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.
Claim 6 is 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.
Claim 6 recites the limitation “an uppermost surface of the second segment”. It is unclear whether this is the same as the “second upper planar surface” of claim 1, or a separate surface of the second segment. For examination purposes, the uppermost surface will be read as being the upper planar surface of claim 1. Applicant notes that the term “uppermost surface” speaks for itself, however, it is still unclear if the term is used to denote a separate upper surface on the second segment or the same as in claim 1. Please note, if this is the same surface, claim 6 should change the language to read “the second upper planar surface” to remain consistent in the naming of limitations.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-10, 12-14, 16-19, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Beri (US 2828096) in view of O’Leary et al. (US 2011/0214331).
Regarding claim 1, Beri discloses a fishing rod and reel holder (Figs. 1 and 4), comprising: a support member configured to project upright (leg ending with (37)); and a holder member (8) including a first segment (10) having a support side (side of (10) facing out from page) and a first upper planar surface (Fig. 1), the holder member directly connected to the support member at a single position and indirectly connected to the support member at another position and at the non-support side (Fig. 1, directly connected at the side of (10) facing into the page at (38), and indirectly through (52)), the single position including a pin (38) about which the holder member rotates (col. 2, lines 31-34 teaches that the pin (38) is a point of rotation), a second segment (12) extending outward from the first segment opposite the support side and having a second upper planar surface (Fig. 1), and a third segment (20) positioned apart from the second segment, the third segment extending outward from the first segment opposite the support side (Fig. 1), the first upper planar surface and the second upper planar surface oriented along a common plane (Fig. 1), the third segment together with the first segment and the second segment define an opening (Fig. 1, opening between end of the second segment and the third segment) sized such that a shank of a fishing reel secured to a fishing rod may pass therethrough (This limitation is intended use language. The holder member of Beri has an opening capable thereof for a shank of a fishing reel secured to a fishing rod to pass therethrough. Fig. 1 shows an outline of one optional placement along the holder member).
Beri does not explicitly disclose the holder member connected to the support member at a single position and at the support side.
O’Leary et al. teaches a fishing rod and reel holder (100) having a holder member (110) including a first segment (111), a second segment (117), and a third segment (115), the holder member connected to the support member (102) at a single position (pivot point (112)) and at the support side (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 have modified the holder of Beri to position the holder member connectable to the support member at the support side as taught by O’Leary et al., with a reasonable expectation of success, in order to avoid the movement of the holder member to potentially interfere with the rod and reel that is to be held. Having the support member on the fishing rod and reel side of the holder member reduces the spacing for the fishing rod and reel and any attached accessories. Therefore, while in position, there may be some bumping or hitting from the rod and reel, and any attached accessories with the support member when the holder member is in motion, which would be undesired. Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the holder member to be connected to the support member only at the single position to allow for less restricted movement while in use since only one point will be rotating along the first segment (see paragraph [0021] of O’Leary et al.).
Regarding claim 2, Beri as modified by O’Leary et al. teaches the holder of claim 1, and teaches (references to Beri) wherein a terminal end of the second segment (14) and a terminal end of the third segment (66) define a gap whereby the fishing rod and reel may be inserted onto the holder member by passing the shank of the fishing reel through the gap (This limitation is intended use language. The holder member of Beri has a gap capable of inserting a fishing rod and reel by passing the shank of the fishing reel through the gap. A shank of a fishing reel can pass through the gap as shown in Fig. 1).
Regarding claim 3, Beri as modified by O’Leary et al. teaches the holder of claim 2, and teaches (references to Beri) wherein the holder member is configured such that the fishing reel may exit the holder member by sliding the fishing rod laterally away from the first segment opposite the support side (This limitation is intended use language. The holder member of Beri is capable of allowing a fishing rod to slide laterally away from the first segment, Fig. 1).
