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Claims 7-10 and 14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/01/2025.
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 1-6 and 11-13 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 1, the phrase “at least one slit extending from a front surface of the foam layer toward a rear surface” render the claim vague and indefinite since the term “a rear surface” is not being properly associated with the structure to which it belongs. The phrase should be rewritten as --at least one slit extending from a front surface of the foam layer toward a rear surface of the foam layer--.
In regard to claim 1, the terms “the full foam thickness” at line 5-6 and “the slit” at lines 5 and 8 lack positive antecedent basis.
In regard to claim 2, the term “0.5 inches” renders the claim vague and indefinite because half of an inch does not represent a plurality of inches and instead it represents a fraction of an inch. The term should be changed to --0.5 inch--.
In regard to claim 3, the term “multiple slits” renders the claim vague and indefinite since this term fails to positively refer back to the initially recited term “at least one slit” at line 4 of claim 1 for which it was intended to further modify. At present, it is unclear whether the term “multiple slits” represents the same or different structures from the initially recited term “at least one slit” of claim 1.
In regard to claim 3, the term “at least one column of holes of varying diameters” renders the claim vague and indefinite since this term fails to positively refer back to the initially recited term “a plurality of holes” at line 8 of claim 1 for which it was intended to further modify. At present, it is unclear whether the term “at least one column of holes of varying diameters” represents the same or different structures from the initially recited term “a plurality of holes” of claim 1.
In regard to claim 4, the terms “the slit” and “the total thickness of the foam layer” lack positive antecedent basis.
In regard to claim 6, the term “the slits” lacks positive antecedent basis.
In regard to claim 11, the term “(EVA)” renders the claim vague and indefinite since it is unclear whether the term included within parentheses is to be considered as part of the desired invention or not.
In regard to claim 13, the lack of a period at the end of this claim renders the claim vague and indefinite since it is unclear if further limitations are intended to be recited or not.
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.
Claim(s) 1-6 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anderson 4,281,470 in view of Peterson 2,879,619 or Slacter 4,186,511.
In regard to claim 1, Anderson discloses a leader board (10) for storing pre-tied fishing leaders (12), comprising: a body formed of a foam layer (14 of polystyrene) removably attached (via 23-25 & 26-29) to a backing layer (15); at least one slit (recesses formed between ridges 16) extending from a front surface of the foam layer toward a rear surface (see Fig. 1), the slit terminating at a depth that does not traverse the full foam thickness (horizontal bottom of the recesses in Figs. 1 & 5), thereby preventing a hook from emerging at the rear surface; and a plurality of holes (first hole formed by 23 with 24-25 & second hole formed by 26 with 29) arranged adjacent to the slit (see Figs. 1-5), the plurality of holes (the first hole is collectively formed by 23-25 with the circumferential void of 23 receiving 25,24 therein & the second hole collectively formed by 26 with 29 allow 27-28 to extend therethrough) extending through both the foam layer (14; the circumferential void of 23 only partially extends through 14 but the claims do not recite any structural language defining the holes as extending completely through the foam layer from the front surface to the rear surface of the foam layer; the structure of the holes is not being particularly claimed in a manner which defines over the portion of the holes defined through 14 as broadly and reasonably interpreted by the Examiner) and the backing layer (15), but does not disclose the body formed of a foam layer bonded to a backing layer. Peterson and Slacter discloses the body formed of a foam layer (members 8-9 formed from foam plastic OR block of foam rubber 34) bonded (8-9 with one surface 11 adapted to be secured to a surface of holder 1 by gluing, heat application or otherwise; see col. 1, lines 68-70 OR adhesive; see col. 3, lines 25-26) to a backing layer (holder 1 OR front surface 34 of base member 28). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the foam layer bonded to a backing layer of Peterson or Slacter for the foam layer removably attached to the backing layer using locating members (20), a plug-in clip assembly (22,27-28), and the spigot (23) and socket (24) of Anderson in order to utilize an alternative, yet equally effective mechanism for attaching the foam layer to the backing layer which provides a more permanent connection between the foam layer and backing layer so that these parts are not easily disassociated from one another to thereby prevent the loss of essential parts of the assembly.
In regard to claim 2, Anderson discloses the foam layer (14) having a thickness (the ridges 16 define the largest thickness of 14, while the horizontally extending bottom portions of the recesses defined by ridges 16 define the smallest thickness of 14; see Figs. 1 & 5), but does not disclose wherein the foam layer (14) has a thickness of about 0.5 inches. It would have been an obvious matter of design choice before the effective filing date of the claimed invention to modify the thickness of Anderson such that it is about 0.5 inches since applicant has not disclosed that by doing so is critical to the design or produces any unexpected results and it appears that the foam layer of Anderson would perform equally as well with a thickness of about 0.5 inches, and because a person of ordinary skill in the art would readily design the foam layer to have a thickness of about 0.5 inch in order to provide a minimal depth for the foam layer which is capable of receiving, retaining and embedding the sharp point of a stored hook therein such that it does not become easily dislodged from the foam layer.
In regard to claim 3, Anderson discloses multiple slits (two leftmost recesses formed between ridges 16 as shown in Figs. 1 & 5) spaced apart to store multiple pre-tied leaders (12), each slit flanked by at least one column of holes (the first hole defined by 23-25 flanks the middle recess in Fig. 5 and the second hole defined by 26,29 flanks the leftmost recess located between 23 & 29 in Fig. 5) of varying diameters (the first hole formed by 23-25 has a different diameter than the second hole formed by 26 & 29; see Figs. 2-3).
