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Claims 1-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group and Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/16/2025.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “524” has been used to designate both the stem 524 (see Figs. 22-23 & para. 0058; this structure being denoted by number 524 in Figs. 22-23 is similar to the stem 124 of split coupler 122 shown in Figs. 1, 2, 6, & 7 and as discussed in para. 0058 of the present specification) and upper translation hole 524 (see Fig. 25 & paras. 0086-87 of the present specification). 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. 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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 15-20 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 15, line 2, the term “a distal section of a fishing rod” renders the claim vague and indefinite since the distal section of the fishing rod is a part of the same fishing rod that the “proximal handle section” recited at lines 1-2 is a part of. Therefore, the term should be rewritten as --a distal section of the fishing rod--.
In regard to claim 15, line 12, the term “the distal end of the fishing rod” lacks positive antecedent basis. Possibly this term should be rewritten as --the distal section of the fishing rod--.
In regard to claim 15, lines 14-15, the phrase “the coupler is oriented at an angle to the long axis of the distal section of the fishing rod” renders the claim vague and indefinite since while a rearward portion of the coupler 522 including the mating lower pivot hole 523 and upper translation hole 524 is oriented at an angle to the long axis of the distal section 510 of the fishing rod, the forward portion of the split coupler 522 including the stem 524 (similar to stem 124 in Figs. 1, 2, 6, & 7) which couples to the coupler 516 is actually in alignment with the long axis of the distal section 510 of the fishing rod as shown in Figs. 21-22. At best, only a portion of the coupler is oriented at an angle to the long axis of the distal section of the fishing rod.
In regard to claim 17, the phrase “the bolt having a threaded nut on one end and a head on the opposite end” renders the claim vague and indefinite since the bolt 559 passes through the end plate 554, spacer/washer 567, and is connected to the screw/bolt 565 at one end of the bolt and the head 561 of the bolt 559 is at the opposite end of the bolt, but there is no nut threaded onto any end of the bolt 559 (see paragraph 0089 of the present specification which does not mention any nut).
In regard to claim 18, the phrase “the area between the nut and head is adjustable by rotation of the nut relative to the bolt” renders the claim vague and indefinite since there is no nut being rotated relative to bolt 559 to adjust the size of the area in question and that instead the bolt 565 is screwed into or out of the bolt 559 to adjust the size of the area in question (see paragraph 0091 which describes turning of bolt 565 which is used to adjust the spring force/tension).
In regard to claim 20, the phrase “the bolt having a threaded nut on one end and a head on the opposite end” renders the claim vague and indefinite since the bolt 559 passes through the end plate 554, spacer/washer 567, and is connected to the screw/bolt 565 at one end of the bolt and the head 561 of the bolt 559 is at the opposite end of the bolt, but there is no nut threaded onto any end of the bolt 559 (see paragraph 0089 of the present specification which does not mention any nut).
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.
Claim(s) 15, 16, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Markley et al. 2006/0179705.
In regard to claim 15, Markley et al. disclose a force absorbing device for connection between a proximal handle section of a fishing rod (38,40) having a reel (44; 38,40 are interconnected to the fishing reel; neither the proximal handle section of a fishing rod nor a reel are being positively recited as part of the invention) and a distal section of a fishing rod (34) having a long axis (axis of 34), the force absorbing device adapted to absorb a portion of a bending force between the proximal handle section (38,40) and the distal section of the rod (34) when the bending force is applied to the distal section of the fishing rod when fighting a fish, the force absorbing device comprising a handle (22) having a proximal end (lower end of 22 in Figs. 1-2) and a distal end (upper end of 22 in Figs. 1-2), an actuator (50 of 10) having a proximal end (64,104 in Figs. 3-4) and a distal end (60 in Figs. 3-4), and a coupler (52 of 10) having a proximal end (76 in Figs. 3-4) and a distal end (80 in Figs. 3-4), wherein in use the proximal end of the handle (22) of the force absorbing device is adapted for connection to the handle section (38,40) of the fishing rod and the distal end of the coupler (80) is adapted for connection to the distal section of the fishing rod (36 via 20,24,26,28,29,32,34), the actuator proximal end (64) is connected to the distal end of the handle (64 inserted into upper end of 22 in Figs. 1, 2, & 9), the proximal end of the coupler (76) is pivotally connected (via 54,56,58) to the distal end of the actuator (60) to allow the coupler (52 of 10) to pivot between a first (see Fig. 1) and a second position (see Fig. 2) relative to the actuator (50 of 10) as the bending force is applied to the distal end of the fishing rod when fighting a fish (if 54,56,58 is loosened to a