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 .
Application Status
Claims 1-16 are pending and have been examined in this application.
This communication is the first action on the merits.
An information disclosure statement (IDS) has been filed on 04/18/2024 and reviewed by the Examiner.
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 13 and 16 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.
Claim 13 recites the phrase "a diameter of the chamber is adjustable" in line 2. This renders the claim vague and indefinite, since it is unclear how the diameter of the chamber is adjusted. The chamber seems to be a solid and pre-formed coil structure which does not have a mechanism for adjustment of the diameter (see Applicant’s Fig. 3). Further clarification or explanation is required.
Claim 16 is rejected for similar reasons, as the rejection of claim 13 above, in lines 132-133 of claim 16.
Appropriate correction is required. Accordingly, the invention has been examined as best understood.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-7 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Sykes (U.S. Pat. 6158160) in view of Reinertson et al. (U.S. Pub. 20220295772), Polaszek (U.S. Pat. 3950880), Aiello (U.S. Pat. 9642350), and Johnson (U.S. Pat. 6857221).
In regard to claim 1, Sykes discloses a fishing stand comprising: a board; a wheel mount being coupled to the board (Figs. 1-5 and Column 2 line 22 - Column 3 line 14, where there is a fishing stand comprising a board 12 and a wheel mount being coupled to the board 12), the wheel mount comprising: a post extending upwardly from the board; an axle being coupled to the post, the axle extending outwardly from the post; a wheel being rotatably coupled to the wheel mount wherein the wheel is rotatable around the axle (Figs. 1-5 and Column 2 line 22 - Column 3 line 14, where the wheel mount has a post 30 extending upwardly from the board 12, an axle 32 being coupled to the post 30, the axle 32 extending outwardly from the post 30, and a wheel 35 being rotatably coupled to the wheel mount wherein the wheel 35 is rotatable around the axle 32). Sykes is silent on a rattle wheel being rotatably coupled to the rattle wheel mount wherein the rattle wheel is rotatable around the axle; the rattle wheel audibly emitting a noise when the rattle wheel rotates around the axle. Reinertson et al. discloses a rattle wheel being rotatably coupled to the rattle wheel mount wherein the rattle wheel is rotatable around the axle; the rattle wheel audibly emitting a noise when the rattle wheel rotates around the axle (Figs. 1-7, where there is a rattle wheel 100 rotatably coupled to the rattle wheel mount 72 wherein the rattle wheel 100 is rotatable around the axle 84 and where the rattle wheel 100 audibly emits a noise (via bells 184) when the rattle wheel 100 rotates around the axle 84). Sykes and Reinertson et al. are analogous because they are from the same field of endeavor which include fishing devices. 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 device body of Sykes such that a rattle wheel being rotatably coupled to the rattle wheel mount wherein the rattle wheel is rotatable around the axle; the rattle wheel audibly emitting a noise when the rattle wheel rotates around the axle in view of Reinertson et al. The motivation would have been to have an additional indication mechanism, which uses sound to alert the user of fishing line movement.
