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 19, 25, 31 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 claims 19, 25, and 31, the phrases “a hole formed through the body, the hole configured to secure fishing lures to the body” render the claims vague and indefinite since it appears that the “hole” recited in these claims is the same structure being recited as “a second hole formed in the body…the rod is configured to have at least one lure affixed thereto” and therefore claims 19, 25, and 31 appear to be redundantly claiming subject matter that was already being claimed in claims 13, 21, and 27.
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) 13-19, 21-25, 27-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bruenig 2018/0360013 in view of Solberg 9,930,876 or Lee 2010/0058641, Klaserner 1,606,240, LeHew 2016/0165868, and Adelman 8,572,887 or Glynn et al. 7,412,795.
In regard to claims 13, 19, 21, 25, 27, and 31, Bruenig discloses a fishing sidetracker, comprising: a body (12) including a first fin (one of 15) and a second fin (other of 15) spaced apart from the first fin, the first and second fins coupled to the body and configured to control a vertical position of the body in water through which the body is moving, wherein the body defines a bottom surface (bottom of 12); a keel (14) coupled with the bottom surface of the body (see Fig. 4), wherein the keel is configured to control a lateral position of the body in the water through which the body is moving, but does not disclose at least one groove formed in the bottom surface of the body, wherein the at least one groove is configured to guide a rotational position of the keel with respect to the body. Solberg and Lee disclose a body (3 OR 112); at least one groove (A-B OR 116a-b) formed in the bottom of the body; and a keel (5 OR 114) coupled to the body, wherein the at least one groove is configured to guide a position of the keel with respect to the body (see col. 1, lines 15-23 OR see para. 0070). 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 body of Bruenig such that there is at least one groove formed in the bottom surface of the body in view of Solberg or Lee in order to provide an arrangement for adjusting the orientation of the keel with respect to the body which provides designated pre-set orientations that the keel may assume so that the user is able to choose the proper orientation of the keel from the provided orientations. Bruenig and Solberg or Lee do not disclose a keel rotatably coupled with the bottom surface of the body, wherein the keel defines a protrusion, wherein the protrusion defines a height extending away from the bottom surface of the body, wherein the protrusion is configured to receive at least one screw therein, wherein the at least one groove is configured to guide a rotational position of the keel with respect the body; and at least one screw extending within the protrusion along a direction parallel to a height of the keel and orthogonal to the bottom surface of the body, wherein the keel is configured to be rotated with respect to the body between a first rotational position and a second rotational position while remaining connected to the body by the at least one screw, wherein the keel is configured to be advanced away from the body along a vertical axis while still being coupled to the body by the at least one screw and rotated about the at least one screw between the first rotational orientation and the second rotational orientation while remaining secured to the body by the at least one screw, and wherein the keel is configured to rotate 360 degrees about the at least one screw when the keel is advanced away from the body along the vertical axis while still being coupled to the body by the at least one screw. Klaserner discloses a keel (10-12 or 14-16) rotatably coupled (via screw passing through 12) to a bottom surface of the body (8), wherein the keel defines a protrusion (12 depending from bottom of 8 in Figs. 1, 6-7), wherein the protrusion defines a height (Figs. 1, 6-7) extending away from the bottom surface of the body; and at least one screw (screw passing through 12) extending within the protrusion along a direction parallel to a height of the keel and orthogonal to the bottom surface of the body (see Figs. 1, 6-7), wherein the keel is configured to be rotated with respect to the body between a first rotational position and a second rotational position while remaining connected to the body by the at least one screw (keel 10-12 can be rotated about the screw after loosening of screw allows 10-12 to be moved away from body), wherein the keel (10-12) is configured to be advanced away from the body along a vertical axis while still being coupled to the body by the at least one screw (screw passing through 12 can be unscrewed slightly from body 8 to cause keel 10-12 to be advanced downwardly away from body 8) and rotated about the at least one screw between the first rotational orientation and the second rotational orientation while remaining secured to the body by the at least one screw (when screw remains connected to body 8 after being unscrewed to allow keel 10-12 to be rotated between the first and second rotational orientations; also at lines 68- of Klaserner it is stated “The rudder is attached to the body by a screw passed through this bar and into the body so that frictional adjustment of the rudder to different angular positions is possible”), and wherein the keel is configured to rotate 360 degrees about the at least one screw when the keel is advanced away from the body along the vertical axis while still being coupled to the body by the at least one screw (the keel 10-12 may be fully rotated 360 degrees about the screw since there is no obstruction to rotation of the keel 10-12 in any direction). 