sufficient degree such that splines 90 loosely engage slots 74, then 52 can move relative to 50 such that 52 can move from the position in Fig. 1 to the position in Fig. 2 by a fighting fish), the handle (22) of the force absorbing device is oriented at an angle (see Fig. 1 or Fig. 2) to the long axis of the distal section of the fishing rod (36) and is adapted so as to form a gripping surface for a user while fighting the fish (a user may grasp lower handle portion 22 when fighting a fish), the coupler (52) is oriented at an angle (see Figs. 1-2) to the long axis of the distal section of the fishing rod (36), and the actuator (50) contains a dampening member (pair of flexible fingers 100 terminating in clip 102 of 64, slots 74, head screw 56, contact surface 66, recessed surface 94; dampening member not being particularly claimed) therein (slots 74 are defined in 50, head screw 56 is installed inside 50 during use, 66 is located within the confines of 50, and recessed surface 94 are within 60 of 50) adapted to absorb (each of pair of flexible fingers 100 terminating in clip 102 of 64, slots 74, head screw 56, contact surface 66, and recessed surface 94 absorb some force applied to the distal section 36 due to the fact that 100 with 102, 74, 56, 66, and 94 are interconnected between the handle 22 and the distal section 36) the portion of the bending force applied to the distal section of the fishing rod (36) as the coupler (52) pivots between the first and second positions (see Figs. 1-2).
In regard to claim 16, Markley et al. disclose wherein the dampening member (100 with 102, 74, 56, 66, 94) of the actuator (50) consists of a plurality of elastically compressible washers (flat head portion of 56 forms a washer and recessed surface 94 is a washer and 102 is a washer, wherein the head portion of 56, 94, and 102 are elastically deformable to some small degree, although to much less of a degree than an elastomeric material since they are formed of more rigid materials; all materials from glass to rubber are elastically compressible, with some materials being more elastically compressible than others; neither the structure of the plurality of elastically compressible washers nor the degree to which the plurality of elastically compressible washers are compressible are being particularly claimed).
In regard to claim 19, Markley et al. disclose wherein the dampening member (100 with 102, 74, 56, 66, 94) of the actuator (50) comprises a spring element (flexible fingers 100).
Claim(s) 15, 16, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Bratek 2,759,288.
In regard to claim 15, Bratek discloses a force absorbing device for connection between a proximal handle section of a fishing rod (10,12) having a reel (14) and a distal section of a fishing rod (52) having a long axis (axis of 52), the force absorbing device adapted to absorb a portion of a bending force between the proximal handle section (10,12) and the distal section of the rod (52) when the bending force is applied to the distal section of the fishing rod when fighting a fish, the force absorbing device comprising a handle (20, portions of 22 between 24 & 34 in Fig. 1, and 24) having a proximal end (24) and a distal end (portions of 22 just below 34 in Fig. 1), an actuator (34, 36, and portions of 22 extending between 32 & 34 in Fig. 1) having a proximal end (34) and a distal end (upper ends of 22 at 32 in Fig. 1), and a coupler (28) having a proximal end (at 30) and a distal end (upper end of 28 at 52 in Figs. 1-2), wherein in use the proximal end of the handle (at 24) of the force absorbing device is adapted for connection to the handle section (10,12) of the fishing rod and the distal end of the coupler (upper end of 28 at 52 in Figs. 1-2) is adapted for connection to the distal section of the fishing rod (52), the actuator proximal end (34) is connected to the distal end of the handle (portions of 22 just below 34 in Fig. 1), the proximal end of the coupler (at 30) is pivotally connected (via fasteners 32 which allow pivoting of 28) to the distal end of the actuator (upper ends of 22 at 32 in Fig. 1) to allow the coupler (28) to pivot between a first (see Figs. 1-2) and a second position (when 52 moves clockwise from the position shown in Fig. 2) relative to the actuator (34, 36, and portions of 22 extending between 32 & 34 in Fig. 1) as the bending force is applied to the distal end of the fishing rod when fighting a fish (a bending force will be applied at 52 when fighting a caught fish at the end of the associated fishing line), the handle (20, portions of 22 between 24 & 34 in Fig. 1, and 24) of the force absorbing device is oriented at an angle (see Figs. 1-2 wherein 20 and lower portions of 22 below 34 are at an angle to the axis of 52) to the long axis of the distal section of the fishing rod (52) and is adapted so as to form a gripping surface for a user while fighting the fish (a user may grasp 20, portions of 22 between 24 & 34 in Fig. 1 when fighting a fish), the coupler (28) is oriented at an angle (see Fig. 2) to the long axis of the distal section of the fishing rod (52), and the actuator (34, 36, and portions of 22 extending between 32 & 34 in Fig. 1) contains a dampening member (44) therein (see Fig. 1) adapted to absorb (44 is a spring that can absorb forces) the portion of the bending force applied to the distal section of the fishing rod (52) as the coupler (28) pivots between the first (see Figs. 1-2) and second (when 52 moves clockwise from the position shown in Fig. 2) positions.
