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 .
This document is responsive to applicant’s Election/Restriction response filed 9/25/2025.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-3, in the reply filed on 9/25/2025 is acknowledged.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Bright Stix, https://www.facebook.com/BRIGHTSTIXLED/ in view of https://fishingminnesota.com/forums/topic/103437-best-lighted-floatbobber/, hereinafter fishing Minnesota.
Regarding claim 1, Bright Stix discloses:
The invention, in combination, comprising: a fishing bobber, the attachment including a battery-powered light (see figures).
Bright Stix does not explicitly disclose: the attachment removably secured to the fishing bobber, wherein the removably secured attachment is removably secured to the bobber by tape.
Fishing Minnesota teaches attaching a light to a fishing float utilizing tape. It would have been obvious to one of ordinary skill in the art at the time of filing to utilizing the teaching of taping a light onto a fishing float where Bright Stix is silent to attachment yielding the predictable result of providing a means to use the product of Bright Stix as intended for lighting a float.
Regarding claim 2, Bright Stix as modified discloses:
The invention of claim I wherein the attachment further includes: an LED bulb; a battery socket with a battery held therein, the LED bulb operatively connected to the battery socket via electrical connectors; a waterproof sleeve extending between the LED bulb and the battery socket to provide a waterproof enclosure therefore; and a waterproof tube extending upwardly from the waterproof sleeve and holding the LED bulb therein, with a cap located at a top end of the tube to prevent water ingress (see figures of Bright Stix).
Regarding claim 3, Bright Stix as modified discloses:
The invention of claim 2 wherein the waterproof tube is transparent (see figures of Bright Stix).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is found in the Notice of Reference Cited (PTO-892).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD G DAVIS whose telephone number is (571)270-5005. The examiner can normally be reached Mon-Thurs 8am-6:00pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Collins can be reached on 571-272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RICHARD G DAVIS/Primary Examiner, Art Unit 3644