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 fishing sidetracker of Bruenig and Solberg or Lee such that it comprises the keel rotatably coupled with the bottom surface of the body, wherein the keel defines a protrusion, wherein the protrusion defines a height extending away from the bottom surface of the body, wherein the at least one groove is configured to guide a rotational position of the keel with respect the body; and at least one screw extending within the protrusion along a direction parallel to a height of the keel, wherein the keel is configured to be rotated with respect to the body between a first rotational position and a second rotational position while remaining connected to the body by the at least one screw, wherein the keel is configured to be advanced away from the body along a vertical axis while still being coupled to the body by the at least one screw and rotated about the at least one screw between the first rotational orientation and the second rotational orientation while remaining secured to the body by the at least one screw, and wherein the keel is configured to rotate 360 degrees about the at least one screw when the keel is advanced away from the body along the vertical axis while still being coupled to the body by the at least one screw in view of Klaserner in order to provide the user with a mechanism to adjust the orientation of the keel with respect to the body so as to be able to adjust the lateral travel of the device through the water as it moves forward while the keel’s attachment to the bottom surface of the body is maintained so that the chances that the keel is lost from or misplaced with respect to the fishing sidetracker is minimized. Also in regard to claims 13, 21, and 27, Bruenig, Solberg or Lee, and Klaserner disclose a fishing line (16) attached to the front end of the body (12), but do not disclose a first hole formed in the body, wherein the first hole extending through the body along a central longitudinal axis of the body, wherein the first hole is configured to receive a fishing line. LeHew discloses a first hole (117,124) formed in the body (110,120), wherein the first hole extending through the body along a central longitudinal axis of the body (see Fig. 2A), wherein the first hole is configured to receive a fishing line (136,160,161) for attaching the body to the fishing rod on the fishing vessel (see para. 0023) and also to attach additional lures (additional teaser arm 136; see para. 0053) or can be used to attach an additional body to the body in tandem (see Fig. 3 of LeHew). 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 body of Bruenig, Solberg or Lee, and Klaserner such that it comprises a first hole formed in the body, wherein the first hole extending through the body along a central longitudinal axis of the body, wherein the first hole is configured to receive a fishing line in view of LeHew in order to utilize the same fishing line that is used to attach the body to the fishing rod to also attach additional fishing lures to the body or to attach another body in tandem to the body to provide the appearance of two separate schools of fish. Also in regard to claims 13, 19, 21, 25, 27, and 31, Bruenig discloses first and second rods (18,20) that extend laterally from the body (12), wherein a bait lure (26) operatively attached to ends of the rods via line (28), but do not disclose a second hole formed in the body, wherein the second hole extends through the body along a direction perpendicular to the central longitudinal axis of the body, wherein the second hole is configured to receive a rod, wherein the rod is configured to have at least one lure affixed thereto. Adelman and Glynn et al. disclose a body (14, 16, 18 OR 11, 14, 18) comprising a hole (14b, 16c, 18b OR 31) formed in the body, wherein the hole extends through the body (14, 16, 18 OR 11, 14, 18) along a direction perpendicular to the central longitudinal axis of the body (see Figs. 1, 2, 4), wherein the hole (14b, 16c, 18b OR 31) is configured to receive a rod (20 OR 13), wherein the rod is configured to have at least one lure (21 OR lures to be attached to rods 13) affixed therto (see Fig. 1 OR see col. 1, lines 27-44). 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 body of Bruenig such that it comprises a second hole formed in the body, wherein the second hole extends through the body along a direction perpendicular to the central longitudinal axis of the body, wherein the second hole is configured to receive a rod, wherein the rod is configured to have at least one lure affixed thereto in view of Adelman or Glynn et al. in order to provide an alternative configuration for the rods in securing fishing lures to the body, wherein the rods detachably extend inside the body to allow for ease in replacement of parts when damaged or requiring repair.
