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 .
Claims 1-19 are currently pending.
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 1-9 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 1 is indefinite because it is unclear if “a lid and a body of a container” as recited in line 5 is being required as a part of the system. One of ordinary skill in the art would not be able to reasonably ascertain the metes and bounds of the claimed subject matter.
In view of the rejections above under 35 USC § 112, the claims referred to in any and all rejections below are rejected as best understood. Claims 2-9 depending on rejected claim 1 above are rejected the same.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (KR 20090012559 U), hereafter referred to as “Kim.”
Regarding claim 1, Kim discloses a fishing rod holder assembly (1, 2, 3; figs. 1-7) for coupling with a fishing platform of a fishing rod management system (e.g., a boat; see attached machine translation on pages 1-2), the rod holder assembly comprising:
a fishing rod holder device (2, 3) configured for holding a fishing rod (fig. 1); and
a lid mounting plate (1) attached to the fishing rod holder device (fig. 1), the lid mounting plate including a flange (fig. 5 showing multiple flanges extending from elements 101 and 102) being held between a lid and a body of a container of the fishing platform so as to mount the fishing rod holder assembly to the fishing platform (figs. 1 and 5 showing the flanges extending from 101 and 102 are attached to be held to a surface like a lid).
Regarding claim 2, Kim discloses the fishing rod holder assembly according to claim 1, and further teaches that the fishing rod holder device includes a rod holder plate (a first element 203; fig, 1) and a rod holder support plate (a second element 203; fig. 1) attached to the rod holder plate (fig. 1), the rod holder plate defining a first array of openings (elements 203c on the first element 203; fig. 1), the rod holder support plate defining a second array of openings (elements 203c on the second element 203) which are aligned with the first array of openings (fig. 1), the first array of openings and the second array of openings being configured for selectively receiving therein the fishing rod so as to hold the fishing rod therein (machine translation, page 7, lines 6-11, and further note when a fishing rod is placed within the holder 3 the fishing rod is capable of extending all the way within the holder 3. This would position the fishing rod between the openings 203, 203c and thus such openings 203, 203c would then receive the fishing rod therein).
Regarding claim 3, Kim discloses teaches the fishing rod holder assembly according to claim 2, and further discloses that the rod holder plate (2) has a first plurality of holes (a first set of holes 201b extending around the front of element 201 in figs. 1-2) aligned in a first arc (figs. 1-2) and a second plurality of holes (a second set of holes 201b extending around the back of element 201 in figs. 1-2) aligned in a second arc (figs. 1-2).
Regarding claim 4, Kim discloses the fishing rod holder assembly according to claim 3, and further discloses that the first arc and the second arc together are two portions of a circular arrangement (figs. 1-2 showing that the first and second set of elements 201b form a circular arrangement).
Regarding claim 5, Kim discloses the fishing rod holder assembly according to claim 4, and further discloses that the rod holder plate (2) has a hole (201a) at a center of the circular arrangement (201b; figs. 1-2).
Regarding claim 6, Kim discloses the fishing rod holder assembly according to claim 5, and further discloses that the lid mounting plate (1) has a plurality of holes (103; fig. 2) including a first hole and a second hole spaced at a distance apart equal to a diameter of the circular arrangement (fig. 2 showing multiple sets of oppositely disposed elements 103 that are spaced apart at a distance equal to the diameter of the circular arrangement of 102b).
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Annotated and truncated Figure 2 of Kim.
Regarding claim 7, Kim discloses the fishing rod holder assembly according to claim 6, and further discloses that the lid mounting plate (1) additionally has a third hole (102; fig. 2), with the first hole, the second hole and the third hole are linearly aligned (see, e.g., the first, second, and third holes with a dotted line in annotated figure 2 above).
Regarding claim 8, Kim discloses the fishing rod holder assembly according to claim 7, and further discloses wherein the linearly aligned holes (see annotated figure 2 above) are parallel to an alignment of the flange (101, 102 in fig. 5; the plane formed by the linearly aligned holes are parallel to an alignment of the plane formed by the bottom surface of 101 or 102; fig. 5).
Regarding claim 9, Kim discloses the fishing rod holder assembly according to claim 8, and further discloses two fasteners (4; fig. 5) extending through two of the holes in the rod holder plate (201 of element 2; fig. 5) and two of the holes in the lid mounting plate (1; fig. 5).
Claims 10 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Norman (US 20130025180 A1), hereafter referred to as “Norman.”