Sykes as modified by Reinertson et al. is silent on a wheel line being positionable within the wheel wherein the wheel line is configured to be outwardly extendable from the wheel when the wheel rotates around the axle; and a line clip releasably coupling the fishing line to the wheel line wherein the fishing line and the wheel line are configured to extend outwardly from the fishing pole and the wheel, respectively, when a fish pulls the fishing line; wherein extension of the fishing line pulls the wheel line to rotate the wheel. Polaszek discloses a wheel line being positionable within the wheel wherein the wheel line is configured to be outwardly extendable from the wheel when the wheel rotates around the axle (Figs. 1-6 and Column 2 line 13 – Column 3 line 68, where there is at least a wheel line 20 being positionable within the wheel, wherein the wheel line 20 is configured to be outwardly extendable from the wheel when the wheel (rotating portion of 20 inside 10) rotates around the axle (rotational axis of 20)); and a line clip releasably coupling the fishing line to the wheel line wherein the fishing line and the wheel line are configured to extend outwardly from the fishing pole and the wheel, respectively, when a fish pulls the fishing line (Figs. 1-6 and Column 2 line 13 – Column 3 line 68, where there is a line clip 27 releasably coupling the fishing line 17 to the wheel line 20 wherein the fishing line 17 and the wheel line 20 are configured to extend outwardly (via rotation of 20) from the fishing pole 11 and the wheel, respectively, at least when a fish pulls the fishing line 17); wherein extension of the fishing line pulls the wheel line to rotate the wheel (Figs. 1-6 and Column 2 line 13 – Column 3 line 68, where extension of the fishing line 17 at least pulls the wheel line 20 to rotate the wheel (rotating portion of 20 inside 10)). Sykes and Polaszek are analogous because they are from the same field of endeavor which include fishing devices. 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 device body of Sykes as modified by Reinertson et al. such that a wheel line being positionable within the wheel wherein the wheel line is configured to be outwardly extendable from the wheel when the wheel rotates around the axle; and a line clip releasably coupling the fishing line to the wheel line wherein the fishing line and the wheel line are configured to extend outwardly from the fishing pole and the wheel, respectively, when a fish pulls the fishing line; wherein extension of the fishing line pulls the wheel line to rotate the wheel in view of Polaszek. The motivation would have been to allow for relatively easier retrieval of the fishing line, compared to wrapping the fishing line around the rattle reel. The line clip mechanism allows for fish strike alerts, while enabling reeling in of the fishing line without the additional need to wrap the fishing line around a second reel.
Sykes as modified by Reinertson et al. and Polaszek is silent on a fishing pole mount being coupled to the board, the fishing pole mount being spaced from the rattle wheel mount, the fishing pole mount comprising: a leg being coupled to and extending upwardly from the board; a chamber being coupled to the leg, the chamber extending outwardly from the leg toward the rattle wheel mount wherein a fishing pole is removably positionable in the chamber; the fishing pole including: a grip being positionable in the chamber; a fishing rod being coupled to the grip, the fishing rod extending over the board toward the rattle wheel mount when the fishing pole is positioned in the chamber; a fishing line being coupled to the fishing rod, the fishing line being downwardly extendable from the fishing rod, the fishing line being aligned with the rattle wheel line when the grip is positioned in the chamber. Aiello discloses a fishing pole mount being coupled to the board, the fishing pole mount being spaced from the line positioning guide, the fishing pole mount comprising: a leg being coupled to and extending upwardly from the board (Figs. 1-5, where there is a fishing pole mount 44 being coupled to the board 40, the fishing pole mount 44 being spaced from the line positioning guide 70, the fishing pole mount 44 having a leg 46 being coupled to and extending upwardly from the board 40); a chamber being coupled to the leg, the chamber extending outwardly from the leg toward the line positioning guide wherein a fishing pole is removably positionable in the chamber (Figs. 1-5, where there is a chamber 84 being coupled to the leg 46, the chamber 84 extending outwardly from the leg 46 toward the line positioning guide 70, and where a fishing pole 12 is removably positionable in the chamber 84); the fishing pole including: a grip being positionable in the chamber; a fishing rod being coupled to the grip, the fishing rod extending over the board toward the line positioning guide when the fishing pole is positioned in the chamber (Figs. 1-5, where the fishing pole 12 includes a grip 86 being positionable in the chamber 84, a fishing rod being coupled to the grip 86, and the fishing rod extending over the board 40 toward the line positioning guide 70 when the fishing pole 12 is positioned in the chamber 84); a fishing line being coupled to the fishing rod, the fishing line being downwardly extendable from the fishing rod, the fishing line being aligned with the line positioning guide groove when the grip is positioned in the chamber (Figs. 1-5, where there is a fishing line 90 coupled to the fishing rod, the fishing line 90 being downwardly extendable from the fishing rod, and the fishing line 90 being at least aligned with the line positioning guide groove 77 when the grip 86 is positioned in the chamber 84). Sykes and Aiello are analogous because they are from the same field of endeavor which include fishing devices. 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 device body of Sykes as modified by Reinertson et al. and Polaszek such that a fishing pole mount being coupled to the board, the fishing pole mount being spaced from the rattle wheel mount, the fishing pole mount comprising: a leg being coupled to and extending upwardly from the board; a chamber being coupled to the leg, the chamber extending outwardly from the leg toward the rattle wheel mount wherein a fishing pole is removably positionable in the chamber; the fishing pole including: a grip being positionable in the chamber; a fishing rod being coupled to the grip, the fishing rod extending over the board toward the rattle wheel mount when the fishing pole is positioned in the chamber; a fishing line being coupled to the fishing rod, the fishing line being downwardly extendable from the fishing rod, the fishing line being aligned with the rattle wheel line when the grip is positioned in the chamber in view of Aiello, since the fishing pole mount of Aiello could be used with the rattle wheel mount and the rattle wheel line of Sykes as modified by Reinertson et al. and Polaszek. The motivation would have been to allow the user to place and support a fishing rod of their choice on the board, thereby enabling various specialized types of fishing rods to be utilized with the device.