Regarding claim 4, Beri as modified by O’Leary et al. teaches the holder of claim 3, and teaches (references to Beri) wherein the holder member is configured such that the rod may maintain contact with the second segment and/or the third segment while the fishing rod slides away from the first segment (This limitation is intended use language. The holder member of Beri is capable of allowing a fishing rod to slide laterally away from the first segment while maintaining contact with the second segment and/or the third segment, especially as it moves closer to the terminal ends of the second segment and third segment, Fig. 1).
Regarding claim 5, Beri as modified by O’Leary et al. teaches the holder of claim 1, and teaches (references to Beri) wherein the second segment (12) and the third segment (20) define a gap such that the fishing rod and reel may exit the holder member by passing the shank of the fishing reel through the gap (This limitation is intended use language. The holder member of Beri has a gap capable of inserting a fishing rod and reel by passing the shank of the fishing reel through the gap. A shank of a fishing reel can pass through the gap as shown in Fig. 1).
Regarding claim 6, Beri as modified by O’Leary et al. teaches the holder of claim 5, and teaches (references to Beri) wherein the holder member is configured such that the fishing rod maintains contact with an uppermost surface of the second segment and/or an uppermost surface of the third segment while the shank passes through the gap (This limitation is intended use language. The holder member of Beri has a gap capable of allowing the shank of a fishing rod to pass through while maintaining contact with the uppermost surface of the second segment and/or third segment, Fig. 1).
Regarding claim 7, Beri as modified by O’Leary et al. teaches the holder of claim 1, and teaches (references to Beri) wherein the holder member is configured such that entire sides of a handle of the fishing rod are exposed when the fishing rod is placed on the holder (a handle of a fishing rod can lay outside of the second segment and/or third segment of the holder member exposing entire sides of the handle while placed on the holder, Fig. 1).
Regarding claim 8, Beri as modified by O’Leary et al. teaches the holder of claim 1, and teaches (references to Beri) wherein the third segment includes an uppermost surface (upper surface of (20)) configured such that the fishing rod rests upon the uppermost surface (Fig. 1) while the shank passes through the opening (This limitation is intended use language. The holder member of Beri has an opening that would allow the shank of a fishing rod to pass through while the fishing rod rests upon the uppermost surface, Fig. 1), the uppermost surface being a planar surface oriented along the common plane (Fig. 1).
Regarding claim 9, Beri as modified by O’Leary et al. teaches the holder of claim 1, and teaches (references to Beri) wherein the holder member is rotatably connected to the support member by a pin ((38), col. 3, lines 45-49, the holder member can rotate around pin (38)). Beri as modified by O’Leary et al., as discussed so far, has been silent about the holder member rotatable to an upward tilt mode with the second segment oriented above the third segment and rotatable to a downward tilt mode with the second segment oriented below the third segment.
In addition to the above, O’Leary et al. further teaches wherein the holder member is rotatably connected to the support member by a pin (Fig. 1, shows pin, paragraph [0021] notes the holder member is pivotally attached, claim 2), the holder member rotatable to an upward tilt mode with the second segment oriented above the third segment (Fig. 2) and rotatable to a downward tilt mode with the second segment oriented below the third segment (Fig. 4). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the holder of Beri modified by O’Leary et al. to provide two rotatable modes as taught by O’Leary et al. with reasonable expectation of success in order to be able to allow a user of the holder to be remote, and yet still get to the fishing rod in time to respond to a strike (O’Leary et al.: abstract).
Regarding claim 10, Beri as modified by O’Leary et al. teaches the holder of claim 9, and teaches (references to O’Leary et al.) wherein the shank abuts the third segment (115) in the upward tilt mode (Fig. 2) and abuts the second segment (117) in the downward tilt mode (Fig. 4).
Regarding claim 12, Beri as modified by O’Leary et al. teaches the holder of claim 1, and teaches (references to Beri) wherein the support member is rotatably connected to a base (col.3, lines 20-31, swivel (i.e. rotatably connected) to the base (U-shaped clamp and L-shaped bracket)).
