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 .
DETAILED ACTION
This correspondence is in response to Applicant’s Reply filed on June 5, 2026. Claims 6, 7 and 10 are canceled and Claims 1-5, 8, 9 and 11-18 are pending. THIS ACTION HAS BEEN MADE FINAL.
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 8 and 9 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.
Claims 8 and 9 are rejected as being indefinite because they both depend from canceled Claim 7. Applicant should amend these claims to depend from Claim 1. Appropriate correction is required.
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(s) 1-5, 8, 9 and 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent No. 2,416,828 (Hamre) in view of US Patent No. 10,362,775 to Begin (Begin).
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Regarding Claim 1: Hamre discloses a fishing rod holder for a boat, comprising: a support base (See Annotated Fig. A); and a fishing rod holder (See Annotated Fig. A); wherein one end of the support base in a longitudinal direction is provided with a first installation position (See Annotated Fig. A), and one end of the support base in a transverse direction is provided with a second installation position (See Annotated Fig. A); the first installation position (See Annotated Fig. A) and the second installation position (See Annotated Fig. A) are different positions; the fishing rod holder is detachably installed on the first installation position (See Annotated Fig. A) and the second installation position (See Annotated Fig. A); and the support base is capable of being installed on a support platform; wherein the fishing rod holder comprises a rod holder main body (See Annotated Fig. A) and a connecting member (See Annotated Fig. A).
Hamre does not disclose the claimed details of the rod holder body. However, Begin teaches wherein the rod holder main body is provided with a fishing rod installation groove (See Annotated Fig. B) for receiving a fishing rod, so that the fishing rod is capable of being stably installed in the fishing rod installation groove (See Annotated Fig. B); wherein the rod holder main body is in a semi-cylinder shape (See generally Annotated Fig. B); a hollow position of the semi-cylinder is the fishing rod installation groove (See Annotated Fig. B); a front end of the semi-cylinder is provided with a second fixing member (See Annotated Fig. B); a rear end of the semi-cylinder is provided with a third fixing member (20); and the second fixing member and the third fixing member are combined to fix the fishing rod; wherein one end of the third fixing member (20) is an elastic band (See Annotated Fig. C and Col. 5, lines 3-4), one end of the elastic band is movably (See Col. 7, lines 38-40) . . . on the side wall of the semi-cylinder shape.
It would have been obvious to a person having ordinary skill in the art at a time before the effective date of the claimed invention to modify the apparatus of Hamre by using rod holder main body with a groove similar to that taught by Begin to enable a user to more securely and maintain the position of a mounted rod.
Regarding the elastic band: Begin teaches the movably mounted (See Col. 7, lines 38-40) elastic band (See Annotated Fig. C and Col. 5, lines 3-4). However, Neither Hamre nor Begin discloses or teaches that the band is detachably mounted. Here, the issue is whether the elastic band is capable of being detached, i.e. detachably mounted. Notably, the purpose of the elastic band is to rotate 180 degrees, extend over a fishing rod and have a distal end of the elastic band attach to a button (22).1 The elastic band “rotates on the pivot member that attaches the locking mechanism to the clamping mechanism.”2 Here, the elastic band is not welded or integrally attached to the rod holder. Rather the elastic band rotates about a pivot member and as such is replaceable in the event of failure due to overuse. As such, the elastic band is certainly capable of being detached.
It would have been obvious to a person having ordinary skill in the art at a time before the effective date of the claimed invention to understand that the elastic band of Begin is capable of being detached to the rod holder to allow a user to replace the elastic band in the event the band breaks due to overuse. Doing so would enable the user to continue to use the rod holder even after the originally supplied elastic band breaks, saving money and time.
Regarding Claim 2: Hamre discloses a fishing rod holder for the boat according to claim 1, wherein the fishing rod holder (See Annotated Fig. A) is arranged in a transverse direction when installed in the first installation position (See Annotated Fig. A), and the fishing rod holder is arranged in a longitudinal direction when installed in the second installation position (See Annotated Fig. A).
