member (see upper 200 located above 150 in Fig. 7) positioned on opposing sides of the body and configured to couple a downrigger ball (lower 200 capable of coupling to a downrigger ball) and downrigger cable (upper 200 capable of coupling to a downrigger cable); a first receiving track (30 on the left half 180 in Figs. 5-6) and a second receiving track (30 on the right half 180 not shown in Fig. 5, but shown in Fig. 6) positioned on opposing sides of an outer surface of the body (each body half 180) and extending along the longitudinal axis of the body (see Figs. 5-6); wherein, the body is configured to tether to a downrigger ball (lower 200 capable of coupling to a downrigger ball) and downrigger cable (upper 200 capable of coupling to a downrigger cable) such that tethering the downrigger ball and downrigger cable to the body configures the body to be placed at a desired predetermined depth level within a body of water as the body moves at a predetermined velocity (connecting the lure 10 in Figs. 5-6 to a downrigger cable and downrigger ball would result in the lure 10 being suspended in the water column therebetween), and, one or more cartridges (inserts 60) configured to house scent material (inserts 60 may incorporate an absorbent bait scent receiver for receiving scents made from gels, pastes, sauces, oils or any other bait product, dead or alive; see paras. 0036-37), the one or more cartridges comprising one or more slide-on coupling features (engaging structures of 30 & 60 allowing them to be coupled to each other) configured to operatively releasably and slidably couple the one or more cartridges (60) to the receiving tracks (30), wherein when the one or more cartridges (60) is pulled through water, a proximal end of the one or more cartridges defining a front portion of the one or more cartridges that leads in the direction of travel, such that pulling the one or more cartridges in the direction of travel causes dispersal of the scent material (scent released from absorbent bait scent receiver of 60) from the one or more cartridges at a desired predetermined depth level as the one or more cartridges moves at a predetermined velocity, but does not disclose a propulsion device comprising a rear propeller at a distal end of the body. Yates and Alger disclose a propulsion device comprising a rear propeller (small propeller 30 OR tail spinner 2) at a distal end of the body (30 pivotally mounted on fastener 18 at tail end of body 10 OR rear end of 1). It would have been obvious to one of ordinary skill in the art to modify the submersible scent material dispersal device of Kertz such that it has a propulsion device comprising a rear propeller at a distal end of the body in view of Yates or Alger in order to provide a moving attractant at the rear end of the device so as to simulate the swimming tail of a bait fish so as to further entice a predatory fish to attack the lure.
In regard to claims 2 and 12, Kertz discloses wherein the one or more directional members (150) further comprise one or more guiding fins (150).
In regard to claims 3 and 13, Kertz and Yates or Alger disclose wherein the one or more directional members (150 of Kertz; generally 36,42 of Yates; 8 of Alger) further comprise one or more manually adjustable fins (see col. 3, lines 13-39 & Figs. 4-5 of Yates) configured to change an angle of the one or more fins mechanically.
In regard to claims 4 and 14, Kertz discloses wherein the body (20,180) further comprises a scent material inlet (40) configured to receive scent material.
In regard to claims 5 and 15, Kertz discloses wherein the scent material further comprises chum (inserts 60 may incorporate an absorbent bait scent receiver for receiving scents made from gels, pastes, sauces, oils or any other bait product, dead or alive).
In regard to claim 7, Kertz discloses wherein the one or more cartridges (60) further comprise one or more apertures (aperture defined by 80 at the leading end of 60 and communicates with the cavity of 60 in Fig. 9) configured to release scent if an internal cavity within the one or more cartridges is filled with scent materials (inserts 60 may incorporate an absorbent bait scent receiver for receiving scents made from gels, pastes, sauces, oils or any other bait product, dead or alive) and as the one or more cartridges move through water.
In regard to claim 11, Kertz discloses a submersible scent material dispersal device comprising a body configured to house scent material and extending along a longitudinal axis comprising: one or more directional members (150) along an outer surface of the body configured to influence movement of the body through a fluid environment; a first connection member and a second connection member positioned on opposing sides of the body and configured to couple a downrigger ball and downrigger cable; a first receiving track and a second receiving track positioned on opposing sides of an outer surface of the body and extending along the longitudinal axis of the body; a propulsion device comprising: a rear propeller at a distal end of the body; wherein, the body is configured to tether to a downrigger ball and downrigger cable depth control apparatus such that when the body is pulled through water, the proximal end of the body defining a front portion of the body that leads in a direction of travel, such that tethering the downrigger ball and downrigger cable to the body configures the body to be placed pulling the body in the direction of travel causes dispersal of the scent material from the body through the one or more outlets of the body at a desired predetermined depth level within a body of water. as the body moves at a predetermined velocity.
Allowable Subject Matter
Claims 8-9 and 17-18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-5, 7-9, 11-15, 17, and 18 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Noraker 7,380,365 discloses a body (204) comprising a propulsion device comprising a first connection member (at 304) and a second connection member (at 212) positioned on opposing sides of the body (opposing left and right sides of 204) and configured to couple to a downrigger ball and a downrigger cable, a rear propeller (316) at a distal end of the body (at tail end 222). Thomson 8,763,300 discloses a body (14) comprising a first connection member (see lower eyelet at the apex of the lower fin in Fig. 1) and a second connection member (see two eyelets at the top of 14 in Fig. 1) positioned on opposing sides of the body (top and bottom sides) and configured to couple a downrigger ball and downrigger cable (both the first and second connection members capable of coupling to a downrigger ball and downrigger cable), and a first receiving track (left 16 in Fig. 1) and a second receiving track (right 16 in Fig. 1) positioned on opposing sides of an outer surface of the body (left and right sides of 14) and extending along the longitudinal axis of the body (see Fig. 1). Vobejda 4,742,638 discloses a body (10) comprising a propulsion device comprising a rear propeller (22) at a distal end of the body (rear end of 10); and an internal flow enabler comprising a shaft (20); and a spiral groove (30) on the shaft, wherein the shaft is affixed in place within the body (via bearings 24,26), such that the shaft is translationally static relative to the body (via bearings 24,26 which allow rotational movement of shaft 20 while prevents its axial movement in Fig. 2) and configured to rotate within the body (spiral groove 30 rotates to dispense liquid scent within 10). Kamin 5,224,285 discloses an internal flow enabler comprising a shaft (shaft of 28 in Fig. 5); and one or more blades (blades of 28 in Fig. 5) operatively coupled to the shaft, wherein the shaft is affixed in place within the body (12; see Fig 5), such that the shaft is translationally static relative to the body (see both ends of the shaft held in place at the ends) and configured to rotate within the body (see Fig. 5). .
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 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