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 .
Election/Restrictions
Applicant’s election without traverse of Group I and Species II in the reply filed on 07/01/2024 is acknowledged.
No claims are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group and Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/01/2024.
Terminal Disclaimer
The terminal disclaimer filed on 07/24/2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent Number 12,137,678 has been reviewed and is accepted. The terminal disclaimer has been recorded.
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, 8-12, 18, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tufts 418,995 in view of Rosenbloom et al. 8,950,107 and Craig 2014/0150327.
In regard to claim 1, Tufts discloses a fishing accessory assembly comprising: a first hemisphere (B) defining an inner surface (d or E which can be used in the embodiment of Fig. 8) and a substantially ovular outer surface (see Fig. 8), the first hemisphere made of a compressible material (body of less specific gravity than is required in a sinker by substituting cork, wood, celluloid, or any other light material for metal, an excellent float can be made [see page 2, lines 30-36] and also E made from soft rubber or elastic material [see page 1, lines 80-86]); a second hemisphere (B’) defining a substantially ovular outer surface (see Fig. 8), the second hemisphere made of the compressible material (body of less specific gravity than is required in a sinker by substituting cork, wood, celluloid, or any other light material for metal, an excellent float can be made [see page 2, lines 30-36] and also E made from soft rubber or elastic material [see page 1, lines 80-86]); and a screw assembly configured to hold a fishing line (F), the screw assembly including: a single, centrally-located screw (c) arranged on one of the first hemisphere, the screw including a shaft (shaft of c); and a single, centrally-located nut (d’) configured to rotationally engage with the screw, the nut arranged on the second hemisphere; wherein the screw (c) and the nut (d’) are configured to hold the fishing line therebetween in place and prevent slip or movement on the line (opposing faces dd of B,B’ are concaved in order to better impinge upon the line and when screw c and nut d’ are tightened together, then the slip or movement of line relative to B,B’ is prevented) when the screw and the nut are threadably engaged (see Fig. 8); wherein the screw and the nut are arranged at the central regions of the first and second hemispheres such that the first and second hemispheres can counter-rotate about one another to threadably engage the screw and the nut (see Fig. 8), thereby causing the first hemisphere and the second hemisphere to compress (opposing d compress together when screw c and nut d’ are tightened, such as when a body of less specific gravity than is required in a sinker by substituting cork, wood, celluloid, or any other light material for metal, an excellent float can be made [see page 2, lines 30-36]) against one another (see Fig. 8), providing a friction fit between the first hemisphere and the second hemisphere to prevent counter-rotation of the nut relative to the screw (friction between abutting surfaces of d provides friction that prevents rotation therebetween, when the body of less specific gravity than is required in a sinker by substituting cork, wood, celluloid, or any other light material for metal to make a float), and wherein the inner surface (d of B) defined by the first hemisphere includes a perimeter portion (portion of d that extends inwardly from the outermost edge of d in Fig. 8) made of the compressible material (body of less specific gravity than is required in a sinker by substituting cork, wood, celluloid, or any other light material for metal, an excellent float can be made [see page 2, lines 30-36]) extending inwardly from an edge of the inner surface (outermost edge of d in Fig. 8) defined by the first hemisphere (B); and a recessed central portion (portion of d of B that is around c; there is no claim language presently reciting a clear demarcation/differentiation so as to assuredly and absolutely distinguish the perimeter portion from the recessed central portion), wherein the recessed central portion (portion of d of B that is around c) is recessed inwardly away from the perimeter portion (portion of d that extends inwardly from the outermost edge of d in Fig. 8; the portion of d of B that is around c is recessed furthest into first hemisphere B in Fig. 8) into the first hemisphere (B in Fig. 8; the portion of d of B that is around c is recessed inwardly away from the perimeter portion), but does not disclose the single, centrally located split screw. Rosenbloom et al. disclose wherein the male screw coupling component (112b-c) is a split screw (via 112d) for receiving the line (80) therein (see col. 10, lines 38-51), and wherein the split screw (via 112d) and nut (114, 114a) are configured to hold the fishing line therebetween in place and prevent slip or movement by fitting tightly on the line when the split screw and the nut are threadably engaged (see col. 10, lines 38-51). 