Regarding Claim 3: Hamre discloses a fishing rod holder for the boat according to claim 1, further comprising a first fixing member (See Annotated Fig. A), wherein a first installation hole (See Annotated Fig. A) is defined in a bottom portion of the fishing rod holder; the first installation position and the second installation position are each provided with a second installation hole (17 and 25); and the first fixing member (See Annotated Fig. A) passes through the first installation hole (See Annotated Fig. A) to be detachably fixed in the second installation hole (17 and 25), so that the fishing rod holder is detachably installed on the support base.
Regarding Claim 4: Hamre discloses a fishing rod holder for the boat according to claim 3, wherein the first fixing member comprises a first screw rod (20) and a first handle (34); the first handle (34) is arranged at one end of the first screw rod (20); and the first screw rod is capable of being installed in the first installation hole (See Annotated Fig. A) and the second installation hole (17 and 25) by controlling the first handle (34).
Regarding Claim 5: Hamre discloses a fishing rod holder for the boat according to claim 3, the first installation hole (See Annotated Fig. A) is defined in the connecting member (See Annotated Fig. A); the rod holder main body (See Annotated Fig. A) is movably installed on the connecting member; when the rod holder main body is installed on the connecting member, a front end of the rod holder main body (See Annotated Fig. A) is capable of forming an included angle greater than 0 degrees relative to the connecting member; and the connecting member (See Annotated Fig. A) is detachably installed on the support base through the first fixing member.
Regarding Claim 8: Hamre does not disclose a semi-circular shape; however, Begin teaches wherein the fishing rod installation groove (See Annotated Fig. B) is internally provided with soft rubber clamping blocks (See Annotated Fig. B) near a rear end of the rod holder main body and near two side edges of the fishing rod installation groove, so that the fishing rod is capable of passing between the two soft rubber clamping blocks.
Regarding Claim 9: Hamre does not disclose a semi-circular shape; however, Begin teaches wherein two ends of the second fixing member (See Annotated Fig. B) are connected to two ends of a side wall of the semi-cylinder shape, and are fixedly arranged in an arch shape (See generally Annotated Fig. B).
Regarding Claim 11: Hamre discloses a fishing rod holder for the boat according to claim 5, further comprising a fourth fixing member (See Annotated Fig. A), wherein the rod holder main body and the connecting member are respectively provided with a third installation hole (See Annotated Fig. A) and a fourth installation hole (See Annotated Fig. A); the fourth fixing member (See Annotated Fig. A) passes through the third installation hole (See Annotated Fig. A) and the fourth installation hole (See Annotated Fig. A) to fix the rod holder main body (See Annotated Fig. A) to the connecting member (See Annotated Fig. A); and the fourth fixing member is detachably inserted into the third installation hole and the fourth installation hole.
Regarding Claim 12: Hamre discloses a fishing rod holder for the boat according to claim 11, wherein the fourth fixing member (See Annotated Fig. A) comprises a second screw rod (38) and a second handle (42); the second handle (42) is arranged at one end of the second screw rod (38); and the second screw rod (38) is capable of being installed in the third installation hole and the fourth installation hole by controlling the second handle (42).
Regarding Claim 13: Hamre discloses a fishing rod holder for the boat according to claim 11, wherein the connecting member further comprises a support ring (See Annotated Fig. A) and a support plate (See Annotated Fig. A); the support ring (See Annotated Fig. A) is vertically arranged on the support plate (See Annotated Fig. A); the first installation hole is defined in the support plate; and the fourth installation hole is defined in the support ring.
Regarding Claim 14: Hamre discloses a fishing rod holder for the boat according to claim 1, wherein the support base comprises a support base main body (See Annotated Fig. A) and a fifth fixing member (See Annotated Fig. A); the fifth fixing member is moveably connected to the support base main body; one end of the fifth fixing member (See Annotated Fig. A) forms a clamping space with a side wall of the support base main body; and when the fifth fixing member moves, a size of the clamping space is adjustable.
Regarding Claim 15: Hamre discloses a fishing rod holder for the boat according to claim 14, wherein the support base main body comprises a first side arm (13), a second side arm (12), and one transverse arm (See Annotated Fig. A); both ends of the transverse arm are respectively connected to one end of the first side arm and one end of the second side arm, so that the support base main body (See Annotated Fig. A) is U-shaped; a fifth installation hole (See Annotated Fig. A) is defined in the first side arm (13); the fifth fixing member is movably inserted into the fifth installation hole (See Annotated Fig. A); the clamping space is formed between one end of the fifth fixing member and the second side arm; and the fishing rod holder is detachably installed on the transverse arm.