In regard to claims 14, 21, and 27, Bruenig, Solberg or Lee, and Klaserner disclose wherein the keel defines at least one lateral surface (10-11 of Klaserner), and wherein the protrusion (12 of Klaserner) extends from the at least one lateral surface of the keel (see Figs. 1, 6-7 of Klaserner).
In regard to claim 15, Bruenig, Solberg or Lee, and Klaserner disclose wherein the protrusion (12 of Klaserner) of the keel is configured to contact the bottom surface of the body (middle portion of 12 of Klaserner abuts against bottom of 8).
In regard to claims 16, 22, and 28, Bruenig, Solberg or Lee, and Klaserner disclose wherein the at least one groove includes a first groove (A of Solberg; 116a of Lee) and a second groove (B of Solberg; 116b of Lee) crossing the first groove (see Fig. 1 of Solberg; see Fig. 8 of Lee).
In regard to claims 17, 23, and 29, Bruenig, Solberg or Lee, and Klaserner disclose wherein the first groove and the second groove form an X-shape (see Fig. 1 of Solberg; see Fig. 8 of Lee).
In regard to claims 18, 24, and 30, Bruenig discloses wherein the body has a torpedo shape (12 in Fig. 1).
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bruenig 2018/0360013 in view of Solberg 9,930,876 or Lee 2010/0058641 and Klaserner 1,606,240 as applied to claim 13 above, and further in view of Dahl 2,883,787.
Alternatively in regard to claim 14, Bruenig, Solberg or Lee, and Klaserner disclose wherein the keel defines at least one lateral surface (lateral surfaces of 14 of Bruenig; lateral surfaces of 5 of Solberg; lateral surfaces of 14 of Lee; 10-11 of Klaserner), but do not disclose wherein the protrusion extends from the at least one lateral surface of the keel. Dahl discloses a keel (21), wherein the keel defines at least one lateral surface (planar opposed lateral surfaces of 21), and wherein the protrusion (cylindrical shaped protrusion at the left end of 21 in Fig. 3 which receives 22 therein) extends from the at least one lateral surface of the keel (see Figs. 1, 3-4). 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 keel and protrusion of Bruenig, Solberg or Lee, and Klaserner such that the protrusion extends from the at least one lateral surface of the keel in view of Dahl in order to provide a reinforced portion of the keel which can receive the length of the at least one screw therein and which provides a connection mechanism for the keel that can withstand the forces experienced by the keel at its connection to the bottom surface of the body via the at least one screw.
In regard to claim 15, Bruenig, Solberg or Lee, Klaserner, and Dahl disclose wherein the protrusion (12 of Klaserner; cylindrical shaped protrusion at the left end of 21 in Fig. 3 which receives 22 therein) of the keel is configured to contact the bottom surface of the body (middle portion of 12 of Klaserner abuts against bottom of 8; upper end of the cylindrical shaped protrusion at the left end of 21 in Fig. 3 of Dahl contacts the bottom surface of 10).
Claim(s) 21-24, 27-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bruenig 2018/0360013 in view of Solberg 9,930,876 or Lee 2010/0058641, Klaserner 1,606,240, Dahl 2,883,787, LeHew 2016/0165868, and Adelman 8,572,887 or Glynn et al. 7,412,795.