Regarding claim 10, Norman discloses a fishing rod management system (figs. 1-5) comprising:
a fishing platform (figs. 1-3) having a container (11) with a body (figs. 1-3 and paragraph [0033]) and a lid (21) connected to the body (figs. 1-3);
a fishing rod holder assembly (24, 26) coupled to the fishing platform (figs. 1-3), the rod holder assembly comprising:
a fishing rod holder device (24) configured for holding a fishing rod (figs. 1-3); and
a lid mounting plate (26) attached to the fishing rod holder device (fig. 4B), the lid mounting plate including a flange (26) held between the lid and the body of the container of the fishing platform (figs. 1-3) so as to mount the fishing rod holder assembly to the fishing platform (figs. 1-3).
Regarding claim 19, Norman discloses a fishing rod management system (figs. 1-5) comprising:
a fishing platform (figs. 1-3) having a container (11) with a body (figs. 1-3 and paragraph [0033]) and a lid (21) connected to the body (figs. 1-3);
a fishing rod holder assembly (24, 26) coupled to the fishing platform (figs. 1-3), the rod holder assembly comprising:
a fishing rod holder device (24) configured for holding a fishing rod (figs. 1-3); and
a lid mounting plate (26) attached to the fishing rod holder device (fig. 4B), the lid mounting plate including a flange (26) configured for being held between the lid and the body of the container of the fishing platform (figs. 1-3) so as to mount the fishing rod holder assembly to the fishing platform (figs. 1-3).
Claims 10 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stokes (US 9913464 B1), hereafter referred to as “Stokes.”
Regarding claim 10, Stokes discloses a fishing rod management system (figs. 1-9C) comprising:
a fishing platform (100) having a container (100) with a body (104) and a lid (108) connected to the body (fig. 6A);
a fishing rod holder assembly (200) coupled to the fishing platform (figs. figs. 2-7), the rod holder assembly comprising:
a fishing rod holder device (200; figs. 2-5) configured for holding a fishing rod (figs. 2-7); and
a lid mounting plate (304, 204) attached to the fishing rod holder device (figs. 2-5), the lid mounting plate including a flange (300) held between the lid and the body of the container of the fishing platform (figs. 2-7 and col. 6, lines 25-41) so as to mount the fishing rod holder assembly to the fishing platform (figs. 2-7 and col. 6, lines 25-41).
Regarding claim 19, Stokes discloses a fishing rod management system (figs. 1-9C) comprising:
a fishing platform (100) having a container (100) with a body (104) and a lid (108) connected to the body (fig. 6A);
a fishing rod holder assembly (200) coupled to the fishing platform (figs. figs. 2-7), the rod holder assembly comprising:
a fishing rod holder device (200; figs. 2-5) configured for holding a fishing rod (figs. 2-7); and
a lid mounting plate (304, 204) attached to the fishing rod holder device (figs. 2-5), the lid mounting plate including a flange (300) configured for being held between the lid and the body of the container of the fishing platform (figs. 2-7 and col. 6, lines 25-41) so as to mount the fishing rod holder assembly to the fishing platform (figs. 2-7 and col. 6, lines 25-41).
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.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Stokes as applied to claim 10 above, and further in view of Norman (US 20150150231 A1), hereafter referred as “Norman”.
Regarding claim 11, Stokes teaches the fishing rod management system according to claim 10, and Stokes further teaches that the fishing rod holder device includes a rod holder compartment 202, but does not explicitly teach that the rod holder compartment includes a rod holder plate and a rod holder support plate attached to the rod holder plate, the rod holder plate defining a first array of openings, the rod holder support plate defining a second array of openings which are aligned with the first array of openings, the first array of openings and the second array of openings being configured for selectively receiving therein the fishing rod so as to hold the fishing rod therein.
Norman teaches a system (figs. 1-7) including a fishing rod holder device (30) including a rod holder plate (37) and a rod holder support plate (35) attached to the rod holder plate (fig. 6), the rod holder plate defining a first array of openings (38), the rod holder support plate defining a second array of openings (36) which are aligned with the first array of openings (fig. 6), the first array of openings and the second array of openings being configured for selectively receiving therein the fishing rod so as to hold the fishing rod therein (fig. 6).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Stokes, such that the rod holder device includes a rod holder plate and a rod holder support plate attached to the rod holder plate, the rod holder plate defining a first array of openings, the rod holder support plate defining a second array of openings which are aligned with the first array of openings, the first array of openings and the second array of openings being configured for selectively receiving therein the fishing rod so as to hold the fishing rod therein, as taught by Norman, in order to provide improve stability of the rods when stored by holding the rods at two places along the length of the rod rather than one (paragraph [0042] and fig. 7).
Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Stokes in view of Norman as applied to claim 11 above, and further in view of McCann et al. (US D347678 S), hereafter referred as “McCann”.
