DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Species E: detailing the sensor and trigger choice including at least Fig. 6D detailing the sensing alarm unit fixed by the mount to a ground of the tip up by being fixed to the base of the tip with the unit oriented uprightly relative to the base with its magnetic sensor positioned to detect a magnetic field; and detailing a fourth embodiment of a magnetic sensor trigger magnet arrangement that is a housing configured for carrying at least one sensor trigger magnet and for releasable attachment to one of the spindle bar, crossbar and/or tip up rotary fishing reel drive shaft of an ice fishing tip up; and Sub-species 1: detailing the mounting arrangement choice including at least Figs. 1-5 detailing a sensor carrying alarm unit releasably clamped to a flagpole of an ice fishing tip up fishing apparatus; the embodiment appears to detail a removable mount of a mounting arrangement
removably attached to one end of a housing alarm unit; and a clamp clamped around the flagpole of the fish strike indicator flag of the tip up; and detailing an embodiment of a sensor triggering magnet mounted to the base of the tip up and a magnetic sensor onboard the unit to detect a fish strike during use, in the reply filed on 10/6/2025 is acknowledged.
Claim Objections
The claims are objected to for informalities. Examiner notes independent claim 43 claims “an ice fishing tip-up with a base and a movable component that is configured to moves when a fish” merely as an intended use of the invention (i.e., a sensing alarm unit). Therefore any claim referring to an element of an ice fishing tip-up should clearly reflect the intended use in the claim language. For example, by using “configured to” language. An ice fishing tip-up is not required by the claims. Example suggestions will be indicated in the claim rejections with strike-through text and underlined text. The following amendments below are suggested to improve claim clarity for claims 43, 45-46 and 63, similar corrections are suggested for similar instances in the remaining claims:
Claim 43, lines 6-7: “…at least one magnet configured to be carried by a movable component…”
Claim 45: “…the magnet-carrying housing configured to be mounted to the movable component…”
Claim 46: “…the magnet-carrying housing is configured to be snap-fittingly engaged with the movable component…”
Claim 63, last three lines: “…the processor is configured to detect… and the alarm generated is
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.
Claims 43-71 are rejected are rejected under 35 U.S.C. 112(b).
Specifically, claims 43, 56, 58 and 59 are rejected as there is insufficient basis for the following terms in the claims:
Claim 43, 6th line from the bottom, “the base”
Clam 56, “the MR sensor”
Claims 58 and 59, “the crossbar or spindle bar”
Claims 44-55, 57, 60-71 do not cure the deficiencies. Correction/clarification is required.
Claim 53 recites “wherein the rotary drive shaft is disposed interjacent the magnets”. The claim is indefinite. A fishing apparatus is not claimed as part of the system to which the magnets belong, therefore a rotary drive shaft is hypothetical and cannot be specifically disposed in the system. Correction/clarification is required.
And, claim 66 recites “the fishing apparatus sensing alarm unit of claim 43, wherein the movable component of the ice fishing tip-up comprises a rotary drive shaft, a crossbar or spindle bar fixed to the rotary drive shaft, and an elongate flagpole of the ice fishing tip-up in releasable engagement with one of the rotary drive shaft and the spindle bar or crossbar in a ready position that disengages therefrom during rotation of the rotary drive shaft during a fish strike moving relative to the base toward away from the ready position towards a fish strike indicating position”, which renders the claim indefinite as an ice fishing tip-up has not been required by the invention. Limitations attempting to further limit the alarm system by defining a hypothetical fishing apparatus the system is intended to be used on and is not otherwise positively claimed are indefinite. Claims 67-71 do not cure the deficiency. Correction/clarification is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 43-44, 58-59, 63, and 66 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by West et al. (US 2020/0375167 A1), herein after West.
