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No claims are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 02/26/2024.
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 1-3, 19, and 20 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 21, the term “the circular opening” lacks antecedent basis.
In regard to claim 1, lines 21-22, the phrase “the circular opening defined by the rod end extension” renders the claim vague and indefinite since it was previously recited at lines 7-8 of claim 1 that “the rod end extension including a rod end holder defining a circular hole”. That is, the rod end holder defines the circular hole and not the rod end extension.
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, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hancock 7,100,808 in view of Steckman 2,721,680 or Marriott D446,280, and Diaz, Jr. et al. 8,651,289.
In regard to claim 1, Hancock discloses a holder for securing a fishing rod (150 or shovel 142), having a rod handle (left end of 150 in Fig. 11) and an oppositely disposed rod tip (right end of 150 in Fig. 11), to a Bimini top for a boat, having at least a first upright pole (134 in Fig. 8) and a spaced apart second upright pole (134 in Fig. 8; while 134 represents a single pole structure in Fig. 8, the device of Hancock is capable of being mounted in spaced apart fashion to two distinct poles), comprising: a rod end assembly (left 20 in Fig. 8) that is configured to secure the handle of the fishing pole to the first upright pole (see Fig. 8), the rod end assembly including includes a first clamp (30,36,38,46 in Fig. 9) that is securable to the first upright pole (a first upright pole similar to 134 in Fig. 8) and a rod end extension (26,32) extending from the first clamp that is configured to secure the rod end handle thereto, the rod end extension (26,32) including a rod end holder (138,140,144) defining a U-shaped opening (opening defined between 138 & 140 as shown in Fig. 9), into which fits the rod handle, and a first elastic band (110 made of rubber or the like) stretched across the first opening (see Figs. 6-7) and engaged in two spaced apart notches (notches defined by 104 in Fig. or also notches defined under the projecting portions extending from 138,140 in Fig. 9) defined by the rod end extension so that the first elastic band applies force to the rod handle to push the rod handle against a side of the opening when the rod handle is received in the first opening, the rod end assembly (left 20 in Fig. 8) also including a first angular adjustment mechanism (34,64) that is configured to set an angle of the rod end extension (26,32) relative to the first clamp (30,36,38,46 in Fig. 9) to a first angle; and a rod tip assembly (right 20 in Fig. 8) that secures the rod tip of the fishing pole to the second upright pole (see Fig. 8), the rod tip assembly including a second clamp (30,36,38,46 in Fig. 9) that is secured to the second upright pole (a second upright pole similar to 134 in Fig. 8) and a rod tip extension (26,32) extending from the second clamp that secures the rod tip to the second upright pole, the rod tip extension (26,32) including a rod tip holder (138,140,144) defining a U-shaped opening (opening defined between 138 & 140 as shown in Fig. 9) into which fits the rod tip and a second elastic band (110 made of rubber or the like) stretched across the second opening (see Figs. 6-7) and engaged in two spaced apart notches (notches defined by 104 in Fig. or also notches defined under the projecting portions extending from 138,140 in Fig. 9) defined by the rod tip extension so that the second elastic band applies force to the rod tip to push the rod tip against a side of the second opening when the rod tip is received in the second opening, the rod tip assembly (right 20 in Fig. 8) also including a second angular adjustment mechanism (34,64) that is configured to set an angle of the rod tip extension relative to the second clamp to a second angle that is complimentary to the first angle so that the fishing rod extends substantially straight from the rod end assembly to the rod tip assembly when secured thereto (see Fig. 8), irrespective of where on the first pole the first clamp is secured and where on the second pole the second clamp is secured. Hancock also does not disclose the rod end holder defining a circular hole into which fits the rod handle or the U-shaped opening having a smaller diameter than the circular opening defined by the rod extension. Steckman and Marriott disclose the rod end holder (28 OR see circular shaped rod holders in the background in Fig. 1) defining a circular hole (see Fig. 2 OR see Fig. 1) into which fits the rod handle (butt ends 33 of poles 10 OR fishing rods are typically larger at the handle/butt ends thereof and require a larger opening to hold them) and the U-shaped opening (24 OR see the U-shaped openings in the foreground in Fig. 1) having a smaller diameter than the circular opening defined by the rod extension (spring clips 24 engage the rods at their thin or tip ends; see Fig. 2 OR see Fig. 1). 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 rod end holder and U-shaped opening of Hancock such that the rod end holder defines a circular hole into which fits the rod handle and modify the U-shaped opening such that it has a smaller diameter than the circular opening in view of Steckman or Marriott in order to provide corresponding circular holes and U-shaped openings which can accommodate the difference in size between the rod handles and the rod tips/end portions so as to reliably hold the fishing rods therein and also to provide a circular hole for the rod end holder which will enclose the rod handle therein to more reliably prevent the escape of the rod end handle from the rod end holder in a lateral direction with respect to the rod end holder. Hancock and Steckman or Marriott disclose first and second elastic bands (110 of Hancock) in the form of straps, but does not disclose first and second circular elastic bands. Diaz, Jr. et al. disclose first and second circular (see Fig. 6) elastic bands (rubber cover or retention strap). 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 first and second elastic bands of Hancock and Steckman or Marriott such that they are first and second circular elastic bands in view of Diaz, Jr. et al. in order to provide an alternative, yet equally effective elastic band to be stretched across the circular hole and U-shaped opening in order to retain the respective portions of the fishing rod therein.