In regard to claim 21, Bruenig discloses a fishing sidetracker, comprising: a body (12) including a first fin (one of 15) and a second fin (other of 15) spaced apart from the first fin, the first and second fins coupled to the body and configured to control a vertical position of the body in water through which the body is moving, wherein the body defines a bottom surface (bottom of 12); a keel (14) coupled with the bottom surface of the body (see Fig. 4), wherein the keel is configured to control a lateral position of the body in the water through which the body is moving, but does not disclose at least one groove formed in the bottom surface of the body, wherein the at least one groove is configured to guide a rotational position of the keel with respect to the body. Solberg and Lee disclose a body (3 OR 112); at least one groove (A-B OR 116a-b) formed in the bottom of the body; and a keel (5 OR 114) coupled to the body, wherein the at least one groove is configured to guide a position of the keel with respect to the body (see col. 1, lines 15-23 OR see para. 0070). 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 body of Bruenig such that there is at least one groove formed in the bottom surface of the body in view of Solberg or Lee in order to provide an arrangement for adjusting the orientation of the keel with respect to the body which provides designated pre-set orientations that the keel may assume so that the user is able to choose the proper orientation of the keel from the provided orientations. Bruenig and Solberg or Lee do not disclose the keel rotatably coupled with the bottom surface of the body, wherein the keel defines a protrusion, wherein the protrusion defines a height extending away from the bottom surface of the body, wherein the protrusion is configured to receive at least one screw therein; and at least one screw extending within the protrusion along a direction parallel to a height of the keel, wherein the keel is configured to be rotated with respect to the body between a first rotational position and a second rotational position while remaining connected to the body by the at least one screw, but does not disclose a keel rotatably coupled with the bottom surface of the body, wherein the keel defines a protrusion, wherein the protrusion defines a height extending away from the bottom surface of the body, wherein the protrusion is configured to receive at least one screw therein, wherein the at least one groove is configured to guide a rotational position of the keel with respect the body; and at least one screw extending within the protrusion along a direction parallel to a height of the keel, wherein the keel is configured to be rotated with respect to the body between a first rotational position and a second rotational position while remaining connected to the body by the at least one screw. Klaserner discloses a keel (10-12 or 14-16) rotatably coupled (via screw passing through 12) to a bottom surface of the body (8), wherein the keel defines a protrusion (12 depending from bottom of 8 in Figs. 1, 6-7), wherein the protrusion defines a height (Figs. 1, 6-7) extending away from the bottom surface of the body, wherein the protrusion is configured to receive at least one screw (screw passing through 12) therein; and at least one screw (screw passing through 12) extending within the protrusion along a direction parallel to a height of the keel (see Figs. 1, 6-7), wherein the keel is configured to be rotated with respect to the body between a first rotational position and a second rotational position while remaining connected to the body by the at least one screw (keel 10-12 can be rotated about the screw after loosening of screw allows 10-12 to be moved away from body). 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 fishing sidetracker of Bruenig and Solberg or Lee such that it comprises the keel rotatably coupled with the bottom surface of the body, wherein the keel defines a protrusion, wherein the protrusion defines a height extending away from the bottom surface of the body, wherein the protrusion is configured to receive at least one screw therein, wherein the at least one groove is configured to guide a rotational position of the keel with respect the body; and at least one screw extending within the protrusion along a direction parallel to a height of the keel, wherein the keel is configured to be rotated with respect to the body between a first rotational position and a second rotational position while remaining connected to the body by the at least one screw in view of Klaserner in order to provide the user with a mechanism to adjust the orientation of the keel with respect to the body so as to be able to adjust the lateral travel of the device through the water as it moves forward while the keel’s attachment to the bottom surface of the body is maintained so that the chances that the