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
Claims 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Group, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 10/08/2024.
None of claims 1-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 10/08/2024.
Applicant's election with traverse of Group I and Sub-species II, 9, and i in the reply filed on 10/08/2024 is acknowledged. The traversal is on the ground(s) that “Applicant notes that prosecution of sub-species…would not impose a serious search and/or examination burden on the Examiner if election were not required…”. This is not found persuasive because each of the sub-species and resulting species require unique searches not required in the search of the other sub-species and resulting species. If applicant is traversing on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
The requirement is still deemed proper and is therefore made FINAL.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show the details of the locking mechanism for the hook as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “fishing hook is removable by a twist-on/twist-off system with a locking mechanism” (the directional twisting arrows are shown in the replacement sheets for Figs. 1 and 5, but the actual locking mechanism by which the hook is connected to the hook tail are not shown) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 9-15 are objected to because of the following informalities:
Claim 9, lines 23-24, the term “the entirety of the main body of the hook tail” is unclear since the term in question was not previously or initially set forth in claim 9 and the term should be rewritten as --an entirety of the main body of the hook tail--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
In regard to claims 1 and 9, the specification and figures do not disclose “wherein the fishing hook is removable by a twist-on/twist-off system with a locking mechanism”. Specifically, the locking mechanism which attaches the fishing hook to the hook tail is not disclosed as to how exactly the twistable, removable connection of the fishing hook is achieved. Paragraph 0046 of the present specification merely states “…the fishing hook 110 is removable through a twist-on/twist-off system with a locking mechanism, such that it cannot screw off while in use in the water…the hook tail 102 incorporates a quick-release mechanism for the fishing hook 110 that facilitates removal and replacement of the secured locking mechanism”. The locking mechanism is not specifically disclosed as being a bayonet connection, a threaded connection, or other type of twistable connection and the details of such connection are not disclosed.
In regard to claims 1 and 9, the specification and figures do not disclose “the material of the rigid loop includes a different material from the fishing hook”. Paragraph 0056 of the present specification merely states “The eye 208 is comprised of materials such as plastic, metal, and/or fiber reinforced composite.”, but there is no disclosure of the material from which the fishing hook is made from so as to be able to establish that the rigid loop and fishing hook are in fact made from different materials.
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 1-15 and 21-23 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 claim 1, lines 4-7, the phrases “wherein the jig head includes one opening; wherein the jig head includes a threaded post receptacle, wherein threads of the threaded attachment post complement threads of the threaded attachment post to provide for frictional engagement of the jig head with the hook tail” render the claim vague and indefinite since the “threaded post receptacle” is not being properly claimed in relation with the “one opening” of the jig head from which it extends so as to properly structurally associate the “one opening” with the “threaded post receptacle”. That is, the opening forms an entrance of the threaded post receptacle 216 such that the threaded attachment post 206 may enter into the threaded post receptacle for connection therewith.
In regard to claim 1, lines 7-10, the phrases “wherein the threaded post receptacle and the threaded attachment post are form-fitting, and the threaded attachment post sits flush within an interior of the threaded post receptacle” render the claim vague and indefinite since the phrases fail to set forth the state of the connection between the threaded post receptacle and the threaded attachment post which results in the form-fitting and sitting flush of these parts when threadably engaged with each other and that when the threaded post receptacle and threaded attachment post are not connected to each other then these functions are not achieved and that the threaded attachment post only sits flush with the interior of the threaded post receptacle when the threaded attachment post and threaded post receptacle are fully engaged and bottomed out. Possibly the phrases should be rewritten as --wherein the threaded post receptacle and the threaded attachment post are form-fitting, and the threaded attachment post sits flush within an interior of the threaded post receptacle when the threads of the threaded post receptacle and the threaded attachment post are fully engaged and bottomed out--.
In regard to claim 1, lines 15-16, the phrase “wherein the fishing hook is removable by a twist-on/twist-off system with a locking mechanism” renders the claim vague and indefinite since it is unclear as to exactly what other structure the fishing hooks is removable from. Possibly the phrase should be rewritten as --wherein the fishing hook is removable from the hook tail by a twist-on/twist off system with a locking mechanism--.
In regard to claim 1, lines 19-20, the term “the material of the rigid loop” lacks positive antecedent basis.
In regard to claim 9, lines 3-4 and 8-11, the phrases “wherein the jig head includes one opening; wherein the one opening is in a flat surface of the jig head” and “wherein the jig head includes a compatible threaded post receptacle; wherein the compatible threaded post receptacle and the threaded attachment post lock together after being rotated in a first direction” render the claim vague and indefinite since the “threaded post receptacle” is not being properly claimed in relation with the “one opening” of the jig head from which it extends so as to properly structurally associate the “one opening” with the “threaded post receptacle”. That is, the opening forms an entrance of the threaded post receptacle 216 such that the threaded attachment post 206 may enter into the threaded post receptacle for connection therewith.
In regard to claim 9, lines 14-15, the phrase “wherein the fishing hook is removable by a twist-on/twist-off system with a locking mechanism” renders the claim vague and indefinite since it is unclear as to exactly what other structure the fishing hooks is removable from. Possibly the phrase should be rewritten as --wherein the fishing hook is removable from the hook tail by a twist-on/twist off system with a locking mechanism--.
In regard to claim 21, the phrase “consisting of” renders the claim vague and indefinite since the term in question is intended to limit the following claim language only to what is recited thereafter, but claim 21 is not claiming . The elected embodiment directed to the Species comprising Sub-species II, 9, and i additionally requires ring 212 and corkscrew 214, but these features are not being claimed in claim 21 as is necessary if applicants intended to fully claim all of the features of the elected embodiment and nothing further. The non-elected embodiment of Sub-species I does not require either the ring 212 or the corkscrew 214 and the non-elected embodiment of Sub-species III does not require ring 212 and therefore if applicant is attempting to claim one of the non-elected embodiments then pending claim 21 is not directed to the current elected embodiment of Sub-species II as shown in Fig. 5 and it is possible that claim 21 should be considered to be withdrawn/non-elected. That is, if the applicants are to properly set forth the desired invention with the term “consisting of” in the preamble of the claim, then all of the features of the elected embodiment should be properly recited.
In regard to claim 21, lines 4-5 and 7-9 and 12, the phrases “wherein the jig head includes one opening; wherein the one opening is in a flat surface of the jig head” and “wherein the jig head includes a threaded post receptacle, wherein threads of the threaded post receptacle complement threads of the threaded attachment post to provide for frictional engagement of the jig head with the hook tail”, and “wherein the jig head is operable to screw on and screw off the hook tail” render the claim vague and indefinite since the “threaded post receptacle” is not being properly claimed in relation with the “one opening” of the jig head from which it extends so as to properly structurally associate the “one opening” with the “threaded post receptacle”. That is, the opening forms an entrance of the threaded post receptacle 216 such that the threaded attachment post 206 may enter into the threaded post receptacle for connection therewith.