Sykes as modified by Reinertson et al., Polaszek, and Aiello is silent on a bobber being coupled to the fishing line; the bobber contacting the line clip to secure a position of the rattle wheel line relative to the fishing line. Johnson discloses a bobber (Figs. 1-3, where there is at least bobber 1 coupled to the fishing line 10); a line stop being coupled to the fishing line (Figs. 1-3, where there is a line stop 6 being coupled to the fishing line 10); the line stop contacting the line clip to secure a position of the line clip relative to the fishing line (Figs. 1-3, where the line stop 6 contacts the line clip 7 to secure a position of the line clip 7 relative to the fishing line 10). Sykes and Johnson are analogous because they are from the same field of endeavor which include fishing devices. 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 device body of Sykes as modified by Reinertson et al., Polaszek, and Aiello such that a bobber being coupled to the fishing line; the bobber contacting the line clip to secure a position of the rattle wheel line relative to the fishing line in view of Johnson, since the line stop and the bobber of Aiello could be used with the rattle wheel line of Sykes as modified by Reinertson et al., Polaszek, and Aiello. The motivation would have been to allow only a specified length of line to be drawn (as determined by the position of a line stop), when the fishing line has been thrown into the water.
In regard to claim 2, Sykes as modified by Reinertson et al., Polaszek, Aiello, and Johnson discloses the fishing stand of claim 1, wherein the board has a first end and a second end, the rattle wheel mount being positioned proximate to the first end, the fishing pole mount being positioned proximate to the second end (Sykes, Figs. 1-5, where the board 12 has a first end and a second end, the wheel mount 30/32 being positioned proximate to the first end, and the fishing reel 25 being positioned proximate to the second end; Reinertson et al., rattle wheel mount 72; Aiello, the fishing pole 12).
In regard to claim 3, Sykes as modified by Reinertson et al., Polaszek, Aiello, and Johnson discloses the fishing stand of claim 2, the leg of the fishing pole mount further comprising: a lower portion being perpendicular to the board; and an upper portion being coupled to the lower portion, the upper portion being angled extending upwardly from the lower portion and extending toward the second end of the board, the chamber being coupled to the upper portion of the leg (Aiello, Figs. 1-5, where the leg of the fishing pole mount 44 further includes a lower portion 46 being perpendicular to the board 40, an upper portion 60 being coupled to the lower portion 46, the upper portion 60/68 being angled extending at least upwardly from the lower portion 46 and extending toward the second end of the board 40, and the chamber 84/88 being coupled to the upper portion 60/68 of the leg).