keel is lost from or misplaced with respect to the fishing sidetracker is minimized. Alternatively Bruenig, Solberg or Lee, and Klaserner disclose the keel having at least one lateral surface (lateral surfaces of 14 of Bruenig; lateral surfaces of 5 of Solberg; lateral surfaces of 14 of Lee; 10-11 of Klaserner), but do not disclose wherein the protrusion has a height extending along the at least one lateral surface of the keel or the protrusion extending from the at least one lateral surface. Dahl discloses a keel (21), wherein the keel defines at least one lateral surface (planar opposed lateral surfaces of 21), and wherein the protrusion (cylindrical shaped protrusion at the left end of 21 in Fig. 3 which receives 22 therein) has a height extending along the at least one lateral surface of the keel and the protrusion extending from the at least one lateral surface (see Figs. 1, 3-4). 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 keel and protrusion of Bruenig, Solberg or Lee, and Klaserner such that the protrusion has a height extending along the at least one lateral surface of the keel and the protrusion extending from the at least one lateral surface in view of Dahl in order to provide a reinforced portion of the keel which can receive the length of the at least one screw therein and which provides a connection mechanism for the keel that can withstand the forces experienced by the keel at its connection to the bottom surface of the body via the at least one screw. Also in regard to claim 21, Bruenig, Solberg or Lee, and Klaserner disclose a fishing line (16) attached to the front end of the body (12), but do not disclose a first hole formed in the body, wherein the first hole extending through the body along a central longitudinal axis of the body, wherein the first hole is configured to receive a fishing line. LeHew discloses a first hole (117,124) formed in the body (110,120), wherein the first hole extending through the body along a central longitudinal axis of the body (see Fig. 2A), wherein the first hole is configured to receive a fishing line (136,160,161) for attaching the body to the fishing rod on the fishing vessel (see para. 0023) and also to attach additional lures (additional teaser arm 136; see para. 0053) or can be used to attach an additional body to the body in tandem (see Fig. 3 of LeHew). 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 body of Bruenig, Solberg or Lee, and Klaserner such that it comprises a first hole formed in the body, wherein the first hole extending through the body along a central longitudinal axis of the body, wherein the first hole is configured to receive a fishing line in view of LeHew in order to utilize the same fishing line that is used to attach the body to the fishing rod to also attach additional fishing lures to the body or to attach another body in tandem to the body to provide the appearance of two separate schools of fish. Also in regard to claims 21 and 25, Bruenig discloses first and second rods (18,20) that extend laterally from the body (12), wherein a bait lure (26) operatively attached to ends of the rods via line (28), but do not disclose a second hole formed in the body, wherein the second hole extends through the body along a direction perpendicular to the central longitudinal axis of the body, wherein the second hole is configured to receive a rod, wherein the rod is configured to have at least one lure affixed thereto. Adelman and Glynn et al. disclose a body (14, 16, 18 OR 11, 14, 18) comprising a hole (14b, 16c, 18b OR 31) formed in the body, wherein the hole extends through the body (14, 16, 18 OR 11, 14, 18) along a direction perpendicular to the central longitudinal axis of the body (see Figs. 1, 2, 4), wherein the hole (14b, 16c, 18b OR 31) is configured to receive a rod (20 OR 13), wherein the rod is configured to have at least one lure (21 OR lures to be attached to rods 13) affixed therto (see Fig. 1 OR see col. 1, lines 27-44). 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 body of Bruenig such that it comprises a second hole formed in the body, wherein the second hole extends through the body along a direction perpendicular to the central longitudinal axis of the body, wherein the second hole is configured to receive a rod, wherein the rod is configured to have at least one lure affixed thereto in view of Adelman or Glynn et al. in order to provide an alternative configuration for the rods in securing fishing lures to the body, wherein the rods detachably extend inside the body to allow for ease in replacement of parts when damaged or requiring repair.
In regard to claims 22 and 28, Bruenig, Solberg or Lee, Klaserner, and Dahl disclose wherein the at least one groove includes a first groove (A of Solberg; 116a of Lee) and a second groove (B of Solberg; 116b of Lee) crossing the first groove (see Fig. 1 of Solberg; see Fig. 8 of Lee).