Regarding claim 43, West discloses a fishing apparatus sensing alarm unit for an ice fishing tip-up that has a base and a movable component that moves when a fish strikes, the fishing apparatus sensing alarm unit (ice fishing bite indicator, Fig. 1; see also §[0060]) comprising:
(a) at least one magnet sensor configured to sense at least one of a magnetic field, a change in magnetic field, a magnetic flux, or a change in magnetic flux associated with at least one magnet configured to be carried by a movable component of an ice fishing tip-up (housing 14 with trigger switch 24, §[0036]);
(b) at least one magnet configured to be carried by the movable component of the ice fishing tip-up and
(c) a processor in communication with the magnetic sensor (circuit, Figs. 6-7); and
wherein the fishing apparatus sensing alarm unit is configured to be mounted to a base of the ice fishing tip-up with the at least one magnetic sensor positioned in sensing proximity to the at least one magnet during movement of the movable component relative to the base (the fishing apparatus sensing alarm unit is structurally configured to perform the intended result); and
wherein the processor is configured to (i) detect movement of the movable component relative to the base through the at least one magnet sensor sensing movement of the at least one magnet, and (ii) generate an alarm (Figs. 6-7; sound source 38, light source 26).
Regarding claim 44, West discloses the fishing apparatus sensing alarm unit of claim 43, wherein when the movable component of the ice fishing tip-up comprises a rotary drive shaft and a crossbar or spindle bar fixed to the rotary drive shaft, the at least one magnet is configured to be carried by one of the rotary drive shaft and the crossbar or spindle bar (Examiner notes the at least one magnet is structurally configured to be carried by a drive shaft or a spindle bar).
Regarding claim 58, West discloses the fishing apparatus sensing alarm unit of claim 43, wherein the at least one magnet is configured to be attached to the crossbar or spindle bar (Examiner notes the at least one magnet is structurally capable of attachment to a cross bar or spindle bar).
Regarding claim 59, West discloses the fishing apparatus sensing alarm unit of claim 43, wherein the at least one magnet comprises a pair of spaced apart magnets configured to be attached to the crossbar or spindle bar (§[0032]: Depending on the magnetic strength of the magnets used and the desired pattern of their influence on the trigger switch, one or more magnets may be used and located adjacent each other or spaced apart accordingly).
Regarding claim 63, West discloses the fishing apparatus sensing alarm unit of claim 43, wherein:
the magnet sensor is configured to be positioned to sense the at least one magnet when the at least one magnet is carried by the movable component of the ice fishing tip-up during movement of the movable component relative to the base indicative of one of a fish strike and a fish taking bait (Examiner notes the magnet sensor is structurally configured to sense the at least one magnet when the at least one magnet is carried by a movable component of the ice fishing component relative to a base indicative of one of a fish strike and a fish taking bait),
the processor is configured to detect whether one of a fish strike and a fish taking bait has occurred (§[0053], Figs. 6-7), and
the alarm generated is indicative of one of a fish strike and a fish taking bait (“fish bite indicator”: light source 26, sound source 38; §[0053]).
Regarding claim 66, West discloses the fishing apparatus sensing alarm unit of claim 43, wherein the movable component of the ice fishing tip-up comprises a rotary drive shaft, a crossbar or spindle bar fixed to the rotary drive shaft, and an elongate flagpole of the ice fishing tip-up in releasable engagement with one of the rotary drive shaft and the spindle bar or crossbar in a ready position that disengages therefrom during rotation of the rotary drive shaft during a fish strike moving relative to the base toward away from the ready position towards a fish strike indicating position (Examiner notes the 112b associated with this portion of the claim), and
wherein the alarm unit further comprises a mounting arrangement configured for releasable mounting to the base of the ice fishing tip-up and to the movable component of the ice fishing tip-up (mounting arrangement 16).
Claims 43-44, and 63-71 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blackadar et al. (US 2018/0295828), hereinafter Blackadar.
