DETAILED ACTION
This is a first action on the merits of application 18487349.
Claims 1-10 are pending.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102a as being anticipated by McDaniel US 2729016.
Claim 1, McDaniel discloses an accessory attachment to a gunnel or rail 55 of a boat (column 3, lines 59-63), comprising a planar platform 12 and a first panel 13 extending perpendicular to the platform 12. Second panel 14 also extending perpendicular to the panel and parallel to the first panel (Figure 2, column 1, lines 63-68). A gap between the panels 13 and 14 accommodates the gunnel or rail 55 to secure the accessory to the boat. Regarding the preamble phrase “for protecting the gunnel”, this is considered intended use and therefore not given patentable weight in the claim, as there is no structure specific to protection recited in the body of the claim that breathes life and meaning into this intended use. Furthermore, even if such use were to be given weight, the accessory and attachment apparatus inherently provides some degree of protection to the gunnel or rail of the boat compared to a completely exposed gunnel or rail, as it encloses the gunnel or rail and the accessory (fish storage bag) provides a barrier that would block flying debris in that area.
Claim 2, McDaniel discloses the first panel 13 includes an elongate slot 15, and the apparatus further comprising a securing member 16 removably received in the elongate slot. Figs 1-2
Claim 3, McDaniel discloses wherein the securing member 16 includes opposed first 17 and second 19 longitudinal ends, the first longitudinal end being sized to be received in the elongate slot and the second longitudinal end being sized larger than the elongate slot. Figs 1-2
Claim 4, McDaniel discloses the second longitudinal end includes a hole, further comprising a pin [screw portion] received in the hole to prevent removal of the securing member 16 from the elongate slot. Figs. 1-2
Allowable Subject Matter
Claims 5-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/JOVON E HAYES/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615