In regard to claim 21, lines 9-11, the phrases “wherein the threaded attachment post sits flush within an interior of the threaded post receptacle when the threaded attachment post is threaded into the threaded post receptacle” render the claim vague and indefinite since the phrases fail to set forth the state of the connection between the threaded post receptacle and the threaded attachment post which results in the sitting flush of these parts when threadably engaged with each other and that the threaded attachment post only sits flush with the interior of the threaded post receptacle when the threaded attachment post and threaded post receptacle are fully engaged and bottomed out. Possibly the phrases should be rewritten as --wherein the threaded attachment post sits flush within an interior of the threaded post receptacle when the threaded attachment post is threaded into the threaded post receptacle and when the threads of the threaded post receptacle and the threaded attachment post are fully engaged and bottomed out--.
In regard to claim 21, lines 19-20, the term “the entirety of the main body of the hook tail” lacks positive antecedent basis.
In regard to claim 22, the phrase “wherein an angle of the rigid loop to a main body of the hook tail is acute” renders the claim vague and indefinite since the term “a main body of the hook tail” was initially and previously recited at lines 15-16 of claim 21 and therefore it is unclear whether these terms represent the same or different structures.
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, 7, 9, 10, and 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anderson 6,898,894 in view of WO 2018/104837 to Aguilar, Furuya 10,123,520, and Earley 4,030,225 or Jacobson 3,009,279.
In regard to claim 1, Anderson discloses a modular fishing jig, comprising: a jig head (66) and a hook tail (22,24,26,30,31,35,36,38,39); wherein the hook tail includes an attachment post (30,31,35,36,38,39); wherein the jig head (66) includes one opening (74 forms one opening); wherein the jig head includes a post receptacle (70,74,76) and wherein the post receptacle complements the attachment post to provide for frictional engagement of the jig head with the hook tail (see Figs. 1-3), and wherein the post receptacle (70,74,76) and the attachment post (30,31,35,36,38,39) are form-fitting (see Fig. 1), and the attachment post (30,31,35,36,38,39) sits flush within an interior of the post receptacle (70,74,76; the phrase “sits flush” could be interpreted as when the slanted surfaces of 34-35 partially enter into 74 and engage the lower defining edge of 74; see Figs. 1-3); wherein the jig head is operable to be on (see Fig. 1) and off (see Figs. 2-3) of the hook tail; wherein a fishing hook (12-15) protrudes from and is permanently attached to the hook tail (see Fig. 3); wherein the fishing hook is a single hook (14) or a treble hook; wherein the hook tail includes a rigid loop (16) permanently attached to a main body (22,24,26) of the hook tail, and wherein the rigid loop is operable to receive a fishing line (line is attached to 16); wherein the rigid loop (16) solely extends from the hook tail (16 extends only laterally from 24; 16 only extends through 72 of jig head 66 and not from jig head 66), and the material of the rigid loop includes the same material as the fishing hook (see Fig. 3); wherein the attachment post (30,31,35,36,38,39) extends from the main body (22,24,26) of the hook tail (22,24,26,30,31,35,36,38,39); wherein when the jig head and the hook tail are fully engaged (the fully engaged position may minimally comprise when the second end 40 of the nubs 34,35 begin contacting the proximal end opening 74 in Fig. 3; the term “fully engaged” is not being particularly claimed to such an extent that the engagement between the attachment post and the post receptacle are bottomed out), the entirety of the main body (24) of the hook tail (22,24,26,30,31,35,36,38,39) is positioned to one side of the jig head (the engaged position may minimally comprise when the second end 40 of the nubs 34,35 begin contacting the proximal end opening 74 in Fig. 3 such that 22,24 are located below/outside of 68,72,74 in Fig. 3); and wherein the jig head weighs between 0.5 oz and 1.5 oz (known in the prior art that ¼ ounce and 1/8 ounce jigs exist in the prior art; see col. 1, lines 29-40 & lines 52-64), but does not disclose a rubber ring, wherein the hook tail includes a threaded attachment post, or wherein the jig head includes a threaded post receptacle and wherein threads of the threaded post receptacle complement threads of the threaded attachment post to provide for frictional engagement of the jig head with the hook tail, wherein the rubber ring is secured at a base of the threaded attachment post; wherein the jig head is operable to screw on and screw off of the hook tail. Aguilar discloses a rubber ring (seal 130), wherein the hook tail (110) includes a threaded attachment post (111), wherein the jig head (120) includes a threaded post receptacle (121) and wherein threads of the threaded post receptacle complement threads of the threaded attachment post to provide for frictional engagement of the jig head with the hook tail, and wherein the threaded post receptacle (121) and the threaded attachment post (111) are form-fitting (see Figs. 1-3), and the threaded attachment post sits flush within an interior of the threaded post receptacle (see Fig. 1); wherein the rubber ring is secured at a base of the threaded attachment post (see Fig. 1; also see Fig. 6 which shows a similar seal 280 positioned at the base of 211), wherein the jig head is operable to screw on and screw off of the hook tail (via 111,211). 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 modular fishing jig of Anderson such that it comprises a rubber ring, wherein the hook tail includes a threaded attachment post, wherein the jig head includes a threaded post receptacle and wherein threads of the threaded post receptacle complement threads of the threaded attachment post to provide for frictional engagement of the jig head with the hook tail, wherein the rubber ring is secured at a base of the threaded attachment post, and wherein the jig head is operable to screw on and screw off of the hook tail in view of Aguilar in order to provide an alternative securing arrangement for attaching the jig head to the hook tail that provides a means for sealing the interior connection between the jig head and hook tail so as to prevent seepage of water which may result in the corrosion of the threaded attachment post and threaded post receptacle. Anderson does not disclose wherein the fishing hook is removable with a locking mechanism or wherein the material of the rigid loop includes a different material from the fishing hook. Furuya discloses a fishing jig comprising wherein the fishing hook (30) is removable with a locking mechanism (40) when the fishing hook is worn out (see col. 2, lines 61-63) and wherein the material of the rigid loop (21) includes a different material from the fishing hook (30; the rigid loop 21 is a separate and distinct piece of material which is different from the discrete/distinct material of the hook 30). 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 hook and rigid loop of Anderson such that the fishing hook is removable with a locking mechanism and the rigid loop includes a different material from the fishing hook in view of Furuya in order to provide a configuration of the rigid loop and the hook which allows the rigid loop to remain connected to the fishing jig irrespective of the independently attached hook so as to allow the hook to be individually replaced in the event that the hook is worn out or becomes damaged and to allow the rigid loop to be installed upon the fishing jig at a location independent of the installation location of the fishing hook so as to facilitate the manufacturing process. Anderson and Furuya disclose the fishing hook is removable by a crimping system (shank 31 of hook portion 30 is inserted into shank-receiving hole portion 55 in the intermediate member 50a which is inserted into intermediate member-receiving hole portion 42a such that the tapered surface 52a of the intermediate member 50a may be fitted into the tapered hole 43, the intermediate member 50a may be knocked with a hammer at the top end thereof and driven into the intermediate member-receiving hole portion 42 for crimping) with a locking mechanism (hook attachment mechanism 40 which is removable and can be engaged with the ring 35 and hook portion 30), but do not disclose wherein the fishing hook is removable by a twist-on/twist-off system with a locking mechanism. Earley and Jacobson disclose wherein the fishing hook (16,17,19 OR 15,17) is removable by a twist-on/twist-off system (shank portion 17 of hook with lateral projection 19 rotated 90 degrees from the position shown in Fig. 2 to the position shown in Fig. 3 OR pushing base 20 and its bayonet 28 along groove 30 to hook portion 31 and then turning the base 20 in its socket 29 until bayonet 28 moves back along hook portion 31 into contact with end 32 of groove 30) with a locking mechanism (lateral projection 19 of shank portion 17 & shoulder 12 of bore 11, elongated opening 14, yoke-like member 21 having disc-like member 22 connected to legs 23 OR bayonet 28 with groove 30, hook portion 31, & end 32). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the fishing hook which is removable by a twist-on/twist-off system with a locking mechanism of Earley or Jacobson for the fishing hook which is removable by a crimping system of Anderson and Furuya in order to provide an alternative configuration for the detachable connection of the fishing hook to the fishing jig which does not require tools as necessary for the installation and removal of the detachable hook as taught by Anderson and Furuya (Furuya requires a hammer to knock the intermediate member 50 into the intermediate member-receiving hole portion 42 for crimping and a nipper to remove the deformed intermediate member 50; see col. 6, lines 16-19 & lines 26-30).