In regard to claim 4, Sykes as modified by Reinertson et al., Polaszek, Aiello, and Johnson discloses the fishing stand of claim 1, the rattle wheel mount further comprising a post extending upwardly from the board, the axle being coupled to the post, the post being angled extending away from an upper surface of the board and extending toward a first end of the board wherein the post positions the rattle wheel over the first end of the board (Sykes, Figs. 1-5, where the rattle wheel mount further includes a post 30 extending upwardly from the board, the axle 32 being coupled to the post 30, the post 30 at least angled extending away from an upper surface of the board 12 and at least extending toward a first end of the board (curved extensions of the post 30), and where the post 30 at least positions the wheel 35 over the first end of the board (over space 17)).
In regard to claim 5, Sykes as modified by Reinertson et al., Polaszek, Aiello, and Johnson discloses the fishing stand of claim 4, further comprising: a terminal end of the axle being distally positioned on the axle relative to the post, the terminal end being threaded (Sykes, Figs. 1-5, where a terminal end of the axle 32 being distally positioned on the axle 32 relative to the post 30; Reinertson et al., Paragraphs [0068-0069] and Fig. 7, where the terminal end 204 is threaded); a retainer being releasably couplable to the terminal end of the axle of the rattle wheel mount, the retainer being threaded complementary to the terminal end of the axle wherein the retainer is threadably couplable to the axle (Reinertson et al., Paragraphs [0068-0069] and Fig. 7, where a retainer 150 is releasably couplable to the terminal end 204 of the axle 84 of the rattle wheel mount 72, the retainer 150 being threaded complementary to the terminal end 204 of the axle 84, and wherein the retainer 150 is threadably couplable to the axle 84); and the rattle wheel being removably coupled to the rattle wheel mount wherein the axle having a length exceeding a width of the rattle wheel wherein the terminal end of the axle is exposed when the rattle wheel is positioned on the axle and wherein the retainer is threadably couplable to the terminal end of the axle to retain the rattle wheel on the axle of the rattle wheel mount (Reinertson et al., Paragraphs [0068-0069] and Fig. 7, where the rattle wheel is removably coupled to the rattle wheel mount 72, where the axle 84 having a length exceeding a width of the rattle wheel, where the terminal end 204 of the axle 84 is exposed when the rattle wheel is positioned on the axle 84, and where the retainer 150 is threadably couplable to the terminal end 204 of the axle 84 to at least retain the rattle wheel on the axle 84 of the rattle wheel mount 72).
In regard to claim 6, Sykes as modified by Reinertson et al., Polaszek, Aiello, and Johnson discloses the fishing stand of claim 5, the rattle wheel further comprising: a first plate; a second plate being coupled to the first plate, the second plate being spaced from the first plate, the second plate being removably coupled to the first plate (Reinertson et al., Paragraphs [0062-0068] and Figs. 1-7, where the rattle wheel includes a first plate (104 of 102A), a second plate (104 of 102B) being coupled to the first plate, the second plate being spaced from the first plate, and the second plate being removably coupled to the first plate (via spool body 102)); a bell being removably positionable between the first plate and the second plate wherein the bell audibly emits the noise when the rattle wheel rotates around the axle (Reinertson et al., Paragraphs [0062-0068] and Figs. 1-7, where there is a bell 184 removably positionable between the first plate 104 and the second plate 104 wherein the bell 184 audibly emits the noise when the rattle wheel rotates around the axle 84); and a plurality of additional bells being removably positionable between the first plate and the second plate wherein the plurality of additional bells alters the noise being emitted by the rattle wheel when the plurality of additional bells is positioned between the first plate and the second plate (Reinertson et al., Paragraphs [0062-0068] and Figs. 1-7, where there is a plurality of bells 184 removably positionable between the first plate 104 and the second plate 104 and where the plurality of bells 184 alters the noise being emitted by the rattle wheel, when the plurality of bells 184 is positioned between the first plate 104 and the second plate 104).
In regard to claim 7, Sykes as modified by Reinertson et al., Polaszek, Aiello, and Johnson discloses the fishing stand of claim 1, further comprising a flag being pivotably coupled to the board wherein the flag is configured to pivot upwardly to provide visual indication of the fish pulling the fishing line (Sykes, Figs. 1-5, where there is a flag 47 pivotably coupled to the board 12 and where the flag 47 is configured to pivot upwardly to provide visual indication of the fish pulling the fishing line 25a).
