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 8 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.
In claim 8, Applicant provides that the fastener is hook and loop, but in claim 1, Applicant has amended the claims to provide magnetically secured. Applicant has failed to make clear Applicant’s intent of the fastener and the material.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 3, 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fruscella (US 3874573 A) in view of Barringer (US 2709544 A) and Fuchsius (US 9861088 B1) and Folker (US 2599099 A).
Fruscella discloses:
1. A fly fishing system (figs 1-4) comprising: a body (A) comprised of a body opening (any opening in body such as adjacent 14s); a fly reel (reel in col. 3: 49-65); a fastener (similar to the above elements, adjacent element 18); and a fly fishing rod comprised of a first rod opening and a rod second opening (D with openings with device that permit the different features of the rod to attach); with the exception of the following which is disclosed by Barringer: a support member secured to the body (adjacent 70). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Fruscella in view of Barringer (by providing the above tubular support) in order to provide more secure support for the intended contents of which will stabilize the device and permit the device to function more easily. The Combined Reference discloses the claimed invention above with the exception of the following which is disclosed by Fuchsius: magnetically secured (adjacent 102). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the Combined Reference in view of Fuchsius (by provided magnetic attachment) in order to provide the means to allow the device to be removed easily such as to replace damage parts or to clean or to provide the means to provide a different member based on the type of different contents desired. The Combined Reference discloses the claimed invention above with the exception of the following which is disclosed by Folker: a recessed area that is circular in the body configured to retain the reel (Folker discloses the concept of providing the above area adjacent 24 for a reel). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the Combined Reference in view of Folker (by providing the above concept of recessed support area for a reel and providing the above at the location within the body to support a reel; the Office further notes that the base preference provides that multiple reels exist such as by stating “Additional loops may be provided in base plate 12 for different types of reels”) in order to provide support for the reel to further enhance the device through protecting the elements while also permitting usage.
The Combined Reference discloses:
3. A fly fishing system of claim 1, wherein the fly reel is suspended from the support member (Fruscella col. 3: 49-65).
7. A fly fishing system of claim 1, wherein the fly fishing rod is comprised of a grip area (Fruscella as in fig 4 handle potion)
Claim(s) 4, 5, 6, 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over the Combined Reference as applied to claim 1 above, and further in view of Applicant’s Admitted Prior Art (AAPA).
Applicant has not traversed Examiner’s assertion of Official Notice, the fact that is it well known to provide a rod that telescopes with a telescopic body, provide a rod that locks with a locking member, to provide a rod with eyelet, and to provide hook and loop is taken to be admitted prior art. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made in view of Applicant's admitted prior art to provide the above in order to provide a rod that telescopes in order to enhance the fishing capability by extending as well as for storage purposes, to provide a rod that locks in order to enhance the fishing capability by locking the telescoping movement in place and preventing movement, to provide a rod with eyelet in order to enhance the fishing capability in order to serve as a guide for the elements, and to provide well known features that enhance the securement of the elements to one another.
Claim(s) 9, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fruscella (US 3874573 A) in view of Barringer (US 2709544 A) and Folker (US 2599099 A).
Fruscella discloses:
9. A fly fishing system comprising: a body comprised of a body opening and a body fastener; a fly reel comprised of a fishing line; a fastener; and a telescopic fly fishing rod comprised of a first rod opening and a rod second opening, and wherein the fly reel is suspended (as in claim 1, 3, 4 with fishing line 40); with the exception of the following which is disclosed by Barringer: a tubular support member secured to the body (adjacent 70). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Fruscella in view of Barringer (by providing the above tubular support) in order to provide more secure support for the intended contents of which will stabilize the device and permit the device to function more easily. The Combined Reference discloses the claimed invention above with the exception of the following which is disclosed by Folker: a recessed area that is circular in the body configured to retain the reel (Folker discloses the concept of providing the above area adjacent 24 for a reel). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the Combined Reference in view of Folker (by providing the above concept of recessed support area for a reel and providing the above at the location within the body to support a reel; the Office further notes that the base preference provides that multiple reels exist such as by stating “Additional loops may be provided in base plate 12 for different types of reels”) in order to provide support for the reel to further enhance the device through protecting the elements while also permitting usage.
Fruscella discloses:
16. A fly fishing system of claim 1/9, wherein the fly fishing rod is comprised of a grip area (as in fig 4 handle potion).
Claim(s) 12, 13, 14, 15, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over the Combined Reference as applied to claim 9 above, and further in view of Applicant’s Admitted Prior Art (AAPA).
Applicant has not traversed Examiner’s assertion of Official Notice, the fact that is it well known to provide a rod that telescopes with a telescopic body, provide a rod that locks with a locking member, to provide a rod with eyelet, and to provide hook and loop and snap fastener is taken to be admitted prior art. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made in view of Applicant's admitted prior art to provide the above in order to provide a rod that telescopes in order to enhance the fishing capability by extending as well as for storage purposes, to provide a rod that locks in order to enhance the fishing capability by locking the telescoping movement in place and preventing movement, to provide a rod with eyelet in order to enhance the fishing capability in order to serve as a guide for the elements, and to provide well known features that enhance the securement of the elements to one another.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over the Combined Reference as applied to claim 9 above, and further in view of Smith (US 5046279 A).
The Combined Reference discloses the claimed invention above with the exception of the following which is disclosed by Smith: wherein the body fastener receives the support member (12 adjacent 32 in fig 2). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the Combined Reference in view of Smith (by providing an additional support member that fits within a fastener) in order to enhance the attachment of the rod to the device.
Response to Arguments
Applicant's arguments with respect to the claims have been considered but are moot because in view of the amendment the search has been updated and a new rejection has been made.
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 ANDREW D PERREAULT whose telephone number is (571)270-5427. The examiner can normally be reached Monday - Friday 7:00am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (571)272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW D PERREAULT/Primary Examiner, Art Unit 3735