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 single, centrally located screw of Tufts such that it is a split screw in view of Rosenbloom et al. in order to provide means for properly receiving the fishing line between the screw and nut which captures the fishing line therebetween so that it is not able to escape therefrom so as to reliably present the hook or bait at the desired depth within the water column. Tufts and Rosenbloom et al. do not disclose the single, centrally-located split screw arranged in a gap in one of the first hemisphere and the single, centrally-located nut arranged in a gap in the second hemisphere, the split screw including a base and a shaft, or the recessed central portion defined at least in part by an exposed face of the base of the split screw. Craig discloses top and bottom float portions (110) which are two half pieces of a single float and which are made of compressible foam (see para. 0049), wherein the centrally located male coupling component (middle 115 in Figs. 1, 3 of lower half portion 110) is arranged inside a gap (corresponding middle 125 of lower half portion 110 in Figs. 1, 3) in the bottom float portion (lower half portion 110 in Figs. 1, 3) and wherein the centrally located female coupling component (middle 120 in Figs. 1, 3) is arranged in a gap (corresponding middle 125 of upper half portion 110 in Figs. 1, 3) in the top float portion (upper half portion 110 in Figs. 1, 3); the male coupling component comprising a base (frustoconical shaped portion of 115 in Figs. 1, 3) and a shaft (shaft portion of 115 extending upwardly from the frustoconical shaped portion), wherein the inner surface of the bottom float portion (upper face of lower 110 in Fig. 3) is defined at least in part by an exposed face of the base of the male coupling component (115; the round top surface of the frustoconical shaped portion shown in Fig. 1 is exposed as shown in Fig. 3). 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 single, centrally-located split screw and the single, centrally-located nut of Tufts and Rosenbloom et al. such that the split screw is arranged in a gap in the first hemisphere and the nut is arranged in a gap in the second hemispheres and to modify the recessed central portion of the first hemisphere of Tufts such that it is defined at least in part by an exposed face of the base of the split screw in view of Craig in order to properly secure the split screw and nut respectively to the first and second hemispheres when the split screw and nut are made from different materials than the top and bottom hemispheres and to cause the base of the split screw to be congruent with the recessed central portion at the exposed face of the base of the split screw so as to prevent any potential snagging or fraying of the line due to contact with the exposed face of the base of the split screw.
In regard to claim 3, Tufts and Rosenbloom et al. disclose wherein the split screw includes an angled lead portion (distal end of c has threads which are angled relative to the axis of c of Tufts; see tapered free end of shaft 112b of Rosenbloom et al.).
In regard to claim 4, Tufts discloses wherein the recessed inner surface (d) of the bottom hemisphere (B’) is concave (see Fig. 8).
In regard to claim 5, Tufts and Rosenbloom et al. disclose wherein the first hemisphere (B) and second hemisphere (B’) can move away from each other by unscrewing the split screw (112d of Rosenbloom et al.) from the nut (unscrewing of threads on stem c & threaded socket d’ from each other in Tufts).
In regard to claim 6, Tufts discloses wherein when the top hemisphere (B) and the bottom hemisphere (B’) compress against one another, the inner surface of the top hemisphere (E of B) and the recessed inner surface of the bottom hemisphere (E of B’) are flush with one another but for a gap (there is a gap present at the inner end of d’ if c is not fully screwed into d’ when E are installed between B, B’ OR c’ in Fig. 3 of Tufts) adjacent to the top hemisphere (B).
In regard to claim 8, Tufts and Craig disclose wherein the gap (125 of Craig) of the first hemisphere (B of Tufts; upper half portion 110 of Craig) and the gap of the second hemisphere (B’ of Tufts; lower half portion 110 of Craig) each define a cavity (125).
In regard to claim 9, Tufts and Craig disclose wherein the compressible material that the first hemisphere (B of Tufts; upper half portion 110 of Craig) and second (B’ of Tufts; lower half portion 110 of Craig) hemispheres are made of comprises a compressible foam (body of less specific gravity than is required in a sinker by substituting cork, wood, celluloid, or any other light material for metal, an excellent float can be made [see page 2, lines 30-36 of Tufts]; see para. 0049 of Craig).
In regard to claim 10, Tufts and Craig disclose wherein the compressible material that the first (B of Tufts; upper half portion 110 of Craig) and second (B’ of Tufts; lower half portion 110 of Craig) hemispheres are made of comprises low density materials including wood, cork, plastic, or a combination of low density materials (wood/cork of Tufts; foam, wood, cork, plastic of Craig).
In regard to claim 11, Tufts and Craig disclose wherein the screw assembly is set back (d’ is set back inside of B’ of Tufts; 120 of Craig) into the second hemisphere (B’ of Tufts; upper 110 of Craig in Fig. 3) and is adjustable (threaded engagement between c & d allow for adjustment in Tufts; degree to which 120 is embedded into 125 of upper 100 in Fig. 3 would allow adjustment as to how closely fitted both halves 110 are together), and wherein a degree to which the screw assembly is set back into the second hemisphere changes a grip of the fishing accessory on the fishing line (the deeper that 120 of Craig is embedded into 125 causes both halves 110 to be more closely engaged to tightly hold the line within 135, the shallower that 120 of Craig is embedded into 125 causes both halves 110 to be spaced apart to lightly hold the line within 135).