In regard to claim 13, Sykes as modified by Reinertson et al., Polaszek, Aiello, and Johnson discloses the fishing stand of claim 1, wherein the chamber has a coil shape wherein a diameter of the chamber is adjustable (Aiello, Fig. 1-5, where the chamber 84 has a coil shape and where a diameter of the chamber 84 is at least adjustable (bendable material)).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Sykes (U.S. Pat. 6158160) in view of Reinertson et al. (U.S. Pub. 20220295772), Polaszek (U.S. Pat. 3950880), Aiello (U.S. Pat. 9642350), and Johnson (U.S. Pat. 6857221) as applied to claim 7, and further in view of Monsen (U.S. Pat. 4993182).
In regard to claim 8, Sykes as modified by Reinertson et al., Polaszek, Aiello, and Johnson discloses the fishing stand of claim 7, further comprising: a stem being coupled to and extending outwardly from the rattle wheel; a flag spring being coupled to and extending upwardly from the board (Sykes, Figs. 1-5, where a stem 38b is coupled to and extending outwardly from the wheel 35 and where a flag spring 41 is coupled to and extending upwardly from the board 12); a flagpole being coupled to the flag spring, the flagpole extending outwardly from the flag spring (Sykes, Figs. 1-5, where there is a flagpole 42 coupled to the flag spring 41 and where the flagpole 42 extends outwardly from the flag spring 41). Sykes as modified by Reinertson et al., Polaszek, Aiello, and Johnson is silent on a finger being coupled to the flagpole, the finger extending outwardly from the flagpole wherein the finger is positionable under the stem and wherein the finger is released from under the stem when the rattle wheel rotates, the flag pivoting upwardly when the finger is released from under the stem. Monsen discloses a finger being coupled to the flagpole, the finger extending outwardly from the flagpole wherein the finger is positionable under the stem and wherein the finger is released from under the stem when the rattle wheel rotates, the flag pivoting upwardly when the finger is released from under the stem (Figs. 1-6 and Column 3 lines 1-23, where there is a finger 27 being coupled to the flagpole 24, the finger 27 extending outwardly from the flagpole 24, where the finger 27 is positionable under the stem 33, where the finger 27 is released from under the stem 33 when the wheel rotates, and where the flag 26 pivots upwardly when the finger 27 is released from under the stem 33). Sykes and Monsen are analogous because they are from the same field of endeavor which include fishing devices. 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 device body of Sykes as modified by Reinertson et al., Polaszek, Aiello, and Johnson such that a finger being coupled to the flagpole, the finger extending outwardly from the flagpole wherein the finger is positionable under the stem and wherein the finger is released from under the stem when the rattle wheel rotates, the flag pivoting upwardly when the finger is released from under the stem in view of Monsen. The motivation would have been to have a flag indicator release mechanism, which is integrated into the reel structure, without the need for an independent structure to secure the flag in a stowed position.
Claims 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Sykes (U.S. Pat. 6158160) in view of Reinertson et al. (U.S. Pub. 20220295772), Polaszek (U.S. Pat. 3950880), Aiello (U.S. Pat. 9642350), and Johnson (U.S. Pat. 6857221) as applied to claim 1, and further in view of Anderson (U.S. Pub. 20210400941).
