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 1-5, 8 (claim 8 is directed to non-elected Sub-species i of Sub-Group B because of the recitation of “a disc” which refers to disc 401) and 10-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Groups and Species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 10/09/2025.
Applicant's election with traverse of Group II, Sub-species III, and Sub-species ii in the reply filed on 10/09/2025 is acknowledged. The traversal is on the ground(s) that “Applicant asserts that claims Sub-Species I of Sub-Group A does not interfere or prevent the inclusion of Sub-Species III of Sub-Group A.”. This is not found persuasive because each of the Species require a unique search not required in the search of the other Species. If applicant is traversing on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the Examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
The requirement is still deemed proper and is therefore made FINAL.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
a) number 103, anchor mechanism (see spec. pg. 3, para. 0020, lines 4-5); and
b) number 507, sidewall (see spec. pg. 9, para. 0044, lines 4-5).
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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: number 208 in Fig. 2A. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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.
The drawings are objected to because the reference line for number 532 in Fig. 5 is not properly denoting the mounting surface (see spec. pg. 10, para. 0051, line 3 which states “a mounting surface…532 (not shown in FIG. 5, see FIG. 6)” and therefore there is no mounting surface even illustrated in Fig. 5, possibly the reference number should be changed to a different number to properly indicate the inner wall. 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Specification
The disclosure is objected to because of the following informalities:
Page 8, paragraph 0031, line 1, the number --302-- should be inserted after “top end (e.g., first end, back end, tether end, etc.)”.
Appropriate correction is required.
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.
Claim 7 is 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 7, the phrase “wherein the end cap further includes a magnetic portion” renders the claim vague and indefinite since in the elected embodiment of Sub-species III as shown in Figs. 5-6, it is disclosed that the tether mating surface 528 may be constructed of a magnet or ferromagnetic material and that the tether mating surface 528 represents the “base wall surface” initially recited in independent claim 6. The recitation of “a magnetic portion” in claim 7 fails to properly correlate the base wall surface recited in claim 6 with the “magnetic portion” in dependent claim 7. Instead, the present language of claim 7 improperly implies that potentially there is some other structure different from the base wall surface/tether mating surface 528 that represents the “magnetic portion”.
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) 6, 7, and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Haber 2,893,158.
In regard to claim 6, Haber discloses a rod tether system, comprising: a fishing rod (15,16); and an end cap (17,28) coupled to the fishing rod (tip 17 is supported by 27 carried by the top of pole 15), the end cap including: a first opening (23b) at a first end of the end cap (upper end of 28 in Fig. 3), an outer wall (outer wall of 28) extending from the first end (upper end of 28 adjacent 23b in Fig. 3) to a second end (lower end of 28 adjacent 23a in Fig. 3) of the end cap in a first direction (axial/longitudinal downward direction of 28 in Fig. 3), a second opening (23a) at the second end (lower end of 28 adjacent 23a in Fig. 3), an inner wall (inner wall of 28 defining 23a-b which includes 31) extending from the second opening (23a) towards the first opening (23b) in a second direction (axial/longitudinal upward direction of 28 in Fig. 3), a base wall surface (39) extending radially from the inner wall (inner wall of 28 defining 23a-b which includes 31) to the outer wall (outer wall of 28) in a third direction (radial direction from the center of 28) transverse to the first direction (39 extends in a radial direction transverse to the axial/longitudinal upward direction of 28 in Fig. 3), and a slot (one of the opposing circumferential slots defined between 32,37 & 33,38 and by upper surface of 34 in Fig. 2; the opposing circumferential slots are occupied by the ends of 31 in Fig. 2) proximate to the first end (upper end of 28 in Fig. 3) that extends through the outer wall (through the outer wall of 28) in a second direction transverse to the first direction (one of the opposing circumferential slots occupied by one end of 31 extend in a radial direction with respect to 28) and into an interior of the end cap.
In regard to claim 7, Haber discloses wherein the end cap (17) further includes a magnetic portion (body portion 28 of tip 17 is of magnetic material; see col. 2, lines 57-58 OR iron or steel portion 36; iron and steel are considered to be ferromagnetic materials and are the same materials being disclosed in the specification of the present application at paragraph 0050 which states “The tether mating surface 528 may be constructed of a ferromagnetic material (e.g., iron, steel, nickel, cobalt, magnetite, etc.).”, wherein the tether mating surface 528 represents the base wall surface” as recited in claim 6 that comprises the magnetic portion of the end cap 500).
In regard to claim 9, Haber discloses wherein the second opening (23a) is configured and/or sized to receive a fastener (central aperture 23a is configured and sized to receive a line 19 which comprises a fastener for fastening/securing fishing tackle to the fishing rod 15,16 and fishing reel 18 as shown in Figs. 3 & 5 which includes conventional loop section 40, outer terminal 41, line sections 42-43, sinker 24, and hook 25).
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.
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, 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.
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.
/DARREN W ARK/Primary Examiner, Art Unit 3647
DWA