Regarding claim 43, Blackadar discloses a fishing apparatus sensing alarm unit for an ice fishing tip-up that has a base and a movable component that moves when a fish strikes, the fishing apparatus sensing alarm unit (recreation monitoring platform, RMP, Fig. 1, §[0083]) comprising:
(a) at least one magnet sensor configured to sense at least one of a magnetic field, a change in magnetic field, a magnetic flux, or a change in magnetic flux associated with at least one magnet configured to be carried by a movable component of the an ice fishing tip-up (SESD 2000, “sensing device”, §[0083]: magnetometers; §[0175]: Hall effect sensor with magnet, AESD 2002, §[0085]);
(b) at least one magnet configured to be carried by the movable component of the ice fishing tip-up and which moves substantially in unison therewith (sensor 2200, 2500; magnet, §§ [0083], [0175]);
(c) a processor in communication with the magnetic sensor (processor 3000, Fig. 1, §[0087]); and
wherein the fishing apparatus sensing alarm unit is configured to be mounted to the a base of the ice fishing tip-up with the at least one magnetic sensor positioned in sensing proximity to the at least one magnet during movement of the movable component relative to the base (the fishing apparatus sensing alarm unit is structurally configured to be mounted to a base of an ice fishing tip-up with the SESD positioned in sensing proximity to the at least one magnet during movement of a movable component relative to the SESD and therefore the base as is evidenced by at least §[0175] and §§ [0383]-[0384]); and
wherein the processor is configured to (i) detect movement of the movable component relative to the base through the at least one magnet sensor sensing movement of the at least one magnet (§[0087]), and (ii) generate an alarm (§[0010]: output facility, display, speaker or other; §[0069], lighting elements).
Regarding claim 44, Blackadar discloses the fishing apparatus sensing alarm unit of claim 43, wherein when the movable component of the ice fishing tip-up comprises a rotary drive shaft and a crossbar or spindle bar fixed to the rotary drive shaft, the at least one magnet is configured to be carried by one of the rotary drive shaft and the crossbar or spindle bar (Examiner notes the at least one magnet is structurally configured to be carried by a drive shaft or a spindle bar).
Regarding claim 63, Blackadar discloses the fishing apparatus sensing alarm unit of claim 43, wherein:
the magnet sensor is configured to be positioned to sense the at least one magnet when the at least one magnet is carried by the movable component of the ice fishing tip-up during movement of the movable component relative to the base indicative of one of a fish strike and a fish taking bait (Examiner notes the magnet sensor is structurally configured to sense the at least one magnet when the at least one magnet is carried by a movable component relative to a base indicative of one of a fish strike and a fish taking bait, as is evidenced by at least §§ [0009], [0084], [0098], [0167]),
the processor is configured to detect whether one of a fish strike and a fish taking bait has occurred (§[0087]), and
the alarm generated is indicative of one of a fish strike and a fish taking bait (§[0010]: output facility, display, speaker or other; §[0069], lighting elements).
Regarding claim 64, Blackadar discloses the fishing apparatus sensing alarm unit of claim 43, wherein the magnet sensor is configured to be positioned to sense the at least one magnet when the at least one magnet is carried by a movable component of the ice fishing tip-up during rotary movement of the movable component relative to the base of the ice fishing tip-up indicative of one of a fish strike and a fish taking bait (Examiner notes the magnet sensor is structurally configured to be positioned to sense the at least one magnet carried by a movable component, during rotary movement of the movable component relative to a base indicative of a fish strike or fish taking bait, as is evidenced by at least §§ [0009], [0084], [0098], [0167]) and
the processor is configured to detect a number of rotations of the movable component by detecting the at least one magnet passing by the at least one magnet sensor during rotary movement of the movable component relative to the base of the ice fishing tip-up (§[0175]: a Hall effect sensor may be placed on the outside of a reel with a small magnet on the inside to count rotations of the reel and precise RPMs. If there is separation from the AESD, a super magnet may be preferred. This may connect to the AESD 2002 for instantaneous or near-instantaneous data fusion, or may be transmitted to a cell phone, smart watch or other device for data fusion with the sensor data).