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Annotated Figure 6 of McCann.
Regarding claim 12, Stokes in view of Norman teaches the fishing rod management system according to claim 11, but does not explicitly teach that the rod holder plate has a first plurality of holes aligned in a first arc and a second plurality of holes aligned in a second arc.
McCann teaches a system (figs. 1-11) including a rod holder plate (see annotate fig. 6 of McCann above) including a first plurality of holes aligned in a first arc (a first set of holes; fig. 6) and a second plurality of holes aligned in a second arc (a second set of holes, fig. 6).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Stokes in view of Norman, such that the rod holder plate has a first plurality of holes aligned in a first arc and a second plurality of holes aligned in a second arc, as taught by McCann, in order to allow a user to further adjust the position of the stored rod.
Regarding claim 13, the combined teachings of Stokes in view of Norman and McCann teaches the fishing rod management system according to claim 12, and further teaches that the first arc and the second arc together are two portions of a circular arrangement (as relied on annotated figure 6 of McCann above).
Regarding claim 14, the combined teachings of Stokes in view of Norman and McCann the fishing rod management system according to claim 13, and further teaches that the rod holder plate has a hole at a center of the circular arrangement (as relied on annotated figure 6 of McCann above).
Claims 15- are rejected under 35 U.S.C. 103 as being unpatentable over Stokes in view of Norman and McCann as applied to claim 14 above, and further in view of Kim.
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Annotated Figure 4 of McCann.
Regarding claim 15, Stokes in view of Norman and McCann the fishing rod management system according to claim 14, but does not explicitly teach that the lid mounting plate has a plurality of holes including a first hole and a second hole spaced at a distance apart equal to a diameter of the circular arrangement.
McCann further teaches that a mounting plate (see annotate figure 4 of McCann above) has a plurality of holes (annotate figure 4 above showing two holes through which attachments are placed through the mounting plate) including a first hole and a second hole (annotated figure 6).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Stokes in view of Norman and McCann, such that the lid mounting plate has a plurality of holes including a first hole and a second hole, as further taught by McCann, in order to securely fasten the rod holder plate and lid mounting plate in a manner that allows tilting of the rod holder when positioned on the system.
Kim teaches a system (1, 2, 3; figs. 1-7) including a mounting plate (1) that has a plurality of holes (103; fig. 2) including a first hole and a second hole spaced at a distance apart equal to a diameter of a circular arrangement of openings (fig. 2 showing multiple sets of oppositely disposed elements 103 that are spaced apart at a distance equal to the diameter of the circular arrangement of 102b).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Stokes in view of Norman and McCann, such that the first hole and the second hole are spaced at a distance apart equal to a diameter of the circular arrangement, as taught by Kim, in order to further expand the range of tilt of positioning the rod.
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Annotated and truncated Figure 2 of Kim.
Regarding claim 16, the combined teachings of Stokes in view of Norman, McCann, and Kim teaches the fishing rod management system according to claim 15, and further teaches that the lid mounting plate (304, 204) additionally has a third hole (102; fig. 2 as relied on Kim), with the first hole, the second hole and the third hole are linearly aligned (see, e.g., the first, second, and third holes with a dotted line in annotated figure 2 above of Kim).
Regarding claim 17, the combined teachings of Stokes in view of Norman, McCann, and Kim teaches the fishing rod management system according to claim 16, and further teaches that the linearly aligned holes (as relied on annotated figure 2 of Kim above) are parallel to an alignment of the flange (300 of Stokes; fig. 3 of Stokes and fig. 4 of McCann).
Regarding claim 18, the combined teachings of Stokes in view of Norman, McCann, and Kim teaches the fishing rod management system according to claim 17, and McCann further teaches two fasteners (fig. 4) extending through two of the holes in the rod holder plate and two of the holes in the lid mounting plate (see annotated figure 4 of McCann provided above).
Response to Arguments
Applicant's arguments filed 11/12/2025 have been fully considered but they are not persuasive and/or 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.
Applicant argues that Kim does not disclose “a flange being held between a lid and a body of a container of the fishing platform”.
As addressed above, it is unclear if the container recited is being required in the system (see 112(b) rejection above), as the container is not positively recited. Kim teaches a flange that is capable of being held between a lid and body of container, as best understood.
Regarding independent claims 10 and 19, Stokes teaches each and every limitation as shown above.
Conclusion
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 extension fee 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 date of this final action.
The cited prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure. The references have many of the elements in the applicant’s disclosure and claims.
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/H.J.B./Examiner, Art Unit 3643
/MARISA V CONLON/Primary Examiner, Art Unit 3643