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
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) and/or §102(a)(2) as being anticipated by Phillips (U.S. Patent No. 1,275,735).
Phillips (‘735) discloses a [fishing tackle] connector (holder of Fig. 1) comprising:
first and second ends (ends at eyes 11 and 12) separated by an elongated central member (10), the first and second ends and central member (10+11+12) being rigid such that they are not easily bent (i.e., “for purposes of rigidity and strength.)”;
the first end (11) comprising an arcuate outside edge (outside edge of 11 see Fig. 1) extending to a junction (junction where 11 meets 10, see Fig. 1) of an outside edge of the central member (edge of 10 that meets the junction 11) and the first end outside edge (see Fig. 1);
the first end comprising an inside edge (inside edge of 11 that defines opening) defining a first end through opening (opening of 11);
the second end comprising an arcuate outside edge (outside edge of 12) extending to a junction (junction where 12 meets 10, see Fig. 1) of the outside edge of the central member (edge of 10 that meets the junction 12) and the second end outside edge (see Fig. 2); and
the second end comprising an inside edge (inside edge of 12 that defines opening) defining a second end through opening (opening of 12);
in a front elevation view of the fishing tackle, the first end being wider than the elongated central member (see Fig. 3 disclosing the end at 11 being wider than the elongated central member 10);
in the front elevation view of the fishing tackle connector, the elongated central member being centrally positioned between the first and second ends (see Fig. 1, discloses 10 being centrally positioned between 11 and 12);
the elongated central member comprising a central member through opening (13, see Figs. 1-2), the central member through opening being smaller in area than each of the first and second end through openings (see Fig. 1).
(Examiner’s note*: the above (and below) statements in brackets [ ] are examples of intended use failing to limit the structure of the claimed invention. The prior art must only be capable of performing said functional recitations to be applicable and in the instant case, the prior art connector is indeed capable of having an intended use as a fishing tackle connector, as well as the intended use recited in the claims. Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987).)
(concerning claim 2) wherein, in the front elevation view of the fishing tackle connector (e.g., a front side depicted in Figs. 1 or 3), the second end are each wider than the central member (see Fig. 3 disclosing end at 12 being wider than 10);
(concerning claim 3) the first end forms a first angle at the junction of the outside edge of the central member and the first end outside edge (see Fig. 1 disclosing an angle where 11 meets 10 at an outside edge);
the second end forms a second angle at the junction of the outside edge of the central member and the second end outside edge (see Fig. 1 disclosing an angle where 12 meets 10 at an outside edge); and wherein the first angle and second angle are different (as depicted in Fig. 1).
(concerning claim 4) wherein at least one of the first and second angles is a rearward angle with respect to the elongated central member (see Figs. 1 and 3);
(concerning claim 5) the first and second angles are each between 0 and 45 degrees, inclusive (Figs. 1 and 3 depicts an angle between 0 and 45 degrees);
(concerning claim 6) the first end being adapted (via the opening of 11) [to secure a portion of terminal tackle such as a snap swivel], the second end being adapted (via the opening of 12) [to be capable to receive a fishing line]; and
(concerning claim 7) the central member (10) through opening is circular (see Fig. 1) [adapted to receive a tag end of a fishing line];
the respective first and second end through openings are closed (ends 11 and 12, Fig. 1);
the respective arcuate outside edges of the respective first and second ends each being non-convoluted such that each is formed of a single loop of material (see Fig. 1);
and [such that, with such configuration, there is no gap that would permit a wrapped portion of fishing line secured to the respective end through the respective first and second end through opening to escape the respective first and second end through opening] (see Fig. 1).
(concerning claim 8) wherein the respective first and second end through openings (openings of 11 and 12) are arranged such that both the first and second through openings (openings of 11 and 12) extend from a front of the [fishing tackle] connector to a rear of the fishing connector (as substantially depicted in at least Fig. 1).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-9 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 DAVID M UPCHURCH whose telephone number is (571)270-7957. The examiner can normally be reached 6AM-3PM EST M-F.
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/DAVID M UPCHURCH/ Primary Examiner, Art Unit 3677