In regard to claim 12, Tufts discloses wherein the first and second hemispheres can frictionally lock around the fishing line at a range of diameters (the degree to which B, B’ are screwed together will determine the size of the fishing line that can be received therebetween).
In regard to claim 18, Tufts discloses wherein the substantially ovular outer surface of the first hemisphere (B) is substantially hemispherical (see Figs. 1-4), and wherein the substantially ovular outer surface of the second hemisphere (B’) is substantially hemispherical (see Figs. 1-4).
In regard to claim 19, Tufts discloses a fishing accessory assembly comprising: a first hemisphere (B in Fig. 8) defining an inner surface (d or E which can be used in the embodiment of Fig. 8) and a substantially ovular outer surface (see Fig. 8), the first hemisphere (B) made of a compressible material (body of less specific gravity than is required in a sinker by substituting cork, wood, celluloid, or any other light material for metal, an excellent float can be made [see page 2, lines 30-36] and also E made from soft rubber or elastic material [see page 1, lines 80-86]); a second hemisphere (B’) defining an inner surface (d or E which can be used in the embodiment of Fig. 8) and a substantially ovular outer surface (see Fig. 8), the second hemisphere (B’) made of the compressible material (body of less specific gravity than is required in a sinker by substituting cork, wood, celluloid, or any other light material for metal, an excellent float can be made [see page 2, lines 30-36] and also E made from soft rubber or elastic material [see page 1, lines 80-86]); and a screw assembly configured to hold a fishing line, the screw assembly including: a single, centrally-located screw (c) on the first hemisphere (B); and a single, centrally-located nut (d’) configured to rotationally engage with the screw, the nut arranged on the second hemisphere (B’); wherein the screw (c) and the nut (d’) are configured to hold the fishing line therebetween in place and prevent slip or movement by fitting tightly on the line when the split screw and the nut are threadably engaged (opposing faces dd of B,B’ are concaved in order to better impinge upon the line and when screw c and nut d’ are tightened together, then the slip or movement of line relative to B,B’ is prevented); wherein the screw (c) and the nut (d’) are arranged at central regions of the first hemisphere and the second hemisphere such that the first hemisphere and the second hemisphere can counter-rotate about one another to threadably engage the screw and the nut (see Fig. 8), thereby causing the first hemisphere and the second hemisphere to compress (opposing d compress together when screw c and nut d’ are tightened, such as when a body of less specific gravity than is required in a sinker by substituting cork, wood, celluloid, or any other light material for metal, an excellent float can be made [see page 2, lines 30-36]) against one another (see Fig. 8), providing a friction fit between the first hemisphere and the second hemisphere to prevent counter-rotation of the nut relative to the split screw (friction between abutting surfaces of d provides friction that prevents rotation therebetween, when the body of less specific gravity than is required in a sinker by substituting cork, wood, celluloid, or any other light material for metal to make a float), and wherein the inner surface (d) defined by the second hemisphere (B’) includes: a perimeter portion (portion of d that extends inwardly from the outermost edge of d in Fig. 8) made of the compressible material (body of less specific gravity than is required in a sinker by substituting cork, wood, celluloid, or any other light material for metal, an excellent float can be made [see page 2, lines 30-36]) extending inwardly from an edge of the inner surface (outermost edge of d in Fig. 8) defined by the second hemisphere (B’); and a recessed central portion (portion of d of B’ that is around d’; there is no claim language presently reciting a clear demarcation/differentiation so as to assuredly and absolutely distinguish the perimeter portion from the recessed central portion), wherein the recessed central portion (portion of d of B’ that is around d’) is recessed inwardly away from the perimeter portion (portion of d that extends inwardly from the outermost edge of d in Fig. 8; the portion of d of B’ that is around d’ is recessed furthest into second hemisphere B’ in Fig. 8) into the second hemisphere (B’ in Fig. 8; the portion of d of B’ that is around d’ is recessed inwardly away from the perimeter portion), but does not disclose the single, centrally located split screw. Rosenbloom et al. disclose wherein the male screw coupling component (112b-c) is a split screw (via 112d) for receiving the line (80) therein (see col. 10, lines 38-51), and wherein the split screw (via 112d) and nut (114, 114a) are configured to hold the fishing line therebetween in place and prevent slip or movement by fitting tightly on the line when the split screw and the nut are threadably engaged (see col. 10, lines 38-51). 