Regarding claim 13, Beri discloses a device for holding a fishing rod having a fishing reel secured thereto (Figs. 1 and 4), the device comprising: a support member configured to project upright (leg ending with (37)); and a holder member (8) directly connected to the support member at a position and indirectly connected to the support member at another position (Fig. 1, directly connected at the side of (10) facing into the page at (38), and indirectly through (52)), the single position including a pin (38) about which the holder member freely rotates (col. 2, lines 31-34 teaches that the pin (38) is a point of rotation), the holder member including a first segment (10) having a support side (side of (10) facing out from page), the holder member connected to the support member at the non-support side (Fig. 1, connected at the side of (10) facing into the page), a second segment (12) extending from the first segment (Fig. 1), and a third segment (20) extending from the first segment (Fig. 1), the second segment (12) and the third segment (20) spaced apart to define an opening such that a shank of the fishing reel secured to the fishing rod extends into the opening (Fig. 1, shank can pass through opening between (12) and (20)), the opening configured such that the shank may transition from contact with the third segment to contact with the second segment while the fishing rod or a handle of the fishing rod contacts an upper surface of the second segment (Fig. 1. This limitation is intended use language. A fishing rod can contact the second segment of Beri while the shank of the fishing rod can transition from contact with the third segment to the second segment. Please note that Fig. 1 of Beri shows one direction the fishing rod may be positioned, however, a fishing rod may be positioned in the opposite direction as well).
Beri does not explicitly disclose the holder member connected to the support member at a single position and at the support side.
O’Leary et al. teaches a fishing rod and reel holder (100) having a holder member (110) including a first segment (111), a second segment (117), and a third segment (115), the holder member connected to a support member (102) at a single position (pivot point (112)) and at the support side (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 have modified the holder of Beri to position the holder member connectable to the support member at the support side as taught by O’Leary et al., with a reasonable expectation of success, in order to avoid the movement of the holder member to potentially interfere with the rod and reel that is to be held. Having the support member on the fishing rod and reel side of the holder member reduces the spacing for the fishing rod and reel and any attached accessories. Therefore, while in position, there may be some bumping or hitting from the rod and reel, and any attached accessories with the support member when the holder member is in motion, which would be undesired. Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the holder member to be connected to the support member only at the single position to allow for less restricted movement while in use since only one point will be rotating along the first segment (see paragraph [0021] of O’Leary et al.).
Regarding claim 14, Beri as modified by O’Leary et al. teaches the device of claim 13, and teaches (references to Beri) wherein a terminal end of the second segment (14) and a terminal end of the third segment (66) define a gap such that the shank may be inserted through the gap and into the opening (Please note this is intended use language. Fig. 1 shows a gap wherein a shank is capable of being inserted therethrough).
Regarding claim 16, Beri discloses a fishing rod and reel holder system (Figs. 1 and 4), comprising: a fishing rod (Fig. 1) having a fishing reel (Fig. 1) secured thereto; and a fishing rod and reel holder (Fig. 1), comprising: a support member configured to project upright (leg ending with (37)); and a holder member (8) directly connected to the support member at a position and indirectly connected to the support member at another position (Fig. 1, directly connected at the side of (10) facing into the page at (38), and indirectly through (52)), the single position including a pin (38) about which the holder member rotates (col. 2, lines 31-34 teaches that the pin (38) is a point of rotation), the holder member including a longitudinally extending first segment (10) having a support side (side of (10) facing out from page), the holder member connected to the support member at the non-support side (Fig. 1, connected at the side of (10) facing into the page) and together with the support member configured to rotate to a T-shaped orientation (see Fig. 1 showing a T-shaped orientation with the holding member (8) and the support member (leg ending with (37))), a second segment (12) extending from the first segment opposite the support side (Fig. 1), and a third segment (20) extending from the first segment opposite the support side (Fig. 1), the second segment and the third segment define a gap (Fig. 1, opening between the second segment and the third segment) through which a shank of the fishing reel passes (This limitation is intended use language. The holder member of Beri has a gap capable thereof for a shank of a fishing reel to pass therethrough. Fig. 1 shows an outline of one optional placement along the holder member), the fishing rod rests upon an upper surface of the second segment and/or upon an upper surface of the third segment (Fig. 1 shows the fishing rod resting on both the second segment and the third segment).