Claim(s) 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Hamre in view of Begin and further in view of US Patent No. 10,738,808 to Pryor et al. (Pryor).
Regarding Claim 16: Hamre discloses a fishing rod holder for the boat according to claim 14, wherein the fifth fixing member (See Annotated Fig. A) comprises a third screw rod (14), a third handle (16)--.
Neither Hamre nor Begin discloses a V-shaped plate. However, Pryor teaches a first V-shaped plate (14); the third handle and the first V-shaped plate are respectively arranged at both ends of the third screw rod; the support base main body is provided with a second V-shaped plate (22) opposite to the first V-shaped plate; the clamping space is formed between the first V-shaped plate and the second V-shaped plate; and the third handle controls movement of the third screw rod and the first V-shaped plate relative to the second V-shaped plate. It would have been obvious to a person having ordinary skill in the art at a time before the effective date of the claimed invention to modify the apparatus of Hamre in view of Begin by using V-shaped plates similar to those taught by Pryor to enable the clamp to be securely clamped to a cylindrical rail or similar cylindrical object.
Regarding Claim 17: Neither Hamre nor Begin discloses a V-shaped plate; however, Pryor teaches wherein when the first V-shaped plate (14) abuts against the second V-shaped plate (22), the clamping space is capable of being diamond shaped.
Regarding Claim 18: Neither Hamre nor Begin discloses a V-shaped plate; however, Pryor teaches wherein a side surface of the first V-shaped plate (14) opposite to the second V-shaped plate and a side surface of the second V-shaped plate (22) opposite to the first V-shaped plate are both provided with anti-slip patterns (60).
Response to Amendment
Applicant's arguments filed June 5, 2026, have been fully considered but they are not persuasive.
Claim 1 has been amended to include the subject matter of previously rejected Claims 1, part of 5, 6, 7 and 10, with modifications to Claim 10. Specifically, Claim 10 was modified from its original form to now recite: “wherein the third fixing member is an elastic band, one end of the elastic band is movably and detachably mounted on the side wall of the semi-cylinder shape.”
Applicant argues that Begin does not teach an elastic band that is movably and detachably mounted on the side wall of the rod holder. This argument is not persuasive.
First, Applicant argues the that begin “neither discloses nor suggests that the locking strap (20)3 is elastic.”4 This argument is not persuasive because Begin specifically states that “the locking mechanism can include a rubber strap that rotates on the pivot member that attaches the locking mechanism to the clamping mechanism.”5 Rubber is elastic.
Second, Applicant argues that Begin “neither discloses nor teaches that either the fixing member (50) or the fastening strap (20) may be detachable.”6 Examiner agrees that Begin does not explicitly state that the elastic band is detachable. However, as discussed above in the rejection of Claim 1, it would have been obvious to a person having ordinary skill in the art at a time before the effective date of the claimed invention to understand that the elastic band of Begin is capable of being detached to the rod holder to allow a user to replace the elastic band in the event the band breaks due to overuse. Secondly, the elastic band is not welded or integrally formed with the rod holder but rather rotatably mounted to the rod holder at a pivot member. As such, the elastic band is certainly capable of being detached.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. In addition to the references used in this rejection and those cited in the PTO-892, the following references are very relevant to the claimed invention: US 2020/0029544, 2010/0000144, 2341065.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERET C MCNICHOLS whose telephone number is (571)270-7363. The examiner can normally be reached Monday - Friday: 9:00 - 5:00 (Eastern).
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, Terrell McKinnon can be reached at 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ERET C. MCNICHOLS
Primary Examiner
Art Unit 3632
/ERET C MCNICHOLS/Primary Examiner, Art Unit 3632
1 See Col. 7, lines 38-40 of Begin.
2 See Col. 5, lines 3-6 of Begin.
3 Interpreted by Examiner as the elastic band.
4 See p. 9, lines 3-6 of Reply.
5 See Col. 5, lines 3-6 of Begin.
6 See p. 9, lines 6-7 of Reply.
Prosecution Insights