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 .
Drawings
The drawings were received on 09/10/2025. These drawings are approved by the Examiner.
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) 1-3, 5, 8, 10-16, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al. 11,357,220 in view of Bell 2,491,703 and van’t Veld 4,446,646.
In regard to claims 1, 11, and 13, Xu et al. disclose a folding landing net comprising: a yoke (2); a first hoop portion (3); and a second hoop portion (4); wherein the first hoop portion and the second hoop portion are pivotable with respect to the yoke (via 31) such that in a first, open position, the first hoop portion generally opposes the second hoop portion such that the first and second hoop portions form a single plane (see Figs. 1-5), and in a second, collapsed position the first hoop portion and the second hoop portion are pivoted upwards or downwards so that the first hoop portion is immediately adjacent to the second hoop portion (see Figs. 11-13); and wherein the yoke comprises a main body portion (24,31,32) and a slide lock (22,23,25), wherein the slide lock is slidable with respect to the main body portion (25 can slide downwardly out of 32 in Fig. 6), such that when the slide lock is in a first position, the first hoop arm and the second hoop arm are in the first, open position (see Fig. 6) and when the slide lock is in a second position, the first hoop arm and the second hoop arm are in a second, collapsed position (see Figs. 11-13), and wherein when the slide lock is in the first position (see Fig. 6), portions of the slide lock (25) are received into the first hoop portion and the second hoop portion (at 32), but does not disclose wherein when the slide lock is in the first position, a portion of each of the first hoop portion and the second hoop portion are received into the slide lock. Bell discloses a yoke (15-17, 30-33); a first hoop portion (left 20,21,25,26 in Fig. 6); a second hoop portion (right 20,21,25,26 in Fig. 6); wherein the first and second hoop portions are pivotable with respect to the yoke such that in a first, open position (see Fig. 3), the first hoop portion generally opposes the second hoop portion such that the first and second hoop portions form a single plane (see Fig. 2), and in a second collapsed position (see Fig. 1), the first hoop and second hoop portions are pivoted upwards or downwards (see Fig. 5) so that the first hoop portion is immediately adjacent to the second hoop portion (see Fig. 1); and wherein the yoke comprises a main body portion (15-17) and a slide lock (30-33), wherein the slide lock is slidable with respect to the main body portion (see Figs. 3-5), such that when the slide lock is in a first position (see Fig. 3), the first and second hoop portions are in the first, open position (see Fig. 2) and when the slide lock is in a second position (see Fig. 5), the first and second hoop portions are in a second, collapsed position, and wherein when the slide lock is in the first position, a portion (26) of each of the first and second hoop portions are received into the slide lock (space defined under inner abutment face 32 receives each of lugs 26 therein). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the slide lock of Bell wherein when the slide lock is in the first position, a portion of the first hoop portion and the second hoop portion are received into the slide lock for the slide lock of Xu et al. so as to provide an alternative yet equally effective configuration for the engagement between the slide lock and the first and second hoop portions for retaining the first and second hoop portions in the first position as desired by the user. Xu et al. and Bell do not disclose an end portion of each of the first hoop portion and the second hoop portion are received into the slide lock such that at least two sides of each end portion abut an interior of the slide lock. van’t Veld discloses a retractable landing net comprising a first hoop portion (30 and upper half of 44 in Figs. 9-11), a second hoop portion (31 and lower half of 44 in Figs. 9-11), wherein the first hoop portion and the second hoop portion are pivotable with respect to the yoke (generally 28A, 43) such that in a first, open position (see Figs. 1, 9, 10), the first hoop portion generally opposes the second hoop portion such that the first and second hoop portions form a single plane (plane of 20 in Fig. 1), and in a second, collapsed position the first hoop portion and the second hoop portion are pivoted so that the first hoop portion is immediately adjacent to the second hoop portion (see Figs. 2, 5); and wherein the yoke (28A, 43) comprises a main body portion (43) and a slide lock (28A), wherein the slide lock is slidable with respect to the main body portion (28A is slidable with respect to 43 via 39,41; see Figs. 10, 4, 5), such that when the slide lock is in a first position (see Figs. 9, 10, 4), the first hoop portion and the second hoop portion are in the first, open position (see Figs. 10, 1) and when the slide lock is in a second position (see Fig. 5), the first hoop portion and the second hoop portion are in a second, collapsed position (see Figs. 2, 5), and wherein when the slide lock is in the first position, an end portion of each of the first hoop portion (end of 30 and upper half of 44 in Figs. 9-11 that are located within 29A) and the second hoop portion (end of 31 and lower half of 44 in Figs. 9-11 that are located within 29A) are received in the slide lock (inside 29A and on 42A and engaged by 32A) such that at least two sides of each end portion abut an interior of the slide lock (bottom sides of 30-31 abut 42A, top sides of 30-31 abut the top surface of 29A opposite of 42A, and upper and lower halves of 44 of 30-31 have front sides abutting 32A). 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 end portion of each of the first hoop portion and the second hoop portion of Xu et al. and Bell such that they are received into the slide lock such that at least two sides of each end portion abut an interior of the slide lock in view of van’t Veld in order to provide support to the first and second hoop portions in either the upward or downward direction so that the first and second hoop portions do not collapse unexpectedly when the net is used to scoop a fish regardless of the orientation that the folding landing net is deployed.