In regard to claim 3, Anderson and Aguilar disclose wherein the jig head (66 of Anderson; 120 of Aguilar) faces up and in line with respect to the main body (24 of Anderson; 110 of Aguilar) of the hook tail after the jig head is screwed onto the hook tail after multiple full turns (see Fig. 1 of Aguilar wherein the uppermost eyelet [170 in Fig. 2] at the middle of the top of 110 is axially aligned in a vertical plane with the longitudinal axis and the forward eyelet at the front end of 120 which results after multiple full turns along threads of 111,121).
In regard to claim 4, Anderson discloses wherein the hook tail (24) is comprised of at least lead (see col. 1, lines 52-61 & col. 7, line 38).
In regard to claim 5, Anderson discloses wherein the rigid loop (16) is perpendicular to the length of the modular fishing jig (see Figs. 1-3) for easy knot tying of the fishing line.
In regard to claim 7, Anderson discloses a second jig head, wherein the second jig head is a different weight than the first jig head (see col. 7, lines 18-37), wherein the second jig head includes a second threaded post receptacle configured to engage with the threaded attachment post of the hook tail (threaded post receptacle disclosed by Aguilar).
In regard to claim 9, Anderson discloses a modular fishing jig, comprising: a jig head (66) and a hook tail (22,24,26,30,31,35,36,38,39); wherein the jig head (66) includes one opening (74 forms one opening); wherein the one opening (74 forms one opening) is in a flat surface (bottom of 66 is flat about 74 as shown in Figs. 1-3; see Fig. 1 which shows 20,26 being parallel to the bottom of 66) of the jig head, and wherein the flat surface constitutes a base side of the jig head (see Figs. 1-3); wherein the hook tail includes an attachment post (30,31,35,36,38,39); wherein the hook tail includes a post receptacle and wherein the jig head includes a compatible post receptacle (70,74,76); wherein the post receptacle and the attachment post lock together after being pushed in a first direction (via 34-36,38,39; moving 24 upwardly into 66 in Figs. 1-3); wherein the hook tail includes a fishing hook (14); wherein the fishing hook is a single hook (14) or a treble hook; wherein the fishing hook (14) is permanently attached to the tail hook (see Fig. 3); wherein the hook tail includes a rigid loop (16) permanently attached to a main body (22,24,26) of the hook tail, wherein the rigid loop (16) solely extends from the hook tail (16 extends only laterally from 24; 16 only extends through 72 of jig head 66 and not from jig head 66), and the material of the rigid loop includes the same material as the fishing hook (see Fig. 3); wherein the attachment post (30,31,35,36,38,39) extends from the main body (22,24,26) of the hook tail (22,24,26,30,31,35,36,38,39); wherein the main body of the hook tail (22,24,26) includes a flat portion (22 in Fig. 3) in which the attachment post (30,31,35,36,38,39) extends; wherein when the jig head and the hook tail are fully engaged (the fully engaged position may minimally comprise when the second end 40 of the nubs 34,35 begin contacting the proximal end opening 74 in Fig. 3; the term “fully engaged” is not being particularly claimed to such an extent that the engagement between the attachment post and the post receptacle are bottomed out), the entirety of the main body (22,24,26) of the hook tail (22,24,26,30,31,35,36,38,39) is positioned to one side of the jig head (the engaged position may minimally comprise when the second end 40 of the nubs 34,35 begin contacting the proximal end opening 74 in Fig. 3 such that 22,24 are located below/outside of 68,72,74 in Fig. 3); wherein when the jig head (66) and the hook tail (22,24,26,30,31,35,36,38,39) are fully engaged (the fully engaged position may minimally comprise when the second end 40 of the nubs 34,35 begin contacting the proximal end opening 74 in Fig. 3; the term “fully engaged” is not being particularly claimed to such an extent that the engagement between the attachment post and the post receptacle are bottomed out), the flat portion (22) of the main body of the hook tail is parallel (see Figs. 1-3 wherein 22 will always be parallel to the flat bottom of 66 because at every insertion position of the hook tail within the jig head) with the flat surface of the base side (bottom of 66 is flat about 74 as shown in Figs. 1-3) of the jig head; and wherein the jig head is operable to be unlocked and removed from the hook tail by moving the jig head in a second direction (moving 24 downwardly away from 66 in Figs. 1-3), but does not disclose a rubber ring, wherein the rubber ring creates a waterproof seal between the jig head and the hook tail when assembled, wherein the hook tail includes a threaded attachment post and wherein the jig head includes a compatible threaded post receptacle, wherein the compatible threaded post receptacle and the threaded attachment post lock together after being rotated in a first direction, or wherein the jig head is operable to be unlocked and removed from the hook tail by rotating the jig head in a second direction. Aguilar discloses a rubber ring (seal 130), wherein the rubber ring creates a waterproof seal (a waterproof seal is necessarily formed between 120 & 110 via 130 because a vibrating device 140 with a motor 141 and battery 142 are contained therein) between the jig head (120) and the hook tail (110) when assembled, wherein the hook tail includes a threaded attachment post (111) and wherein the jig head includes a compatible threaded post receptacle (121), wherein the compatible threaded post receptacle and the threaded attachment post lock together after being rotated in a first direction (screwing the threaded connectors together to result in moving 110,120 toward each other), wherein the jig head (120) is operable to be unlocked and removed from the hook tail (110) by rotating the jig head in a second direction (unscrewing the threaded connectors to separate 110,120). 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 modular fishing jig of Anderson such that it comprises a rubber ring, wherein the rubber ring creates a waterproof seal between the jig head and the hook tail when assembled, wherein the hook tail includes a threaded attachment post and wherein the jig head includes a compatible threaded post receptacle, wherein the compatible threaded post receptacle and the threaded attachment post lock together after being rotated in a first direction, or wherein the jig head is operable to be unlocked and removed from the hook tail by rotating the jig head in a second direction in view of Aguilar in order to provide an alternative securing arrangement for attaching the jig head to the hook tail that provides a means for sealing the interior connection between the jig head and hook tail so as to prevent seepage of water which may result in the corrosion of the threaded attachment post and threaded post receptacle. Anderson does not disclose wherein the fishing hook is removable with a locking mechanism or wherein the material of the rigid loop includes a different material from the fishing hook. Furuya discloses a fishing jig comprising wherein the fishing hook (30) is removable with a locking mechanism (40) when the fishing hook is worn out (see col. 2, lines 61-63) and wherein the material of the rigid loop (21) includes a different material from the fishing hook (30; the rigid loop 21 is a separate and distinct piece of material which is different from the discrete/distinct material of the hook 30). 