Beri does not explicitly disclose the holder member connected to the support member at a single position and at the support side.
O’Leary et al. teaches a fishing rod and reel holder (100) having a holder member (110) including a first segment (111), a second segment (117), and a third segment (115), the holder member connected to a support member (102) at a single position (pivot point (112)) and at the support side (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 have modified the holder of Beri to position the holder member connectable to the support member at the support side as taught by O’Leary et al., with a reasonable expectation of success, in order to avoid the movement of the holder member to potentially interfere with the rod and reel that is to be held. Having the support member on the fishing rod and reel side of the holder member reduces the spacing for the fishing rod and reel and any attached accessories. Therefore, while in position, there may be some bumping or hitting from the rod and reel, and any attached accessories with the support member when the holder member is in motion, which would be undesired. Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the holder member to be connected to the support member only at the single position to allow for less restricted movement while in use since only one point will be rotating along the first segment (see paragraph [0021] of O’Leary et al.).
Regarding claim 17, Beri as modified by O’Leary et al. teaches the system of claim 16, and teaches (references to Beri) wherein the fishing rod rests upon the upper surface of the second segment and/or the upper surface of the third segment while the shank passes through an opening defined by the holder member (This limitation is intended use language. The holder member of Beri is capable of allowing a fishing rod to rest upon the upper surface of the second segment and/or the third segment while the shank passes through the opening, the fishing rod can be positioned in the opposite direction it is shown in Fig. 1 in order for this to happen).
Regarding claim 18, Beri as modified by O’Leary et al. teaches the system of claim 16, and teaches (references to Beri) wherein the holder member is configured to rotate to a flat orientation coextensive with the support member (col. 1, lines 39-44, col. 2, lines 35-51).
Regarding claim 19, Beri as modified by O’Leary et al. teaches the system of claim 16, and teaches (references to Beri) wherein the holder member connects to the support member at a pin hole (where (38) is located along (10)) oriented below the upper surface of the second segment and below the upper surface of the third segment when the holder member is level (Fig. 1).
Regarding claim 23, Beri as modified by O’Leary et al. teaches the holder of claim 1, and as discussed so far, has been silent as to wherein the support member holds the fishing rod and reel in a stable position and rotates during a fish strike operation of the device.
In addition to the above, O’Leary et al. teaches wherein the support member holds the fishing rod and reel in a stable position and rotates during a fish strike operation of the device (paragraph [0027] teaches the support member holds the fishing rod and reel in a stable position in the up position (Fig. 2) and rotates during a fish strike). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the holder of Beri modified by O’Leary et al. to provide the fishing rod and reel in a stable position before rotating during a fish strike as is taught by O’Leary et al., with a reasonable expectation of success, in order to be able to allow a user of the holder to be remote, and yet still get to the fishing rod in time to respond to a strike (O’Leary et al.: abstract).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over O’Leary et al. (US 2011/0214331) in view of Sullivan (US 9137978, noted in IDS dated 7/13/2023).