In regard to claim 9, Sykes as modified by Reinertson et al., Polaszek, Aiello, and Johnson discloses the fishing stand of claim 1. Sykes as modified by Reinertson et al., Polaszek, Aiello, and Johnson is silent on the fishing pole mount further comprising: a track; and a fishing pole stand being movably couplable to the track, the fishing pole stand being slidable along the track wherein a position of the fishing pole stand relative to the track is adjustable. Anderson discloses the fishing pole mount further comprising: a track; and a fishing pole stand being movably couplable to the track, the fishing pole stand being slidable along the track wherein a position of the fishing pole stand relative to the track is adjustable (Paragraph [0030-0031] and Figs. 1-2, where the fishing pole mount includes a track 31, a fishing pole stand 151 is movably couplable to the track 31, the fishing pole stand 151 is slidable along the track 31, and where a position of the fishing pole stand 151 relative to the track 31 is adjustable). Sykes and Anderson are analogous because they are from the same field of endeavor which include fishing devices. 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 device body of Sykes as modified by Reinertson et al., Polaszek, Aiello, and Johnson such that the fishing pole mount further comprising: a track; and a fishing pole stand being movably couplable to the track, the fishing pole stand being slidable along the track wherein a position of the fishing pole stand relative to the track is adjustable in view of Anderson. The motivation would have been to allow the user to adjust the position of the rod using a track and plate structure, thereby enabling quick and easy manipulation of the rod’s angles and distances relative to the platform the rod is secured on.
In regard to claim 10, Sykes as modified by Reinertson et al., Polaszek, Aiello, Johnson, and Anderson discloses the fishing stand of claim 9, the track further comprising: a channel extending into the board; and a pair of bumpers being coupled to and extending upwardly from the board, the pair of bumpers being positioned on opposing sides of the channel (Anderson, Paragraph [0030-0031] and Figs. 1-2, where there is a channel extending into the board (platform connected via 15), a pair of bumpers (vertically extending portions of the track 31) coupled to and extending upwardly from the board, and the pair of bumpers is at least positioned on opposing sides of the channel).
In regard to claim 11, Sykes as modified by Reinertson et al., Polaszek, Aiello, Johnson, and Anderson discloses the fishing stand of claim 10, each bumper of the pair of bumpers further comprising: a squared portion, each bumper of the pair of bumpers extending over the channel along the squared portion wherein a width between the pair of bumpers along the squared portion is less than a width of the channel (Anderson, Paragraph [0030-0031] and Figs. 1-2, where each bumper of the pair of bumpers further includes a squared portion (cross section of upper track 31 portion), each bumper of the pair of bumpers extending over the channel along the squared portion wherein a width between the pair of bumpers along the squared portion is less than a width of the channel). Sykes as modified by Reinertson et al., Polaszek, Aiello, Johnson, and Anderson is silent on a tapered portion extending outwardly from the squared portion toward the first end of the board wherein a width between the pair of bumpers along the tapered portion is greater than a width between the pair of bumpers along the squared portion. It would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Sykes as modified by Reinertson et al., Polaszek, Aiello, Johnson, and Anderson to have a tapered portion extending outwardly from the squared portion toward the first end of the board wherein a width between the pair of bumpers along the tapered portion is greater than a width between the pair of bumpers along the squared portion, since applicant has not disclosed that doing so solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the track and the pair of bumpers of Anderson. The motivation would have been to easily remove the fishing pole stand from the track, while preventing vertical displacement of the fishing pole stand when it is attached to the track. The tapered portion also allows for a relatively easier attachment process when inserting the fishing pole stand onto the track.
In regard to claim 12, Sykes as modified by Reinertson et al., Polaszek, Aiello, Johnson, and Anderson discloses the fishing stand of claim 11, the fishing pole stand further comprising: a foot being removably positionable in the channel, the foot having a width exceeding a width between the pair of bumpers along the squared portion wherein the foot is inhibited from being removed from the channel when the foot is positioned between the squared portion of each of the pair of bumpers, the foot having a width being smaller than a width of the channel wherein the foot is positionable in the channel between the tapered portion of the pair of bumpers; and the leg being coupled to and extending upwardly from the foot (Anderson, Paragraph [0030-0031] and Figs. 1-2, where the fishing pole stand further includes a foot 21 being removably positionable in the channel (of track 31), the foot 21 having a width exceeding a width between the pair of bumpers along the squared portion, where the foot 21 is inhibited from being removed from the channel when the foot 21 is positioned between the squared portion of each of the pair of bumpers, the foot 21 having a width being smaller than a width of the channel wherein the foot is positionable in the channel between the tapered portion (obvious matter of design choice as disclosed in the rejection of claim 11) of the pair of bumper, and where the leg 71 being coupled to and extending upwardly from the foot 21).