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 hook and rigid loop of Anderson such that the fishing hook is removable with a locking mechanism and the rigid loop includes a different material from the fishing hook in view of Furuya in order to provide a configuration of the rigid loop and the hook which allows the rigid loop to remain connected to the fishing jig irrespective of the independently attached hook so as to allow the hook to be individually replaced in the event that the hook is worn out or becomes damaged and to allow the rigid loop to be installed upon the fishing jig at a location independent of the installation location of the fishing hook so as to facilitate the manufacturing process. Anderson and Furuya disclose the fishing hook is removable by a crimping system (shank 31 of hook portion 30 is inserted into shank-receiving hole portion 55 in the intermediate member 50a which is inserted into intermediate member-receiving hole portion 42a such that the tapered surface 52a of the intermediate member 50a may be fitted into the tapered hole 43, the intermediate member 50a may be knocked with a hammer at the top end thereof and driven into the intermediate member-receiving hole portion 42 for crimping) with a locking mechanism (hook attachment mechanism 40 which is removable and can be engaged with the ring 35 and hook portion 30), but do not disclose wherein the fishing hook is removable by a twist-on/twist-off system with a locking mechanism. Earley and Jacobson disclose wherein the fishing hook (16,17,19 OR 15,17) is removable by a twist-on/twist-off system (shank portion 17 of hook with lateral projection 19 rotated 90 degrees from the position shown in Fig. 2 to the position shown in Fig. 3 OR pushing base 20 and its bayonet 28 along groove 30 to hook portion 31 and then turning the base 20 in its socket 29 until bayonet 28 moves back along hook portion 31 into contact with end 32 of groove 30) with a locking mechanism (lateral projection 19 of shank portion 17 & shoulder 12 of bore 11, elongated opening 14, yoke-like member 21 having disc-like member 22 connected to legs 23 OR bayonet 28 with groove 30, hook portion 31, & end 32). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the fishing hook which is removable by a twist-on/twist-off system with a locking mechanism of Earley or Jacobson for the fishing hook which is removable by a crimping system of Anderson and Furuya in order to provide an alternative configuration for the detachable connection of the fishing hook to the fishing jig which does not require tools as necessary for the installation and removal of the detachable hook as taught by Anderson and Furuya (Furuya requires a hammer to knock the intermediate member 50 into the intermediate member-receiving hole portion 42 for crimping and a nipper to remove the deformed intermediate member 50; see col. 6, lines 16-19 & lines 26-30).
In regard to claim 10, Anderson discloses wherein the jig head weighs between 0.015625 oz and 15 oz (known in the prior art that ¼ ounce and 1/8 ounce jigs exist in the prior art; see col. 1, lines 29-40 & lines 52-64).
In regard to claim 12, Anderson discloses wherein the fishing hook includes at least one barb (see Figs. 1-3) to prevent the fishing hook from falling out of a fish when hooked.
In regard to claim 13, Anderson and Aguilar disclose wherein the rubber ring is secured at a base of the threaded attachment post (see Fig. 1 of Aguilar; also see Fig. 6 of Aguilar which shows a similar seal 280 positioned at the base of 211).
In regard to claim 14, Anderson and Aguilar disclose wherein the threaded post receptacle (121 of Aguilar) is cut into the jig head (see 120 in Fig. 3 of Aguilar).
In regard to claim 15, Anderson and Aguilar disclose wherein threads on the threaded attachment post (111 of Aguilar) are made to bottom out (see Fig. 1 of Aguilar wherein the uppermost eyelet at the middle of the top of 110 is axially aligned in a vertical plane with the longitudinal axis and the forward eyelet at the front end of 120 which results after multiple full turns along threads of 111,121), leading to the jig head (66 of Anderson; 120 of Aguilar) to be oriented facing up and in line with respect to the hook tail (24 of Anderson; 110 of Aguilar) and the small, rigid loop (16 of Anderson; 170 of Aguilar in Fig. 2).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anderson 6,898,894 in view of WO 2018/104837 to Aguilar, Furuya 10,123,520, and Earley 4,030,225 or Jacobson 3,009,279 as applied to claim 1 above, and further in view of Standke 11,412,722 or Link 9,288,972 and Hancock 10,244,741.
In regard to claim 2, Anderson discloses wherein the jig head is a half-cut (slot 72 extends to about half the length of jig head 66 as shown in Fig. 2; also in Fig. 3 it is shown that slot 72 and the lower half of passage 70 represent a cut that extends about halfway across the width of 66) ellipsoid (66 is a three-dimensional shape with a circular cross section; 66 may also be football shaped which is the shape of an ellipse; see col. 7, lines 18-23), but does not disclose wherein the jig head is substantially a semi-ellipsoid. Standke and Link disclose wherein the jig head (120 OR 22) is substantially a semi-ellipsoid (see Figs. 11A-B OR see col. 3, line 55 & Figs. 1-3). 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 jig head of Anderson such that it is substantially a semi-ellipsoid in view of Standke or Link in order to provide an alternatively shaped jig head that has a shape that more closely anatomically approximates the shape of a baitfish head area to increase the realism of the fishing jig to the predatory fish or to provide a more aerodynamic profile for the fishing jig as it travels through the water during retrieval thereof by the fisherman. Anderson, Aguilar, and Standke or Link do not disclose the jig head with spheres representing eyes. Hancock discloses a jig head (12) with spheres representing eyes (the ends 26,28 of tube 22 in Fig. 1 are hemispherical in shape to mimic the shape of a fish eye and extend outward from or beyond the profile of the head 12 on sides of the head to further mimic the shape of a fish eye). 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 jig head of Anderson such that has spheres representing eyes in view of Hancock in order to provide a realistic and life-like eye representation which can be attractive to predatory fish.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anderson 6,898,894 in view of WO 2018/104837 to Aguilar, Furuya 10,123,520, and Earley 4,030,225 or Jacobson 3,009,279 as applied to claim 1 above, and further in view of Branum 2022/0151209.