Regarding claim 11, O’Leary et al. discloses a fishing rod and reel holder (100), comprising: a support member (102) configured to project upright (Fig. 1); and a holder member (110) including a first segment (111) having a support side (support side on opposite side of page for Fig. 1), the holder member rotatably connectable to the support member at the support side (Figs. 1-4), a second segment (117) extending outward from the first segment opposite the support side (Fig. 1), and a third segment (115) positioned apart from the second segment ((117) and (115) are spaced apart from each other along a non-support side of the first segment (111)), the third segment extending outward from the first segment opposite the support side (Fig. 1), the third segment together with the first segment and second segment define an opening sized such that a shank of a fishing reel secured to a fishing rod may pass therethrough (Fig. 2, shank passes through opening between (115) and (117)), the holder member rotatably connected to the support member by a pin (Fig. 1 shows pin, paragraph [0021] notes the holder member is pivotally attached, claim 2), the holder member rotatable to a horizontal mode with the second segment oriented at a level with the third segment (the holder is capable of being positioned in a horizontal mode which would be between the upward tilt mode (Fig. 2) and downward tilt mode (Fig. 4)), the shank is positioned in a spaced relationship with respect to the second segment and the third segment (there is no specific figure, however, the shank would sit within the opening between the second segment (115) and the third segment (117) in this horizontal mode where the second segment and third segment are oriented at the same level depending on how hard the fish pulled on the line in the transition between the far ends of the movement of the holder).
Sullivan teaches a holder comprising a holder member (40) rotatable to a horizontal mode (Fig. 1) with a second segment (left portion of (40) in Fig. 4a) oriented at a level with the third segment (right portion of (40) in Fig. 4a), the shank (S) positioned in a spaced relationship with respect to the second segment and the third segment (Fig. 1 shows the shank (S) in a position that is a spaced relationship with respect to the second segment and the third segment). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the holder of O’Leary et al. to specifically include a horizontal mode as is taught by Sullivan, with a reasonable expectation of success, in order to provide a position that would allow the user to adjust or maintain the fishing rod and reel in a horizontal position while in the holder in order to make adjustments while not having to overextend to reach components.
Claims 15 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Beri (US 2828096) in view of O’Leary et al. (US 2011/0214331) as applied to claim 13 and claim 1, respectively, above, and further in view of Hinchliffe (US 2917257).
Regarding claim 15, Beri as modified by O’Leary et al. teaches the device of claim 13, however, does not explicitly teach wherein the second segment forms an acute angle with respect to the first segment to define a notch, the shank positioned within the notch and abutting the second segment when the holder member is rotated to a downward tilt mode.
Hinchliffe teaches a fishing rod and reel holder (Fig. 2) that comprises a holder member having a second segment (36) that forms an acute angle with respect to the first segment (26) to define a notch (Fig. 2), the shank positioned within the notch and abutting the second segment when the holder member is rotated to a downward tilt mode (the shank is abutting the second segment when the holder member would be in a downward tilt mode based on positioning). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Beri modified by O’Leary et al. to include an acute angle to the second segment as taught by Hinchliffe, with a reasonable expectation of success, to help physically secure the shank in place when rotating the holding member to reduce any loss if there is any side-to-side movement.
Regarding claim 20, Beri as modified by O’Leary et al. teaches the holder of claim 1, however, does not explicitly teach wherein the second segment forms an acute angle with respect to the first segment to define a notch, the shank positionable within the notch to abut the second segment when the holder member is rotated to a downward tilt mode.
Hinchliffe teaches a fishing rod and reel holder (Fig. 2) that comprises a holder member having a second segment (36) forms an acute angle with respect to the first segment (26) to define a notch (Fig. 2), the shank positionable within the notch to abut the second segment when the holder member is rotated to a downward tilt mode (the shank is abutting the second segment when the holder member would be in a downward tilt mode based on positioning). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Beri modified by O’Leary et al. to include an acute angle to the second segment as taught by Hinchliffe, with a reasonable expectation of success, to help physically secure the shank in place when rotating the holding member to reduce any loss if there is any side-to-side movement.
Claims 21 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over O’Leary et al. (US 2011/0214331) in view of Sullivan (US 9137978) as applied to claim 11 above, and further in view of Beri (US 2828096).
Regarding claim 21, O’Leary et al. as modified by Sullivan teaches the holder of claim 11, however, does not explicitly teach wherein the first segment includes a first upper planar surface and the second segment includes a second upper planar surface oriented along a common plane.