Regarding claim 65, Blackadar discloses the fishing apparatus sensing alarm unit of claim 44, wherein the magnet sensor is configured to be positioned to sense the at least one magnet when the at least one magnet is carried by one of the rotary drive shaft and the crossbar or spindle bar for rotation in unison therewith during rotation of the rotary drive shaft and crossbar or spindle bar relative to the base of the ice fishing tip-up indicative of one of a fish strike and a fish taking bait (Examiner notes the magnet sensor is configured to be positioned to sense the at least one magnet when the at least one magnet is carried by a rotary drive shaft or a crossbar or a spindle bar for rotation in unison therewith during rotation of the rotary drive shaft and crossbar or spindle bar relative to a base indicative of one of a fish strike and a fish taking bait, as is evidenced by at least §§ [0009], [0084], [0098], [0167]), and
wherein the processor is configured to detect a number of rotations of one of the rotary drive shaft and the spindle bar or crossbar by detecting the at least one magnet passing by the at least one magnet sensor during rotary movement of the rotary drive shaft and crossbar or spindle bar relative to the base of the ice fishing tip-up (§[0175]: a Hall effect sensor may be placed on the outside of a reel with a small magnet on the inside to count rotations of the reel and precise RPMs. If there is separation from the AESD, a super magnet may be preferred. This may connect to the AESD 2002 for instantaneous or near-instantaneous data fusion, or may be transmitted to a cell phone, smart watch or other device for data fusion with the sensor data).
Regarding claim 66, Blackadar discloses the fishing apparatus sensing alarm unit of claim 43, wherein the movable component of the ice fishing tip-up comprises a rotary drive shaft, a crossbar or spindle bar fixed to the rotary drive shaft, and an elongate flagpole of the ice fishing tip-up in releasable engagement with one of the rotary drive shaft and the spindle bar or crossbar in a ready position that disengages therefrom during rotation of the rotary drive shaft during a fish strike moving relative to the base toward away from the ready position towards a fish strike indicating position (Examiner notes the 112b associated with this portion of the claim), and
wherein the alarm unit further comprises a mounting arrangement configured for releasable mounting to the base of the ice fishing tip-up and to the movable component of the ice fishing tip-up (mounting arrangements, Figs. 25-49).
Regarding claim 67, Blackadar discloses the fishing apparatus sensing alarm unit of claim 66, wherein the mounting arrangement comprises a clamp configured for releasably attaching the fishing apparatus sensing alarm unit to the flagpole of the ice fishing tip-up in a manner that enables movement of the fishing apparatus sensing alarm unit in unison with the flagpole from the ready position towards the fish strike indicating position (c-clamp hinge, Fig. 5; Fig. 25A; and 3102, Figs. 31A-31B).
Regarding claim 68, Blackadar discloses the fishing apparatus sensing alarm unit of claim 67, further comprising at least one motion sensor configured for sensing at least one of a position, a change in position, an angle, a change in angle, an orientation, a change in orientation, a movement, a change in movement, a velocity, an acceleration, a jerk or a jerk factor, a rotation, a change in rotation, a rotational angle, a change in rotational angle, a number of rotations, a number of rotations per unit time, a number of rotations per minute, an angular velocity, an angular acceleration, and an angular jerk or an angular jerk factor of the movable component during movement of the movable component relative to the base of the ice fishing tip-up during a fish strike or a fish taking bait (additional sensors 2210; §[0168]: the angling sensor 2210 may detect motion related events, such as that associated with a user casting a rod. The motion of a user moving the rod during a cast, for example as indicated by the speed of rod motion, the duration of rod motion, the distance of rod motion, or some other motion related variable, may cause the angling sensor 2210 to transmit the motion data to the application in the AESD).
Regarding claim 69, Blackadar discloses the fishing apparatus sensing alarm unit of claim 68, wherein the at least one motion sensor comprises one of an accelerometer, a gyro, an angular rate sensor, a magnetometer, an Inertial Measurement Unit (IMU) sensor, or a Heading Reference Unit (HRU) sensor (§[0168]: the angling sensor 2210 may be an accelerometer, gyro, magnetometer, and the like).
Regarding claim 70, Blackadar discloses the fishing apparatus sensing alarm unit of claim 68, wherein the at least one motion sensor comprises a plurality of motion sensors (see §[0007]; additional sensors per §[0168], i.e., the angling sensor 2210 may be an accelerometer, gyro, magnetometer, and the like. An angling sensor 2210 may also include a light sensor including, optical sensors, and/or UV sensors. An angling sensor 2210 may also include a sound sensor, including, but not limited to, a microphone, and/or a decibel meter).