In regard to claim 8, Anderson discloses a barb (see Fig. 4) extending from the main body (24) of the hook tail adjacent to the hook shank (shank of 14) to assist in retaining a soft plastic bait (see the bait in phantom lines in Fig. 4) to the fishing jig, but does not disclose a corkscrew component extending from the main body of the hook tail which wraps around a portion of a shank of the hook. Branum discloses a corkscrew component (510 in Fig. 6) extending from the main body of the hook tail (rear end of 508) which wraps around a portion of a shank of the hook (506) for securing a fishing lure such as a flesh-like or malleable fishing lure. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the corkscrew component extending from the main body of the hook tail which wraps around a portion of a shank of the hook as taught by Branum for the barb extending from the main body of the hook tail of Anderson in order to provide an alternative bait securing arrangement that provides multiple turns that can be placed internally within the body of the soft plastic lure to more reliably hold the bait to the modular fishing jig to thereby prevent its loss when the bait is repeatedly struck by predatory fish attempting to consume the bait.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anderson 6,898,894 in view of WO 2018/104837 to Aguilar, Furuya 10,123,520, and Earley 4,030,225 or Jacobson 3,009,279 as applied to claim 9 above, and further in view of Howe 2011/0296738.
In regard to claim 11, Anderson does not disclose wherein the fishing hook is formed from a marine grade metal including carbon steel, alloy steel, stainless steel, galvanized steel, aluminum, copper, brass, and/or bronze. Howe discloses a jig head (12) with a fishing hook (14) formed from stainless steel (see para. 0024). 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 hook of Anderson such that it is formed from stainless steel in view of Howe in order to provide a hook that is resistant to corrosion and which can therefore last longer during use in the wet conditions.
Claim(s) 1, 3-7, 9, 10, 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bennis 2012/0005946 in view of WO 2018/104837 to Aguilar, Furuya 10,123,520, and Earley 4,030,225 or Jacobson 3,009,279.
In regard to claim 1, Bennis discloses a modular fishing jig, comprising: a jig head (105) and a hook tail (143); wherein the hook tail includes an attachment post (upper portion of 143 that is above 145 and includes the tapered upper end thereof); wherein the jig head (105) includes one opening (open end 157); wherein the jig head includes a post receptacle (150) and wherein the post receptacle complements the attachment post to provide for frictional engagement of the jig head with the hook tail (see Fig. 1), and wherein the post receptacle (150) and the attachment post (upper portion of 143 that is above 145 and includes the tapered upper end thereof) are form-fitting, and the attachment post sits flush within an interior of the post receptacle (any contact between the upper end of 143 & 157 such as when 143 is initially being inserted into 157 can be broadly interpreted as “sits flush”); wherein the jig head is operable to be on (see Fig. 1) and off (see Fig. 13) of the hook tail; wherein a fishing hook (115) protrudes from and is permanently attached to the hook tail (via 145); wherein the fishing hook is a single hook (115) or a treble hook; wherein the hook tail includes a rigid loop (130) permanently attached to a main body (lower portion of 143 that includes 145) of the hook tail, and wherein the rigid loop is operable to receive a fishing line (line is attached to 130), wherein the rigid loop (130) solely extends from the hook tail (130 only extends from 143 but does not extend from 105 and instead extends through 170); wherein the attachment post (upper portion of 143 that is above 145 and includes the tapered upper end thereof) extends from the main body (lower portion of 143 that includes 145) of the hook tail; wherein when the jig head (105) and the hook tail (143) are fully engaged (the fully engaged position may minimally comprise when the upper tapered end of 143 begins to contact the lower open end 157 in Fig. 1; the term “fully engaged” is not being particularly claimed to such an extent that the engagement between the attachment post and the post receptacle are bottomed out), the entirety of the main body of the hook tail (lower portion of 143 that includes 145) is positioned to one side of the jig head (the engaged position may minimally comprise when the upper tapered end of 143 begins to contact the lower open end 157 in Fig. 1 such that lower portion of 143 that includes 145 is located below/outside of 150,157 in Fig. 1); and wherein the jig head weighs between 0.5 oz and 1.5 oz (see para. 0004), but does not disclose a rubber ring, wherein the hook tail includes a threaded attachment post, or wherein the jig head includes a threaded post receptacle and wherein threads of the threaded post receptacle complement threads of the threaded attachment post to provide for frictional engagement of the jig head with the hook tail, wherein the rubber ring is secured at a base of the threaded attachment post; wherein the jig head is operable to screw on and screw off of the hook tail. Aguilar discloses a rubber ring (seal 130), wherein the hook tail (110) includes a threaded attachment post (111), wherein the jig head (120) includes a threaded post receptacle (121) and wherein threads of the threaded post receptacle complement threads of the threaded attachment post to provide for frictional engagement of the jig head with the hook tail, wherein the rubber ring is secured at a base of the threaded attachment post (see Fig. 1; also see Fig. 6 which shows a similar seal 280 positioned at the base of 211), wherein the jig head is operable to screw on and screw off of the hook tail (via 111,211). 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 modular fishing jig of Bennis such that it comprises a rubber ring, wherein the hook tail includes a threaded attachment post, wherein the jig head includes a threaded post receptacle and wherein threads of the threaded post receptacle complement threads of the threaded attachment post to provide for frictional engagement of the jig head with the hook tail, wherein the rubber ring is secured at a base of the threaded attachment post, and wherein the jig head is operable to screw on and screw off of the hook tail in view of Aguilar in order to provide an alternative securing arrangement for attaching the jig head to the hook tail that provides a means for sealing the interior connection between the jig head and hook tail so as to prevent seepage of water which may result in the corrosion of the threaded attachment post and threaded post receptacle. Bennis does not disclose wherein the fishing hook is removable with a locking mechanism or wherein the material of the rigid loop includes a different material from the fishing hook. Furuya discloses a fishing jig comprising wherein the fishing hook (30) is removable with a locking mechanism (40) when the fishing hook is worn out (see col. 2, lines 61-63) and wherein the material of the rigid loop (21) includes a different material from the fishing hook (30; the rigid loop 21 is a separate and distinct piece of material which is different from the discrete/distinct material of the hook 30). 