In regard to claims 19-20, Hancock discloses the first and second clamps comprising an inner clamp member (30) and an outer clamp member (46) that is engageable to the inner clamp member around the first and second upright poles (see Figs. 8-9); the first and second angular adjustment mechanisms comprising a pin (one of the undulating portions between 68 in Fig. 4) extending from a side of the inner clamp member (30); and a plurality of V-shaped concave slots (34 in Fig. 1) defined by sides of the rod end holder and rod tip holder that is adjacent to the inner clamp members from which the pins extend, the V-shaped concave slots (34 in Fig. 1) arranged around centers of circles (generally 33) so that the pins (one of the undulating portions between 68 in Fig. 4) engage one of the V-shaped concave slots when the rod end holder and the rod tip holder are affixed to the inner clamp members thereby holding the rod end holder and the rod tip holder at desired angular relationships to the first and second poles.
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hancock 7,100,808 in view of Steckman 2,721,680 or Marriott D446,280, and Diaz, Jr. et al. 8,651,289 as applied to claim 1 above, and further in view of Riley 2020/0288692.
In regard to claims 2-3, Hancock does not disclose wherein the first clamp and the second clamp each comprises nylon or wherein the rod end extension and the rod tip extension each comprises thermoplastic elastomer. Riley discloses wherein the first clamp (2) and the second clamp (2) each comprises nylon (see para. 0013) and wherein the rod extension (3) comprises thermoplastic elastomer (see para. 0013). 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 holder of Hancock such that the first clamp and second clamp each comprises nylon and the rod end extension and the rod tip extension each comprises thermoplastic elastomer in view of Riley in order to use inexpensive materials that can be utilized to mass produce the holders.
Claim(s) 21-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hancock 7,100,808 in view of Warecke 2006/0254118, Alling et al. 7,337,934, and Steckman 2,721,680 or Marriott D446,280, and Diaz, Jr. et al. 8,651,289.
In regard to claim 21, Hancock discloses a fishing pole (150) having a handle and a rod tip disposed oppositely from the handle; a holder for securing a fishing rod (150 or shovel 142), having a rod handle (left end of 150 in Fig. 11) and an oppositely disposed rod tip (right end of 150 in Fig. 11), to a Bimini top for a boat, having at least a first upright pole (134 in Fig. 8) and a spaced apart second upright pole (134 in Fig. 8; while 134 represents a single pole structure in Fig. 8, the device of Hancock is capable of being mounted in spaced apart fashion to two distinct poles), comprising: a rod end assembly (left 20 in Fig. 8) that is configured to secure the handle of the fishing pole to the first upright pole (see Fig. 8), the rod end assembly including includes a first clamp (30,36,38,46 in Fig. 9) that is securable to the first upright pole (a first upright pole similar to 134 in Fig. 8) and a rod end extension (26,32) extending from the first clamp that is configured to secure the rod end handle thereto, the rod end extension (26,32) including a rod end holder (138,140,144) defining a U-shaped opening (opening defined between 138 & 140 as shown in Fig. 9), into which fits the rod handle, and a first elastic band (110 made of rubber or the like) stretched across the first opening (see Figs. 6-7) and engaged in two spaced apart notches (notches defined by 104 in Fig. or also notches defined under the projecting portions extending from 138,140 in Fig. 9) defined by the rod end extension so that the first elastic band applies force to the rod handle to push the rod handle against a side of the opening when the rod handle is received in the first opening, the rod end assembly (left 20 in Fig. 8) also including a first angular adjustment mechanism (34,64) that adjusts an angle of the rod end assembly (left 20 in Fig. 8) so that the first opening is substantially vertical (see Figs. 8-9); and a rod tip assembly (right 20 in Fig. 8) that secures the rod tip of the fishing pole to the second upright pole (see Fig. 8), the rod tip assembly including a second clamp (30,36,38,46 in Fig. 9) that is secured to the second upright pole (a second upright pole similar to 134 in Fig. 8) and a rod tip extension (26,32) extending from the second clamp that secures the rod tip to the second upright pole, the rod tip extension (26,32) including a rod tip holder (138,140,144) defining a U-shaped opening (opening defined between 138 & 140 as shown in Fig. 9) into which fits the rod tip and a second elastic band (110 made of rubber or the like) stretched across the second opening (see Figs. 6-7) and engaged in two spaced apart notches (notches defined by 104 in Fig. or also notches defined under the projecting portions extending from 138,140 in Fig. 9) defined by the rod tip extension so that the second elastic band applies force to the rod tip to push the rod tip against a side of the second opening when the rod tip is received in the second opening, wherein the rod end assembly (left 20 in Fig. 8) is positioned so that the fishing rod is held substantially horizontally (see Fig. 8), but does not disclose a boating system including a boat comprising a Bimini top affixed to the boat, the Bimini top including a first upright pole and a second upright pole that is spaced apart from the first upright pole. Warecke discloses a boating system including a boat, comprising a Bimini top affixed to the boat (see para. 0005), the Bimini top including a first upright pole and a second upright pole that is spaced apart from the first upright pole (first and second upright poles support either end of 106 in Fig. 12); a fishing pole (72) having a handle (82) and a rod tip (86) disposed oppositely from the handle (see Fig. 5); a rod end assembly (20) that secures the handle of the fishing pole to the Bimini structure (106 in Fig. 12). 