In regard to claim 16, Bratek disclose wherein the dampening member (44) of the actuator (34, 36, and portions of 22 extending between 32 & 34 in Fig. 1) consists of a plurality of elastically compressible washers (each of the coils of spring 44 may be broadly interpreted as comprising washers; the structure of the plurality of elastically compressible washers is not being particularly claimed).
In regard to claim 19, Bratek disclose wherein the dampening member (44) of the actuator (34, 36, and portions of 22 extending between 32 & 34 in Fig. 1) comprises a spring element (44 is a spring).
Allowable Subject Matter
Claims 17, 18, and 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Dethlefs 4,162,587 disclose a force absorbing device comprising a handle (11) having a proximal end (left end of 11 in Fig. 1) and a distal end (right end of 11 in Fig. 1), an actuator (13,20) having a proximal end (left end of 13 connected to 17 in Fig. 1) and a distal end (right end of 20 connected to right end of 12 in Fig. 1), and a coupler (17) having a proximal end (lower end of 17 connected to 11) and a distal end (upper end of 17 connected to 13), wherein in use the proximal end of the handle of the force absorbing device is adapted for connection to the handle section (14) of the fishing rod and the distal end of the coupler is adapted for connection to the distal section of the fishing rod (right end of 11 is connected to 12 at 16 in Fig. 1), the actuator proximal end is connected to the distal end of the handle (left end of 13 connected to upper end of 17 in Fig. 1), the distal end of the coupler is pivotally connected to the proximal end of the actuator to allow the actuator to pivot between a first (see solid line position of 13,20 in Fig. 1) and a second position (see phantom line position of 13,20 in Fig. 1) relative to the coupler as the bending force is applied to the distal end of the fishing rod when fighting a fish (see the up and down directional arrows in Fig. 1), the handle of the force absorbing device is oriented in alignment with the long axis of the distal section of the fishing rod (12; see Fig. 1) and is adapted so as to form a gripping surface for a user while fighting the fish (a user may grasp 11 when fighting a fish), the coupler is oriented at an angle to the long axis of the distal section of the fishing rod (17 extends at an angle to 12 in Fig. 1), and the actuator (13,20) comprises a dampening member (13) adapted to absorb the portion of the bending force applied to the distal section of the fishing rod as the coupler pivots between the first and second positions (see Fig. 1). Briney 2,559,933 discloses a fishing rod comprising an actuator (18, 23-25) which contains a dampening member (39a) therein adapted to absorb the portion of the bending force applied to the distal section (19b) of the fishing rod, wherein the dampening member of the actuator consists of a plurality of elastically deformable washers (the coils of 39a), wherein the elastically deformable washers are mounted on a bolt (36) inside the actuator (see Fig. 3), and wherein the dampening member of the actuator comprises a spring element (coil spring 39a).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARREN W ARK whose telephone number is (571)272-6885. The examiner can normally be reached M-F 8:30-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kimberly Berona can be reached at (571) 272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DARREN W ARK/Primary Examiner, Art Unit 3647
DWA