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 hook and rigid loop of Bennis such that the fishing hook is removable with a locking mechanism and the rigid loop includes a different material from the fishing hook in view of Furuya in order to provide a configuration of the rigid loop and the hook which allows the rigid loop to remain connected to the fishing jig irrespective of the independently attached hook so as to allow the hook to be individually replaced in the event that the hook is worn out or becomes damaged and to allow the rigid loop to be installed upon the fishing jig at a location independent of the installation location of the fishing hook so as to facilitate the manufacturing process. Bennis and Furuya disclose the fishing hook is removable by a crimping system (shank 31 of hook portion 30 is inserted into shank-receiving hole portion 55 in the intermediate member 50a which is inserted into intermediate member-receiving hole portion 42a such that the tapered surface 52a of the intermediate member 50a may be fitted into the tapered hole 43, the intermediate member 50a may be knocked with a hammer at the top end thereof and driven into the intermediate member-receiving hole portion 42 for crimping) with a locking mechanism (hook attachment mechanism 40 which is removable and can be engaged with the ring 35 and hook portion 30), but do not disclose wherein the fishing hook is removable by a twist-on/twist-off system with a locking mechanism. Earley and Jacobson disclose wherein the fishing hook (16,17,19 OR 15,17) is removable by a twist-on/twist-off system (shank portion 17 of hook with lateral projection 19 rotated 90 degrees from the position shown in Fig. 2 to the position shown in Fig. 3 OR pushing base 20 and its bayonet 28 along groove 30 to hook portion 31 and then turning the base 20 in its socket 29 until bayonet 28 moves back along hook portion 31 into contact with end 32 of groove 30) with a locking mechanism (lateral projection 19 of shank portion 17 & shoulder 12 of bore 11, elongated opening 14, yoke-like member 21 having disc-like member 22 connected to legs 23 OR bayonet 28 with groove 30, hook portion 31, & end 32). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the fishing hook which is removable by a twist-on/twist-off system with a locking mechanism of Earley or Jacobson for the fishing hook which is removable by a crimping system of Bennis and Furuya in order to provide an alternative configuration for the detachable connection of the fishing hook to the fishing jig which does not require tools as necessary for the installation and removal of the detachable hook as taught by Bennis and Furuya (Furuya requires a hammer to knock the intermediate member 50 into the intermediate member-receiving hole portion 42 for crimping and a nipper to remove the deformed intermediate member 50; see col. 6, lines 16-19 & lines 26-30).
In regard to claim 3, Bennis and Aguilar disclose wherein the jig head (105 of Bennis; 120 of Aguilar) faces up and in line with respect to the main body (143 of Bennis; 110 of Aguilar) of the hook tail after the jig head is screwed onto the hook tail after multiple full turns (see Fig. 1 of Aguilar wherein the uppermost eyelet [170 in Fig. 2] at the middle of the top of 110 is axially aligned in a vertical plane with the longitudinal axis and the forward eyelet at the front end of 120 which results after multiple full turns along threads of 111,121).
In regard to claim 4, Bennis discloses wherein the hook tail (143) is comprised of at least lead (see last sentence of Abstract & paras. 0002,0004,0007-9).
In regard to claim 5, Bennis discloses wherein the rigid loop (130) is perpendicular to the length of the modular fishing jig (see Figs. 1, 12, 13) for easy knot tying of the fishing line.
In regard to claim 6, Bennis discloses wherein the fishing hook (115) is a single hook (see Figs. 1, 12, 13).
In regard to claim 7, Bennis discloses a second jig head, wherein the second jig head is a different weight than the first jig head (see paras. 0010, 0057), wherein the second jig head includes a second threaded post receptacle configured to engage with the threaded attachment post of the hook tail (threaded post receptacle disclosed by Aguilar).
In regard to claim 9, Bennis discloses a modular fishing jig, comprising: a jig head (105) and a hook tail (143); wherein the jig head (105) includes open opening (157); wherein the one opening (157) is in a flat surface of the jig head (157 is at the flat lower bottom end of 105 in Fig. 7), and wherein the flat surface constitutes a base side of the jig head (lower side of 105 in Fig. 7); wherein the hook tail includes an attachment post (upper portion of 143 that is above 145 and includes the tapered upper end thereof) and wherein the jig head includes a compatible post receptacle (150); wherein the post receptacle and the attachment post lock together after being pushed in a first direction (via 140,175 in Fig. 2); wherein the hook tail includes a fishing hook (115); wherein the fishing hook (115) is a single hook (115) or a treble hook; wherein the hook tail includes a rigid loop (130) permanently attached to a main body (lower portion of 143 that includes 145) of the hook tail, wherein the rigid loop (130) extends solely from the hook tail (130 only extends from 143 but does not extend from 105 and instead extends through 170); wherein the attachment post (upper portion of 143 that is above 145 and includes the tapered upper end thereof) extends from the main body (lower portion of 143 that includes 145) of the hook tail; wherein the main body of the hook tail includes a flat portion (145) from which the attachment post (upper end portion of 143 in Fig. 12) extends; wherein when the jig head (105) and the hook tail (143) are fully engaged (the fully engaged position may minimally comprise when the upper tapered end of 143 begins to contact the lower open end 157 in Fig. 1; the term “fully engaged” is not being particularly claimed to such an extent that the engagement between the attachment post and the post receptacle are bottomed out), the entirety of the main body of the hook tail (lower portion of 143 that includes 145) is positioned to one side of the jig head (the engaged position may minimally comprise when the upper tapered end of 143 begins to contact the lower open end 157 in Fig. 1 such that lower portion of 143 that includes 145 is located below/outside of 150,157 in Fig. 1); wherein when the jig head (105) and the hook tail (143) are fully engaged (full engagement between 105 & 143 may minimally comprise when the upper tapered end of 143 begins to contact the lower open end 157 in Fig. 1), the flat portion (145) of the main body of the hook tail (143) is parallel (see Fig. 1) with the flat surface of the base side of the jig head (157 is at the flat lower bottom end of 105 in Fig. 7); and wherein the jig head is operable to be unlocked and removed from the hook tail by moving the jig head in a second direction (moving 143 downwardly away from 105 in Figs. 1-3), but does not disclose a rubber ring, wherein the rubber ring creates a waterproof seal between the jig head and the hook tail when assembled, wherein the hook tail includes a threaded attachment post and wherein the jig head includes a compatible threaded post receptacle, wherein the compatible threaded post receptacle and the threaded attachment post lock together after being rotated in a first direction, or wherein the jig head is operable to be unlocked and removed from the hook tail by rotating the jig head in a second direction. Aguilar discloses a rubber ring (seal 130), wherein the rubber ring creates a waterproof seal (a waterproof seal is necessarily formed between 120 & 110 via 130 because a vibrating device 140 with a motor 141 and battery 142 are contained therein) between the jig head (120) and the hook tail (110) when assembled, wherein the hook tail includes a threaded attachment post (111) and wherein the jig head includes a compatible threaded post receptacle (121), wherein the compatible threaded post receptacle and the threaded attachment post lock together after being rotated in a first direction (screwing the threaded connectors together to result in moving 110,120 toward each other), wherein the jig head (120) is operable to be unlocked and removed from the hook tail (110) by rotating the jig head in a second direction (unscrewing the threaded connectors to separate 110,120). 