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 system of Hancock such that it comprises a boating system including a boat comprising a Bimini top affixed to the boat, the Bimini top including a first upright pole and a second upright pole that is spaced apart from the first upright pole in view of Warecke in order to able to support the fishing pole on the boat where the fishing operation frequently occurs. Hancock and Warecke do not disclose the rod end assembly including a first clamp that is secured to the first upright pole or the rod tip assembly including a second clamp that is secured to the second upright pole or wherein the rod end assembly is positioned along the first pole and the rod tip assembly is positioned along the second pole so that the fishing rod is held substantially horizontally. Alling et al. disclose an elongated article (see shovel in Fig. 1); a rod end assembly (36) that secures the handle of the article (see right end of shovel in Fig. 1) to the first upright pole (see structure to which 36 is secured to in Fig. 1), the rod end assembly including a first clamp (66-67) that is secured to the first upright pole (see Figs. 1, 3-8, 13) and a rod end extension (32,34) extending from the first clamp (66-67) that secures the handle of the article to the first upright pole; a rod tip assembly (38) that secures the tip of the article (see left end of shovel in Fig. 1) to the second upright pole (see structure to which 38 is secured to in Fig. 1) and a rod tip extension (42,68) extending from the second clamp (66-67) that secures the article tip to the second upright pole (see Figs. 1, 3-8, 13), and wherein the rod end assembly is positioned along the first pole and the rod tip assembly is positioned along the second pole so that the fishing rod is held substantially horizontally (see Fig. 1). 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 system of Hancock and Warecke such that the rod end assembly including a first clamp that is secured to the first upright pole and the rod tip assembly including a second clamp that is secured to the second upright pole in view of Alling et al. in order to mount the rod end assembly and the rod tip assembly to distinctly different upright structures which are spaced laterally from each other instead of mounting the rod end assembly and the rod tip assembly to the same horizontally oriented structure as taught by Hancock. Hancock also does not disclose the rod end holder defining a circular hole into which fits the rod handle. Steckman and Marriott disclose the rod end holder (28 OR see circular shaped rod holders in the background in Fig. 1) defining a circular hole (see Fig. 2 OR see Fig. 1) into which fits the rod handle (butt ends 33 of poles 10 OR fishing rods are typically larger at the handle/butt ends thereof and require a larger opening to hold them). 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 rod end holder and U-shaped opening of Hancock such that the rod end holder defines a circular hole into which fits the rod handle in view of Steckman or Marriott in order to provide corresponding circular holes and U-shaped openings which can accommodate the difference in size between the rod handles and the rod tips/end portions so as to reliably hold the fishing rods therein and also to provide a circular hole for the rod end holder which will enclose the rod handle therein to more reliably prevent the escape of the rod end handle from the rod end holder in a lateral direction with respect to the rod end holder. Hancock and Steckman or Marriott disclose first and second elastic bands (110 of Hancock) in the form of straps, but does not disclose first and second circular elastic bands. Diaz, Jr. et al. disclose first and second circular (see Fig. 6) elastic bands (rubber cover or retention strap). 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 first and second elastic bands of Hancock and Steckman or Marriott such that they are first and second circular elastic bands in view of Diaz, Jr. et al. in order to provide an alternative, yet equally effective elastic band to be stretched across the circular hole and U-shaped opening in order to retain the respective portions of the fishing rod therein.
In regard to claims 22-23, Hancock discloses the first and second clamps comprising an inner clamp member (30) and an outer clamp member (46) that is engageable to the inner clamp member around the first and second upright poles (see Figs. 8-9); the first and second angular adjustment mechanisms comprising a pin (one of the undulating portions between 68 in Fig. 4) extending from a side of the inner clamp member (30); and a plurality of V-shaped concave slots (34 in Fig. 1) defined by sides of the rod end holder and rod tip holder that is adjacent to the inner clamp members from which the pins extend, the V-shaped concave slots (34 in Fig. 1) arranged around centers of circles (generally 33) so that the pins (one of the undulating portions between 68 in Fig. 4) engage one of the V-shaped concave slots when the rod end holder and the rod tip holder are affixed to the inner clamp members thereby holding the rod end holder and the rod tip holder at desired angular relationships to the first and second poles.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3 and 19-23 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
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