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 single, centrally located screw of Tufts such that it is a split screw in view of Rosenbloom et al. in order to provide means for properly receiving the fishing line between the screw and nut which captures the fishing line therebetween so that it is not able to escape therefrom so as to reliably present the hook or bait at the desired depth within the water column. Tufts and Rosenbloom et al. do not disclose the single, centrally-located split screw arranged in a gap in one of the first hemisphere and the single, centrally-located nut arranged in a gap in the second hemisphere or the recessed central portion defined at least in part by an exposed face of the base of the nut. Craig discloses top and bottom float portions (110) which are two half pieces of a single float and which are made of compressible foam (see para. 0049), wherein the centrally located male coupling component (middle 115 in Figs. 1, 3 of lower half portion 110) is arranged inside a gap (corresponding middle 125 of lower half portion 110 in Figs. 1, 3) in the bottom float portion (lower half portion 110 in Figs. 1, 3) and wherein the centrally located female coupling component (middle 120 in Figs. 1, 3) is arranged in a gap (corresponding middle 125 of upper half portion 110 in Figs. 1, 3) in the top float portion (upper half portion 110 in Figs. 1, 3); wherein the inner surface of the top float portion (lower face of upper 110 in Fig. 3) is defined at least in part by an exposed face of the female coupling component (120; the round top surfaces of the frustoconical shaped portions of 120 shown in the rightmost row of 120 in Fig. 1, where the lowermost round surfaces of the frustoconical portions of 120 are exposed at the bottom surface of upper 110 as shown in Fig. 3). 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 single, centrally-located split screw and the single, centrally-located nut of Tufts and Rosenbloom et al. such that the split screw is arranged in a gap in the first hemisphere and the nut is arranged in a gap in the second hemispheres and to modify the recessed central portion of the second hemisphere of Tufts such that it is defined at least in part by an exposed face of the nut in view of Craig in order to properly secure the split screw and nut respectively to the first and second hemispheres when the split screw and nut are made from different materials than the top and bottom hemispheres and to cause the discrete nut to be congruent with the recessed central portion at the exposed face of the base of the split screw so as to prevent any potential snagging or fraying of the line due to contact with the exposed face of the base of the split screw.
Response to Arguments
Applicant's arguments filed 02/19/2026 have been fully considered but they are not persuasive.
In regard to applicant’s argument that “The Office Action relies on Tufts…inner surfaces of the hemispheres of the sinker are either entirely flat, see Tufts at FIG. 3, or entirely curved, see Tufts at FIG. 8. Tufts does not describe an inner surface of any of the hemispheres having both a perimeter portion extending inwardly from an edge of the inner surface and a recessed central portion.”, the Examiner contends that there is no line of demarcation being described in the claims or any specific language reciting the change in contour from the perimeter portion to the recessed central portion as shown in applicant’s Figure 8A. The perimeter portion, as being recited in claims 1 and 19 respectively, is merely required to extend inwardly from an edge of the inner surface defined by the first or second hemisphere and that such edge represents the outermost edge of the inner surface. It is clearly illustrated in Figure 8 of Tufts that the recessed central portions (describing the innermost/centralmost surfaces of d about c and d’ respectively) of the first B and second B’ hemisphere are in fact recessed inwardly away from the perimeter portion of either the first B or second B’ hemisphere due to the curvature of the surfaces d toward the centers of the hemispheres B, B’ as shown in Figure 8, wherein the recessed central portions represent the deepest and most inwardly located structures in the respective hemispheres B, B’ in Figure 8 of Tufts.
In regard to applicant’s statement that “To further clarify the differentiation between the perimeter portion and the recessed central portion, the claims are amended to clarify that “the recessed central portion is recessed inwardly away from the perimeter portion into the first hemisphere”, the Examiner contends that such amended language fails to further define the present invention in a manner which clearly overcomes the Examiner’s broad, yet reasonable interpretation of Tufts. Applicant’s perimeter portion appears to either have a larger radius of curvature than the recessed central portion or is generally flat in Figure 8 and the recessed central portion appears to have a smaller radius of curvature than the perimeter portion. Applicant’s arguments maintain that the limitations directed to the “perimeter portion” and “recessed central portion” in claims 1 and 19 are sufficient to differentiate the perimeter portion from the recessed central portion, but applicant’s amendments to claims 1 and 19 have failed to particularly distinguish the perimeter portion from the recessed central portion of the present invention in a manner which overcomes Tufts.
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 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