Regarding claim 71, Blackadar discloses the fishing apparatus sensing alarm unit of claim 70, wherein each motion sensor comprises one of an accelerometer, a gyro, an angular rate sensor, a magnetometer, an Inertial Measurement Unit (IMU) sensor, or a Heading Reference Unit (HRU) sensor (Examiner notes each motion sensor can comprise one of an accelerometer, a gyro, an angular rate sensor, a magnetometer, an Inertial Measurement Unit (IMU) sensor, or a Heading Reference Unit (HRU) sensor, as is evidenced by at least §[0007]: Sensors may be adapted to monitor, detect, record, generate, compute, store, and send data associated with the use of a sporting good and/or the environment in proximity to the sporting good, or the environment in which use of the sporting good is anticipated. Sensors may include, but are not limited to, motion sensors, optical sensors, sound sensors, piezo-electric sensors, strain or flex sensors, magnetometers, gyros, accelerometers, GPS, still cameras, video cameras, infrared cameras, and the like. With more particular reference to sensors, these sensors are external to the sensing device and include environmental sensors that may generate data indicative of an environmental parameter in proximity to the sensing device or an environmental parameter of a location where a sensing device is anticipated to be used, such as in the case of the sport of angling, the conditions of a body of water. Environmental sensors may include, but are not limited to, UV sensors, thermometers, barometric pressure sensors, conductivity sensors, pH sensors, and water gauges. Embodiments related to certain sports will be described below along with descriptions of the relevant sporting events to be detected and/or identified, sensors, and any other information or components related to those embodiments. The recreation monitoring platform may include, but is not limited to, an angling apparatus to identify angling events, the apparatus comprising a fishing rod and a reel adapted to be secured to the fishing rod, an angling event sensing device adapted to be secured to the fishing rod and comprising at least one sensor to generate data indicative of a parameter of the rod or reel when the rod or reel is in use, and at least one processor in communication with the angling event sensing device programmed to identify an angling event based on the data indicative of a parameter of the rod or reel).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 45 and 60-62 are rejected under 35 U.S.C. 103 as being unpatentable over West as applied to claim 44, and further, in view of Olson et al., (US 2014/0090287 A1, hereinafter Olson.
Regarding claim 45, West discloses the fishing apparatus sensing alarm unit of claim 44, but does not appear to specifically disclose a magnet-carrying housing carrying the at least one magnet, configured to be mounted to the movable component of the ice fishing tip-up.
However, Olson teaches a magnet carrying-housing for a magnet in a fish strike indicator that is configured to be mounted to a movable component of an ice-fishing tip-up (magnet holder 32, Fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the fishing apparatus alarm sensing unit disclosed by West with the magnet carrying housing as taught by Olson, with a reasonable expectation of success, so that the unit comprises the magnet-carrying housing carrying the at least one magnet. The benefit being the capability to adjust the number of magnets within the carrying housing and therefore the magnetic field effective range as is necessary for use with each intended fishing apparatus (Olson, §[00436]).
Regarding claim 60, West discloses the fishing apparatus sensing alarm unit of claim 59, but does not appear to specifically disclose a magnet-carrying housing carrying the pair of spaced apart magnets and configured to releasably attach
However, Olson teaches a magnet-carrying for carrying a pair of spaced apart magnets in a fish strike indicator that is configured to be mounted to fishing apparatus (magnet holder 32, Fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the fishing apparatus alarm sensing unit disclosed by West with the magnet carrying housing as taught by Olson, with a reasonable expectation of success, so that the unit comprises the magnet-carrying housing carrying the pair of spaced apart magnets and configured to releasably attach the pair of spaced apart magnets to the cross bar or spindle bar of a fishing apparatus. The benefit being the capability to adjust the number of magnets within the holder and the spacing between a pair of them and therefore the magnetic field effective range as is necessary for use with each intended fishing apparatus (Olson, §[00436]).