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Sykes (U.S. Pat. 6158160) in view of Reinertson et al. (U.S. Pub. 20220295772), Polaszek (U.S. Pat. 3950880), Aiello (U.S. Pat. 9642350), and Johnson (U.S. Pat. 6857221) as applied to claim 1, and further in view of Christianson et al. (U.S. Pat. 8701333).
In regard to claim 14, Sykes as modified by Reinertson et al., Polaszek, Aiello, and Johnson discloses the fishing stand of claim 1, the fishing line bore having a size being smaller than a size of the bobber wherein the bobber is inhibited from passing through the fishing line bore when the bobber contacts the line clip (Johnson, Fig. 3, where the fishing line bore having a size being smaller than a size of the bobber (line stopper 6 and bobber 1) and where the bobber (line stopper 6 and bobber 1) is inhibited from passing through the fishing line bore when the bobber (line stopper 6 and bobber 1) at least contacts the line clip). Sykes as modified by Reinertson et al., Polaszek, Aiello, and Johnson is silent on the line clip further comprising: a hub having an outer edge; a rattle wheel line bore extending through the hub, the rattle wheel line bore being spaced from the outer edge of the hub; and a fishing line bore extending through the hub, the fishing line bore being aligned with the rattle wheel line bore, the fishing line bore being spaced from the outer edge of the hub. Christianson et al. discloses the line clip further comprising: a hub having an outer edge; a rattle wheel line bore extending through the hub, the rattle wheel line bore being spaced from the outer edge of the hub (Figs. 6-8, where the line clip 125 further includes a hub 610 having an outer edge, a wheel line bore (one of bores) extending through the hub 610, and the wheel line bore being at least spaced from the outer edge of the hub 610); and a fishing line bore extending through the hub, the fishing line bore being aligned with the rattle wheel line bore, the fishing line bore being spaced from the outer edge of the hub (Figs. 6-8, where there is a fishing line bore (other one of bores) extending through the hub 610, the fishing line bore being aligned with the wheel line bore (one of bores), and the fishing line bore being at least spaced from the outer edge of the hub 610). Sykes and Christianson et al. are analogous because they are from the same field of endeavor which include fishing devices. 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 device body of Sykes as modified by Reinertson et al., Polaszek, Aiello, and Johnson such that the line clip further comprising: a hub having an outer edge; a rattle wheel line bore extending through the hub, the rattle wheel line bore being spaced from the outer edge of the hub; and a fishing line bore extending through the hub, the fishing line bore being aligned with the rattle wheel line bore, the fishing line bore being spaced from the outer edge of the hub in view of Christianson et al. The motivation would have been to have an adjustable line connection mechanism between the wheel line and the fishing line. This would enable lines of various sizes to be used with the device.
In regard to claim 15, Sykes as modified by Reinertson et al., Polaszek, Aiello, Johnson, and Christianson et al. discloses the fishing stand of claim 14, the line clip further comprising a fishing line slit extending through the outer edge of the hub into the fishing line bore wherein the fishing line is positionable within the fishing line bore through the fishing line slit (Christianson et al., Figs. 6-8, where the line clip 125 further has a fishing line slit (line insertion portion) extending through the outer edge of the hub 610 into the fishing line bore and wherein the fishing line is at least positionable within the fishing line bore through the fishing line slit (line insertion portion)).
Allowable Subject Matter
Claim 16 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892, Notice of References Cited, for the full list of prior art made of record. Particularly the references were cited because they pertain to the state of the art of fishing devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN M DENNIS whose telephone number is (571)270-7604. The examiner can normally be reached Monday-Friday: 7:30 am to 4:30 pm.
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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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/KEVIN M DENNIS/Examiner, Art Unit 3647
/KIMBERLY S BERONA/Supervisory Patent Examiner, Art Unit 3647