In regard to claims 23 and 29, Bruenig, Solberg or Lee, Klaserner, and Dahl disclose wherein the first groove and the second groove form an X-shape (see Fig. 1 of Solberg; see Fig. 8 of Lee).
In regard to claims 24 and 30, Bruenig discloses wherein the body has a torpedo shape (12 in Fig. 1).
In regard to claim 27, Bruenig discloses a fishing sidetracker, comprising: a body (12) including a first fin (one of 15) and a second fin (other of 15) spaced apart from the first fin, the first and second fins coupled to the body and configured to control a vertical position of the body in water through which the body is moving, wherein the body defines a bottom surface (bottom of 12); a keel (14) coupled with the bottom surface of the body (see Fig. 4), wherein the keel is configured to control a lateral position of the body in the water through which the body is moving, but does not disclose at least one groove formed in the bottom surface of the body, wherein the at least one groove is configured to guide a rotational position of the keel with respect to the body. Solberg and Lee disclose a body (3 OR 112); at least one groove (A-B OR 116a-b) formed in the bottom of the body; and a keel (5 OR 114) coupled to the body, wherein the at least one groove is configured to guide a position of the keel with respect to the body (see col. 1, lines 15-23 OR see para. 0070). 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 body of Bruenig such that there is at least one groove formed in the bottom surface of the body in view of Solberg or Lee in order to provide an arrangement for adjusting the orientation of the keel with respect to the body which provides designated pre-set orientations that the keel may assume so that the user is able to choose the proper orientation of the keel from the provided orientations. Bruenig and Solberg or Lee do not disclose the keel rotatably coupled with the bottom surface of the body, wherein the keel defines a protrusion, wherein the protrusion defines a height extending away from the bottom surface of the body, wherein the protrusion is configured to receive at least one screw therein; and at least one screw extending within the protrusion along a direction parallel to a height of the keel, wherein the keel is configured to be rotated with respect to the body between a first rotational position and a second rotational position while remaining connected to the body by the at least one screw, but does not disclose a keel rotatably coupled with the bottom surface of the body, wherein the keel defines a protrusion, wherein the protrusion defines a height extending away from the bottom surface of the body, wherein the protrusion is configured to receive at least one screw therein, wherein the at least one groove is configured to guide a rotational position of the keel with respect the body; and at least one screw extending within the protrusion along a direction parallel to a height of the keel and orthogonal to the bottom surface of the body, wherein the keel is configured to be rotated with respect to the body between a first rotational position and a second rotational position while remaining connected to the body by the at least one screw. Klaserner discloses a keel (10-12 or 14-16) rotatably coupled (via screw passing through 12) to a bottom surface of the body (8), wherein the keel defines a protrusion (12 depending from bottom of 8 in Figs. 1, 6-7), wherein the protrusion defines a height (Figs. 1, 6-7) extending away from the bottom surface of the body, wherein the protrusion is configured to receive at least one screw (screw passing through 12) therein; and at least one screw (screw passing through 12) extending within the protrusion along a direction parallel to a height of the keel and orthogonal to the bottom surface of the body (see Figs. 1, 6-7), wherein the keel is configured to be rotated with respect to the body between a first rotational position and a second rotational position while remaining connected to the body by the at least one screw (keel 10-12 can be rotated about the screw after loosening of screw allows 10-12 to be moved away from body). 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 fishing sidetracker of Bruenig and Solberg or Lee such that it comprises the keel rotatably coupled with the bottom surface of the body, wherein the keel defines a protrusion, wherein the protrusion defines a height extending away from the bottom surface of the body, wherein the protrusion is configured to receive at least one screw therein, wherein the at least one groove is configured to guide a rotational position of the keel with respect the body; and at least one screw extending within the protrusion along a direction parallel to a height of the keel, wherein the keel is configured to be rotated with respect to the body between a first rotational position and a second rotational position