In regard to claims 2 and 12, Xu et al. disclose a handle (12-16), wherein the handle is inserted into an opening (through hole of 2) defined by the yoke (2).
In regard to claim 3, Xu et al. disclose wherein the first position is a locked position (3-4 locked via 31,32,25 in Fig. 1) and the second position is an unlocked position (25 is removed from 32 in Figs. 11-13).
In regard to claims 5 and 16, Xu et al. disclose wherein the slide lock (22,23,25) includes a channel (open area in 2 receiving 27 therein; see Fig. 7) sized and shaped to receive a channel fastener (27), wherein the channel fastener extends through an opening (11) defined by the main body portion to slidably couple the slide lock to the main body portion.
In regard to claim 8, Xu et al. disclose wherein the yoke (2) comprises a first hoop mount (left 31 in Fig. 6) defining a first hoop opening (see Fig. 6) and a second hoop mount (right 31 in Fig. 6) defining a second hoop opening (see Fig. 6), wherein the first hoop portion is received within the first hoop opening and the second hoop portion is received within the second hoop opening (see Fig. 6).
In regard to claims 10 and 20, Xu et al. disclose wherein the main body portion (2,24 in Fig. 6) includes a locking mechanism (outer surfaces of 2,24 guide movement of 22 therealong; locking mechanism not being particularly claimed) configured to lock the slide lock (22,23,25) in place.
In regard to claim 14, Xu et al. disclose wherein the yoke (2) comprises a first hoop mount (left 31 in Fig. 6) coupled to the proximal end of the first hoop portion (see Fig. 6) and a second hoop mount (right 31 in Fig. 6) coupled to the proximal end of the second hoop portion (see Fig. 6).
In regard to claim 15, Xu et al. disclose wherein the collapsible hoop further comprises a first pivot arm (33) coupled to the distal end of the first hoop portion (3) and a second pivot arm (41) coupled to the distal end of the second hoop portion (4).
Claim(s) 5, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al. 11,357,220 in view of Bell 2,491,703 and van’t Veld 4,446,646 as applied to claims 1, 11 above, and further in view of Kleckner 7,124,533 of van’t Veld 4,446,646.
Alternatively in regard to claims 5 and 16, Xu et al. do not disclose wherein the slide lock includes a channel sized and shaped to receive a channel fastener, wherein the channel fastener extends through an opening defined by the main body portion to slidably couple the slide lock to the main body portion. Kleckner and van’t Veld disclose wherein the slide lock (50,60 OR 21) includes a channel sized (60 with 63,67 in Figs. 3A-C OR 41) and shaped to receive a channel fastener (58 OR 39), wherein the channel fastener (58 OR 39) extends through an opening (hole through 20 in Figs. 3A-C OR 50) defined by the main body portion (20 OR 28) to slidably couple the slide lock (50 OR 21) to the main body portion. 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 slide lock of Xu et al. such that it includes a channel sized and shaped to receive a channel fastener, wherein the channel fastener extends through an opening defined by the main body portion to slidably couple the slide lock to the main body portion in view of Kleckner or van’t Veld in order to provide a means for smoothly guiding the movement of the slide lock along the main body portion between the first and second positions of the net for consistent operation and performance thereof.
Claim(s) 6, 7, 17, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al. 11,357,220 in view of Bell 2,491,703 and van’t Veld 4,446,646 as applied to claims 1, 11 above, and further in view of Blaschke 6,655,072 or CN 210538304 to Huang.
In regard to claims 6, 7, 17, and 18 Xu et al. disclose wherein the main body portion (24,31,32) and slide lock (22,23,25) are retained together via a biasing spring (26), but do not disclose wherein when the main body portion contains the magnet, the magnet is attracted to a ferro-magnetic material of the slide lock; and wherein when the slide lock contains the magnet, the magnet is attracted to a ferro-magnetic material of the main body portion or wherein the main body portion comprises a main body portion magnet and the slide lock comprises a slide lock magnet, and wherein the main body portion magnet and the slide lock magnet are attracted to one another. Blaschke and Huang disclose wherein one of a first portion (24 OR 2) and a second portion (16 OR 3) contain a magnet (one of 44 OR 6) that is attracted to the magnet (other of 44 OR 8) in the other of the first and second portions. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute wherein when the main body portion contains the magnet, the magnet is attracted to a ferro-magnetic material of the slide lock; and wherein when the slide lock contains the magnet, the magnet is attracted to a ferro-magnetic material of the main body portion and wherein the main body portion comprises a main body portion magnet and the slide lock comprises a slide lock magnet, and wherein the main body portion magnet and the slide lock magnet are attracted to one another in view of Blaschke or Huang in order to provide an alternative mechanism which is equally effective as the spring biased mechanism of Xu et al. for maintaining the position of the slide lock with respect to the main body portion so as to detachably hold the net in the first open position.
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