Regarding claims 61 and 62, modified West discloses the fishing apparatus sensing alarm unit of claim 60, but does not appear to specifically disclose wherein the magnet-carrying housing is configured to orient each one of the pair of spaced apart magnets with its north-south extent generally parallel with the crossbar or spindle bar; and wherein the magnet-carrying housing positions each one of the pair of spaced apart magnets alongside the crossbar or spindle bar. (Examiner notes West discloses placing an appropriate pole of the at least one magnet in close proximity to the sensor, §[0045]; Likewise the housing of the at least one magnet would naturally be structurally capable of being oriented in a similar fashion; Additionally, in §§ [0057] and [0060], West discloses: the fisherman mounts the alert device such that the trigger switch is positioned in a path of movement of the movement indicator actuator and in a position relative to the movement indicator actuator… it will be appreciated that an ice fishing bite indicator alert device in accordance with the present disclosure may be provided in various configurations. Any variety of suitable materials of construction, configurations, shapes and sizes for the components and methods of connecting the components may be utilized to meet the particular needs and requirements of an end user. It is to be understood that the invention is not to be limited to the examples disclosed herein, but rather, is intended to cover various modifications and equivalent arrangements included within the spirit and scope of the appended claims. Thus, the description and drawings should be considered illustrative and not restrictive of the invention, which is limited only by the appended claims and their legal equivalents).
While modified West does not specifically teach each of the configurations of the unit on an ice-fishing tip-up in claims 61-62, the magnets and magnet carrying house are/is structurally capable of the configurations and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have arranged the at least one magnet and therefore magnet-carrying housing with its north-south extent generally transverse to one of the rotary drive shaft and the crossbar or spindle bar, or with its north-south extent thereof generally parallel with the spindle bar or crossbar, or with the at least one magnet alongside the spindle bar or crossbar, or with the at least one magnet with its north-south extent thereof generally parallel to and disposed alongside the spindle bar or crossbar; with a reasonable expectation of success, as best suits the particular needs of the application of the invention, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. The benefit being the ability to choose an arrangement that best suits the intended use of the system based on the particular fishing apparatus it is being used on. Examiner notes there does not appear to be any criticality to the arrangement chosen as is evidenced by the number of embodiments claimed by Applicant.
Claims 46-56 are rejected under 35 U.S.C. 103 as being unpatentable over modified West as applied to claim 45, and further, in view of Shogan (4,214,394).
Regarding claim 46, modified West discloses the fishing apparatus sensing alarm unit of claim 45, but does not appear to specifically disclose wherein the magnet-carrying housing is of snap-fit construction configured for snap-fit engagement with the movable component of the ice fishing tip-up, and configured to be snap-fittingly engaged with the movable component of the ice fishing tip-up mounting the at least one magnet thereto.
However, Shogan teaches a snap on clip that is configured for snap fit engagement with a movable component of a fishing device (46, Fig. 2), in the field of fishing device alarms.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the fishing apparatus sensing alarm unit disclosed by modified West with the snap on clip for snap-fit engagement between components as taught by Shogan, with a reasonable expectation of success, so that the magnet-carrying housing is of snap-fit construction configured for snap-fit engagement with the movable component of the ice fishing tip-up, and configured to be snap-fittingly engaged with the movable component of the ice fishing tip-up mounting the at least one magnet thereto. The benefit being the predicted outcome of a reliable means of releasable attachment of the carrying housing to the most beneficial area of the fishing device, interchangeably if so desired, as is determined beneficial during specific applications (Shogan, last paragraph).
Regarding claims 47-50, modified West discloses the fishing apparatus sensing alarm unit of claim 46, wherein the magnet-carrying housing is configured to orient the at least one magnet with its north-south extent generally transverse to one of the rotary drive shaft and the crossbar or spindle bar (Examiner notes West discloses placing an appropriate pole of the at least one magnet in close proximity to the sensor, §[0045]; Likewise the housing of the at least one magnet would naturally be structurally capable of being oriented in a similar fashion; Additionally, in §§ [0057] and [0060], West discloses: the fisherman mounts the alert device such that the trigger switch is positioned in a path of movement of the movement indicator actuator and in a position relative to the movement indicator actuator… it will be appreciated that an ice fishing bite indicator alert device in accordance with the present disclosure may be provided in various configurations. Any variety of suitable materials of construction, configurations, shapes and sizes for the components and methods of connecting the components may be utilized to meet the particular needs and requirements of an end user. It is to be understood that the invention is not to be limited to the examples disclosed herein, but rather, is intended to cover various modifications and equivalent arrangements included within the spirit and scope of the appended claims. Thus, the description and drawings should be considered illustrative and not restrictive of the invention, which is limited only by the appended claims and their legal equivalents).