while remaining connected to the body by the at least one screw in view of Klaserner in order to provide the user with a mechanism to adjust the orientation of the keel with respect to the body so as to be able to adjust the lateral travel of the device through the water as it moves forward while the keel’s attachment to the bottom surface of the body is maintained so that the chances that the keel is lost from or misplaced with respect to the fishing sidetracker is minimized. Alternatively in regard to claim 27, Bruenig, Solberg or Lee, and Klaserner disclose wherein the keel defines at least one lateral surface (lateral surfaces of 14 of Bruenig; lateral surfaces of 5 of Solberg; lateral surfaces of 14 of Lee; 10-11 of Klaserner), but do not disclose wherein the protrusion extends from the at least one lateral surface of the keel. Dahl discloses a keel (21), wherein the keel defines at least one lateral surface (planar opposed lateral surfaces of 21), and wherein the protrusion (cylindrical shaped protrusion at the left end of 21 in Fig. 3 which receives 22 therein) extends from the at least one lateral surface of the keel (see Figs. 1, 3-4). 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 keel and protrusion of Bruenig, Solberg or Lee, and Klaserner such that the protrusion extends from the at least one lateral surface of the keel in view of Dahl in order to provide a reinforced portion of the keel which can receive the length of the at least one screw therein and which provides a connection mechanism for the keel that can withstand the forces experienced by the keel at its connection to the bottom surface of the body via the at least one screw. Also in regard to claim 27, Bruenig, Solberg or Lee, and Klaserner disclose a fishing line (16) attached to the front end of the body (12), but do not disclose a first hole formed in the body, wherein the first hole extending through the body along a central longitudinal axis of the body, wherein the first hole is configured to receive a fishing line. LeHew discloses a first hole (117,124) formed in the body (110,120), wherein the first hole extending through the body along a central longitudinal axis of the body (see Fig. 2A), wherein the first hole is configured to receive a fishing line (136,160,161) for attaching the body to the fishing rod on the fishing vessel (see para. 0023) and also to attach additional lures (additional teaser arm 136; see para. 0053) or can be used to attach an additional body to the body in tandem (see Fig. 3 of LeHew). 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 body of Bruenig, Solberg or Lee, and Klaserner such that it comprises a first hole formed in the body, wherein the first hole extending through the body along a central longitudinal axis of the body, wherein the first hole is configured to receive a fishing line in view of LeHew in order to utilize the same fishing line that is used to attach the body to the fishing rod to also attach additional fishing lures to the body or to attach another body in tandem to the body to provide the appearance of two separate schools of fish. Also in regard to claims 27 and 31, Bruenig discloses first and second rods (18,20) that extend laterally from the body (12), wherein a bait lure (26) operatively attached to ends of the rods via line (28), but do not disclose a second hole formed in the body, wherein the second hole extends through the body along a direction perpendicular to the central longitudinal axis of the body, wherein the second hole is configured to receive a rod, wherein the rod is configured to have at least one lure affixed thereto. Adelman and Glynn et al. disclose a body (14, 16, 18 OR 11, 14, 18) comprising a hole (14b, 16c, 18b OR 31) formed in the body, wherein the hole extends through the body (14, 16, 18 OR 11, 14, 18) along a direction perpendicular to the central longitudinal axis of the body (see Figs. 1, 2, 4), wherein the hole (14b, 16c, 18b OR 31) is configured to receive a rod (20 OR 13), wherein the rod is configured to have at least one lure (21 OR lures to be attached to rods 13) affixed therto (see Fig. 1 OR see col. 1, lines 27-44). 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 body of Bruenig such that it comprises a second hole formed in the body, wherein the second hole extends through the body along a direction perpendicular to the central longitudinal axis of the body, wherein the second hole is configured to receive a rod, wherein the rod is configured to have at least one lure affixed thereto in view of Adelman or Glynn et al. in order to provide an alternative configuration for the rods in securing fishing lures to the body, wherein the rods detachably extend inside the body to allow for ease in replacement of parts when damaged or requiring repair.
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/DARREN W ARK/Primary Examiner, Art Unit 3647
DWA