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 modular fishing jig of Bennis such that it comprises a rubber ring, wherein the rubber ring creates a waterproof seal between the jig head and the hook tail when assembled, wherein the hook tail includes a threaded attachment post and wherein the jig head includes a compatible threaded post receptacle, wherein the compatible threaded post receptacle and the threaded attachment post lock together after being rotated in a first direction, or wherein the jig head is operable to be unlocked and removed from the hook tail by rotating the jig head in a second direction in view of Aguilar in order to provide an alternative securing arrangement for attaching the jig head to the hook tail that provides a means for sealing the interior connection between the jig head and hook tail so as to prevent seepage of water which may result in the corrosion of the threaded attachment post and threaded post receptacle. Bennis does not disclose wherein the fishing hook is removable with a locking mechanism or wherein the material of the rigid loop includes a different material from the fishing hook. Furuya discloses a fishing jig comprising wherein the fishing hook (30) is removable with a locking mechanism (40) when the fishing hook is worn out (see col. 2, lines 61-63) and wherein the material of the rigid loop (21) includes a different material from the fishing hook (30; the rigid loop 21 is a separate and distinct piece of material which is different from the discrete/distinct material of the hook 30). 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 hook and rigid loop of Bennis such that the fishing hook is removable with a locking mechanism and the rigid loop includes a different material from the fishing hook in view of Furuya in order to provide a configuration of the rigid loop and the hook which allows the rigid loop to remain connected to the fishing jig irrespective of the independently attached hook so as to allow the hook to be individually replaced in the event that the hook is worn out or becomes damaged and to allow the rigid loop to be installed upon the fishing jig at a location independent of the installation location of the fishing hook so as to facilitate the manufacturing process. Bennis and Furuya disclose the fishing hook is removable by a crimping system (shank 31 of hook portion 30 is inserted into shank-receiving hole portion 55 in the intermediate member 50a which is inserted into intermediate member-receiving hole portion 42a such that the tapered surface 52a of the intermediate member 50a may be fitted into the tapered hole 43, the intermediate member 50a may be knocked with a hammer at the top end thereof and driven into the intermediate member-receiving hole portion 42 for crimping) with a locking mechanism (hook attachment mechanism 40 which is removable and can be engaged with the ring 35 and hook portion 30), but do not disclose wherein the fishing hook is removable by a twist-on/twist-off system with a locking mechanism. Earley and Jacobson disclose wherein the fishing hook (16,17,19 OR 15,17) is removable by a twist-on/twist-off system (shank portion 17 of hook with lateral projection 19 rotated 90 degrees from the position shown in Fig. 2 to the position shown in Fig. 3 OR pushing base 20 and its bayonet 28 along groove 30 to hook portion 31 and then turning the base 20 in its socket 29 until bayonet 28 moves back along hook portion 31 into contact with end 32 of groove 30) with a locking mechanism (lateral projection 19 of shank portion 17 & shoulder 12 of bore 11, elongated opening 14, yoke-like member 21 having disc-like member 22 connected to legs 23 OR bayonet 28 with groove 30, hook portion 31, & end 32). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the fishing hook which is removable by a twist-on/twist-off system with a locking mechanism of Earley or Jacobson for the fishing hook which is removable by a crimping system of Bennis and Furuya in order to provide an alternative configuration for the detachable connection of the fishing hook to the fishing jig which does not require tools as necessary for the installation and removal of the detachable hook as taught by Bennis and Furuya (Furuya requires a hammer to knock the intermediate member 50 into the intermediate member-receiving hole portion 42 for crimping and a nipper to remove the deformed intermediate member 50; see col. 6, lines 16-19 & lines 26-30).
In regard to claim 10, Bennis discloses wherein the jig head weighs between 0.015625 oz and 15 oz (see para. 0004).
In regard to claim 12, Bennis discloses wherein the fishing hook is a single hook (115) and includes at least one barb (see Fig. 1) to prevent the fishing hook from falling out of a fish when hooked.
In regard to claim 13, Bennis and Aguilar disclose wherein the rubber ring is secured at a base of the threaded attachment post (see Fig. 1 of Aguilar; also see Fig. 6 of Aguilar which shows a similar seal 280 positioned at the base of 211).
In regard to claim 14, Bennis and Aguilar disclose wherein the threaded post receptacle (121 of Aguilar) is cut into the jig head (see 120 in Fig. 3 of Aguilar).
In regard to claim 15, Bennis and Aguilar disclose wherein threads on the threaded attachment post (111 of Aguilar) are made to bottom out (see Fig. 1 of Aguilar wherein the uppermost eyelet at the middle of the top of 110 is axially aligned in a vertical plane with the longitudinal axis and the forward eyelet at the front end of 120 which results after multiple full turns along threads of 111,121), leading to the jig head (105 of Bennis; 120 of Aguilar) to be oriented facing up and in line with respect to the hook tail (143 of Bennis; 110 of Aguilar) and the small, rigid loop (130 of Bennis; 170 of Aguilar in Fig. 2).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bennis 2012/0005946 in view of WO 2018/104837 to Aguilar, Furuya 10,123,520, and Earley 4,030,225 or Jacobson 3,009,279 as applied to claim 1 above, and further in view of Standke 11,412,722 or Link 9,288,972 and Hancock 10,244,741.
In regard to claim 2, Bennis discloses wherein the jig head is a half-cut (slot 225 extends to about half the length of jig head 105 as shown in Fig. 7; also in Fig. 7 it is shown that slot 225 and the lower half of passage 155 represent a cut that extends about halfway across the width of 105) ellipsoid (105 is a three-dimensional shape with a circular cross section), but does not disclose wherein the jig head is substantially a semi-ellipsoid. Standke and Link disclose wherein the jig head (120 OR 22) is substantially a semi-ellipsoid (see Figs. 11A-B OR see col. 3, line 55 & Figs. 1-3). 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 jig head of Bennis such that it is substantially a semi-ellipsoid in view of Standke or Link in order to provide an alternatively shaped jig head that has a shape that more closely anatomically approximates the shape of a baitfish head area to increase the realism of the fishing lure to the predatory fish or to provide a more aerodynamic profile for the fishing jig as it travels through the water during retrieval thereof by the fisherman. Bennis, Aguilar, and Standke or Link the jig head with spheres representing eyes. Hancock discloses a jig head (12) with spheres representing eyes (the ends 26,28 of tube 22 in Fig. 1 are hemispherical in shape to mimic the shape of a fish eye and extend outward from or beyond the profile of the head 12 on sides of the head to further mimic the shape of a fish eye). 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 jig head of Bennis such that has spheres representing eyes in view of Hancock in order to provide a realistic and life-like eye representation which can be attractive to predatory fish.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bennis 2012/0005946 in view of WO 2018/104837 to Aguilar, Furuya 10,123,520, and Earley 4,030,225 or Jacobson 3,009,279 as applied to claim 1 above, and further in view of Branum 2022/0151209.