While modified West does not specifically teach each of the configurations of the unit on an ice-fishing tip-up in claims 47-50, the magnet and magnet carrying house is structurally capable of the configurations and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have arranged the at least one magnet and therefore magnet-carrying housing with its north-south extent generally transverse to one of the rotary drive shaft and the crossbar or spindle bar, or with its north-south extent thereof generally parallel with the spindle bar or crossbar, or with the at least one magnet alongside the spindle bar or crossbar, or with the at least one magnet with its north-south extent thereof generally parallel to and disposed alongside the spindle bar or crossbar; with a reasonable expectation of success, as best suits the particular needs of the application of the invention, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. The benefit being the ability to choose an arrangement that best suits the intended use of the system based on the particular fishing apparatus it is being used on. Examiner notes there does not appear to be any criticality to the arrangement chosen as is evidenced by the number of embodiments claimed by Applicant.
Regarding claim 51, modified West discloses the fishing apparatus sensing alarm unit of claim 46, wherein the at least one magnet is a single magnet (18).
Regarding claim 52, modified West discloses the fishing apparatus sensing alarm unit of claim 46, wherein the at least one magnet comprises a pair of magnets (§[0032], depending on the magnetic strength and the desired pattern of their influence on their trigger stitch, one or more magnets maybe used).
Regarding claims 53-54, the claims are rejected in light of modified West in the same manner as claims 47-50 are rejected, as claims 53-54 respectively depend from claim 52.
Regarding claim 55, modified West discloses the fishing apparatus sensing alarm unit of claim 52, wherein the at least one magnet sensor comprises a pair of magnet sensors (Examiner notes the instance where a housing is associated with each line of multiple lines, §[0049]).
Regarding claim 56, modified West discloses the fishing apparatus sensing alarm unit of claim 52, wherein the at least one magnet sensor comprises a magnetoresistance sensor (solid state magnetic sensor, §[0010]).
Claims 57 are rejected under 35 U.S.C. 103 as being unpatentable over modified West as applied to claim 55, and further, in view of Jones (GB 2583016).
Regarding claim 57, modifies West discloses the fishing apparatus sensing alarm unit of claim 55, but does not appear to specifically disclose wherein the MR sensor comprises a tunneling magnetoresistance (TMR) sensor.
However, Jones teaches a fishing bite indicator specifically comprising a tunnel magnetoresistance sensor (18).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the fishing apparatus sensing alarm unit disclosed by modified West with the TMR as taught by Jones, with a reasonable expectation of success, so that the at least one magnet sensor comprises the TMR sensor. The benefit being a much smaller package size, excellent thermal stability and better sensitivity whilst consuming only a few micro amps of current (Jones, pg. 10, line 12).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 43-44, 58, and 66-69 are provisionally rejected under the judicially created doctrine of double patenting as being directed to the same invention as set forth in claims 1-on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of co-pending Application No. 17/980,550. See In re Thorington, 418 F.2d 528,163 USPQ 644 (CCPA 1969). The claims are anticipated by 17/980,550 in the following manner:
Claim 43, 63 and 66 is anticipated by at least claim 27 of ‘550.
Claims 44 and 58, is anticipated by claim 28 of ‘550 as it depends from claim 27.
Claims 67-69 is anticipated by claim 38 of ‘550 as it depends from claim 27.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Nozzarella (US 2009/0139130 A1) teaches a tip-up notification system for ice fishing. Williamson (US 3918191) teaches a clamp for attaching an alarm to a fishing apparatus.
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/S.D.G./Examiner, Art Unit 3642
/MAGDALENA TOPOLSKI/Primary Examiner, Art Unit 3642