Beri teaches a fishing rod and reel holder (Fig. 1) wherein the first segment (10) of a holder member (8) includes a first upper planar surface (Fig. 1) and the second segment (12) includes a second upper planar surface oriented along a common plane (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 have modified the holder of O’Leary et al. modified by Sullivan to include a first upper planar surface and a second upper planar surface as is taught by Beri, with a reasonable expectation of success, in order to provide a steady planar surface for ease of positioning, i.e. ready to use (Beri: claim 1).
Regarding claim 21, O’Leary et al. as modified by Sullivan teaches the holder of claim 11, however, does not explicitly teach wherein the first segment is a linearly straight member, the second segment extends from a first end of the first segment and the third segment extends from an opposite end of the first segment.
Beri teaches a fishing rod and reel holder (Fig. 1) wherein the first segment (10) of a holder member (8) is a linearly straight member (Fig. 1), the second segment (12) extends from a first end of the first segment (Fig. 1) and the third segment (20) extends from an opposite end of the first segment (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 have modified the holder of O’Leary et al. modified by Sullivan to include a linearly straight member and the second segment and third segment on opposite ends as is taught by Beri, with a reasonable expectation of success, in order to provide a longer length for the support section to avoid unintended tilting or other issues with the fishing rod and reel while placed on the holder.
Response to Arguments
Applicant’s arguments with respect to the 112b rejection have been addressed above with additional comments.
Applicant’s arguments filed 11/7/2025 have been fully considered but they are not persuasive.
With respect to claim 1, applicant argued that Beri does not teach the holder member connected at a single position and the connection at the support side and any modification would frustrate aspects of Beri. Therefore, applicant argues it would not have been obvious to combine Beri with O’Leary et al. as proposed.
Examiner respectfully disagrees and has added more details in the rejection above in order to answer applicant’s questions in their remarks. Additionally, in response to applicant's argument that modification of Beri would frustrate aspects of Beri, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). In this instance, O’Leary et al. teaches the holder in use with the holder member connected at a single position and connected at the support side, which, when modifying Beri, allows for Beri to still hold the fishing rod and reel as intended, however, now with the ability to better visually note when a strike is occurring, as an obviously known benefit before the effective filing date of the claimed invention, to allow for further distance of the user, and allow the user to not always have to directly view the holder. Further, the side of the connection would not interfere with the ability of the support leg of Beri to hold since in the modification by O’Leary et al., the brace wound not be in the way. Therefore, the prior art meets the claim limitations.
With respect to claim 11, applicant argued that O’Leary does not teach the spaced relationship when oriented at the same level. Therefore, applicant argues it would not have been obvious to combine as proposed.
Examiner respectfully disagrees. Please note there is no language in the claim as to how long the position is required to be held, therefore, a temporary or transitional moment where the spaced relationship takes place reads on the claim limitation. Therefore, the prior art reads on the claim.
With respect to claims 21 and 22, applicant argued that Beri does not teach how tilting is avoided or how a longer length would provide additional support. Therefore, applicant argues it would not have been obvious to combine Beri with O’Leary et al. as proposed.
Examiner respectfully disagrees. It would have been obvious to provide a flat surface for an item versus a rounded surface to provide a more stable environment for the item. Therefore, adjusting to a planar surface would provide more stability for the intended purpose. It is well known that providing supports at further distances along a long component such as a fishing rod and reel provides increased stability. Since the second segment and the third segments extend from opposite ends of the first segment, having the first segment longer, would provide increased stability for the item being held. Therefore, the prior art reads on the claim limitations.
Conclusion
THIS ACTION IS MADE FINAL. 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 CARLY W. LYNCH whose telephone number is (571)272-5552. The examiner can normally be reached Monday-Thursday 7:30am-5:30pm, Eastern Time, alternate Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter M Poon can be reached on 571-272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.W.L./Examiner, Art Unit 3643
/PETER M POON/Supervisory Patent Examiner, Art Unit 3643