In regard to claim 8, Bennis discloses a barb (135) extending from the main body (143) of the hook tail adjacent to the hook shank (shank of 115) to assist in retaining a skirt to the fishing jig, but does not disclose a corkscrew component extending from the main body of the hook tail which wraps around a portion of a shank of the hook. Branum discloses a corkscrew component (510 in Fig. 6) extending from the main body of the hook tail (rear end of 508) which wraps around a portion of a shank of the hook (506) for securing a fishing lure such as a flesh-like or malleable fishing lure. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the corkscrew component extending from the main body of the hook tail which wraps around a portion of a shank of the hook as taught by Branum for the barb extending from the main body of the hook tail of Bennis in order to provide an alternative bait securing arrangement that provides multiple turns that can be placed internally within the body of the soft plastic lure to more reliably hold the bait to the modular fishing jig to thereby prevent its loss when the bait is repeatedly struck by predatory fish attempting to consume the bait.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bennis 2012/0005946 in view of WO 2018/104837 to Aguilar, Furuya 10,123,520, and Earley 4,030,225 or Jacobson 3,009,279 as applied to claim 9 above, and further in view of Howe 2011/0296738.
In regard to claim 11, Bennis does not disclose wherein the fishing hook is formed from a marine grade metal including carbon steel, alloy steel, stainless steel, galvanized steel, aluminum, copper, brass, and/or bronze. Howe discloses a jig head (12) with a fishing hook (14) formed from stainless steel (see para. 0024). 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 hook of Bennis such that it is formed from stainless steel in view of Howe in order to provide a hook that is resistant to corrosion and which can therefore last longer during use in the wet conditions.
Claim(s) 21 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2018/104837 to Aguilar in view of Sebile 2011/0056113.
In regard to claim 21, Aguilar discloses a modular fishing jig, consisting of: a jig head (120) and a hook tail (110); wherein the hook tail (110) includes a threaded attachment post (111); wherein the jig head includes one opening (left open end of 121); wherein the one opening is in a flat surface of the jig head (flat left end of 120 in Fig. 3), and wherein the flat surface constitutes a base side of the jig head (left end of 120 is the base side); wherein the jig head includes a threaded post receptacle (threads of 121), wherein threads of the threaded post receptacle complement threads of the threaded attachment post to provide for frictional engagement of the jig head with the hook tail (see Fig. 1), and wherein the threaded attachment post sits flush within an interior of the threaded post receptacle when the threaded attachment post is threaded in the threaded post receptacle (see Fig. 1); wherein the jig head is operable to screw on and screw off of the hook tail (via the threaded engagement between 111 & 121); wherein a fishing hook (hooks can be attached to 172) protrudes from and is attached to the hook tail; wherein the fishing hook is a single hook (hook attached 172 is at least single hooks) or a treble hook; wherein the hook tail (110) includes a rigid loop (170) permanently attached to a main body of the hook tail (see Figs. 2-3), wherein the rigid loop is operable to receive a fishing line (170 for attaching hooks or tie ropes to secure and pull the lure), wherein the rigid loop (170) solely extends from the hook tail (110; see Fig. 2); wherein the threaded attachment post (111) extends from the main body of the hook tail (main body of 110); wherein when the jig head and the hook tail are fully engaged (see Fig. 1), the entirety of the main body of the hook tail is positioned to one side of the jig head (all of 110 to the left of 111 in Fig. 2 is positioned to the left side of jig head 120 as shown in Fig. 1); but does not disclose wherein the jig head weighs between 0.5 oz and 15 oz. Sebile discloses a fishing lure wherein the jig head weighs between 0.5 oz and 15 oz (density and/or weight of lure 10 may be sufficient to allow the lure 10 to operate at any water depth desired and lure 10 may be provided in various weights such as ½ oz up to 5 oz but this list is not exhaustive; see para. 0042). 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 lure of Aguilar such that the jig head weighs between 0.5 oz and 15 oz in view of Sebile in order to provide a jig head with a density and/or weight which is sufficient to allow the lure to operate at any water depth desired and to sink at the desired rate within the water column of the body of water.
In regard to claim 23, Aguilar discloses wherein when the jig head (120) and the hook tail (110) are fully engaged (see Fig. 1), a flat portion (flat surface of 110 at the left end of 111 which surrounds the left end of 111 in Fig. 2) of the main body of the hook tail is parallel with the flat surface of the base side of the jig head (flat left end of 120 in Fig. 3).
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2018/104837 to Aguilar in view of Sebile 2011/0056113 as applied to claim 21 above, and further in view of Dickman 1,472,638 or Lehman 2006/0005459 or Renosky 2023/0301283.
In regard to claim 22, Aguilar and Sebile do not disclose wherein an angle of the rigid loop to a main body of the hook tail is acute. Dickman discloses wherein an angle of the rigid loop (9) to a main body of the hook tail (rear tail portion of 1) is acute (see Fig. 1). Lehman disclose wherein an angle of the rigid loop (14) to a main body (8) is acute (see Fig. 5; 14 extends at an acute angle with respect to the longitudinal axis of 1). Renosky discloses wherein an angle of the rigid loop (32 or 34) to a main body of the hook tail (main body of 15e or main body of 15e) is acute (see angles of 32 or 34 with respect to the longitudinal axis of 10 in Fig. 4). It would have been obvious to one of ordinary skill in the art to modify the rigid loop of Aguilar and Sebile such that an angle of the rigid loop to a main body of the hook tail is acute in view of Dickman or Lehman or Renosky in order to attach the fishing line or hooks to the rigid loop such that the fishing line or hooks are oriented with respect to the fishing lure at the desired elevation and position as desired by the user so as to pull the lure at an angle to horizontal during retrieval with the fishing line or to orient the hooks at the appropriate angle with respect to the fishing lure so as to properly hook any attacking predatory fish.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. JP 2018-161111 to Nakamichi discloses a jig head (10), a hook tail (20), wherein the hook tail (20) includes one opening (leading entrance of 21 at top end of 20 in Fig. 1), wherein the hook tail (20) includes a threaded post receptacle (21-22) wherein the jig head (10) includes a threaded attachment post (11-12), wherein threads (22) of the threaded post receptacle (21) complement threads (12) of the threaded attachment post (11) to provide for frictional engagement of the jig head with the hook tail, and wherein the threaded post receptacle (21-22) and the threaded attachment post (11-12) are form-fitting (see Figs. 3a-b), and the threaded attachment post (11-12) sits flush with an interior of the threaded post receptacle (see Figs. 3a-b).
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.
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/DARREN W ARK/Primary Examiner, Art Unit 3647
DWA