In regard to claim 4, Anderson discloses wherein the slit (one of the recesses formed between ridges 16) extends approximately 50% of the total thickness of the foam layer, leaving an uncut foam portion that prevents any portion of the hook from exiting the rear surface (see Figs. 1 & 5), but does not disclose wherein the slit extends approximately 80-90% of the total thickness of the foam layer. It would have been an obvious matter of design choice before the effective filing date of the claimed invention to modify the slit of Anderson such that it extends approximately 80-90% of the total thickness of the foam layer since applicant has not disclosed that by doing so is critical to the design or produces any unexpected results and it appears that the slit of Anderson would perform equally as well by extending approximately 80-90% of the total thickness of the foam layer, and because a person of ordinary skill in the art would readily design the slit such that it extends approximately 80-90% of the total thickness of the foam layer in order to provide a larger depth for the slit to receive the curved portions of larger hooks therein without substantial portions of the hooks protruding too far outwardly therefrom and to provide a minimal depth for the foam layer which is capable of receiving, retaining and embedding the sharp point of a stored hook therein such that it does not become easily dislodged from the foam layer.
In regard to claim 5, Anderson discloses wherein the holes (first hole formed by 23 with 24-25 & second hole formed by 26 with 29) are spaced vertically (see 23 & 26 in Figs. 2-3 which show the first and second holes spaced from each other along a vertical direction) substantially along an entire height of the board (entire height of 10 from the left end of 10 to the right end of 10 in Fig. 1), providing multiple entry points for locking lines (12) of varying lengths.
In regard to claim 6, Anderson discloses an outer shape selected from one of rectangular (10 is rectangular shaped as shown in Figs. 1-3), square, circular, and irregular forms, wherein the slits and holes remain functionally arranged for storing fishing leaders (12).
In regard to claim 13, Anderson discloses wherein the plurality of holes (first hole formed by 23 with 24-25 & second hole formed by 26 with 29) includes holes having at least two different diameters (the first hole formed by 23-25 has a different diameter than the diameter of the second hole formed by 26 & 29; see Figs. 2-3) to accommodate fishing line alone and fishing line equipped with swivels or other terminal connectors (the holes are capable of accommodating fishing line therein or fishing line equipped with swivels or other terminal connectors such as knots).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anderson 4,281,470 in view of Peterson 2,879,619 or Slacter 4,186,511 as applied to claim 1 above, and further in view of Stuart 9,713,324.
In regard to claim 11, Anderson and Peterson or Slatcer disclose wherein the foam layer (14 of Anderson; 8-9 of Peterson; 34 of Slacter) comprising a foam material (polystyrene/styrofoam of Anderson; foam plastic or sponge rubber of Peterson; foam rubber of Slacter), but do not disclose the wherein the foam layer is an ethylene-vinyl acetate (EVA) foam layer. Stuart discloses wherein the foam layer (first layer 4) is an ethylene-vinyl acetate (EVA) foam layer (Ethylene vinyl acetate/”EVA” foam or similar; see col. 4, lines 37-39). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the foam layer which is an ethylene-vinyl acetate (EVA) foam layer of Stuart for the foam layer of Anderson and Peterson or Slacter in order to provide an alternative, yet equally effective material for the foam layer which is an elastomeric material so that more readily returns to its original shape after hooks are embedded or removed therefrom so as to better retain the hooks therein and so that the foam layer returns to its original appearance after the hooks are removed therefrom so as to disguise any damage from the hook points.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anderson 4,281,470 in view of Peterson 2,879,619 or Slacter 4,186,511 as applied to claim 1 above, and further in view of Rubin 2009/0301911.
In regard to claim 12, Anderson and Peterson or Slatcer disclose wherein the backing layer is a plastic backing layer (flexible outer housing 15 of Anderson made from polypropylene; holder 1 of Peterson made from suitable material such as thermoplastic and poly-styrene; frame 18 of Slacter made of molded plastic material), but do not disclose wherein the backing layer is a neoprene backing layer. Rubin discloses a body formed of a foam layer (rectangular panel E of a minimal thickness hard plastic material having a pad of foam or sponge like material D) attached to a backing layer (flycase Z including a rectangular panel E of a minimal thickness hard plastic material connected thereto), wherein the backing layer (Z) is a neoprene backing layer (flycase Z will be made of neoprene or another flexible, lightweight fabrication; see line 2 of para. 0016; also see para. 0018 which discloses “By utilizing a one piece construction and the use of a lightweight neoprene…the flycase (Z) will ensure a very low cost alternative to the traditional fly box.”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the neoprene backing layer of Rubin for the flexible plastic backing layer (as specifically taught by Anderson) of Anderson and Peterson or Slacter in order to provide an alternative, yet equally effective material for the backing layer material which is lightweight and thus provides a device which is easily carried by the user.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Thorpe 6,301,826 discloses a leader board comprising a body formed of an inner layer (12) bonded (adhesive, thermal/sonic welding) to a backing layer (14); at least one slit (16,20 in Figs. 2 & 4) extending from a front surface of the inner layer (12) toward a rear surface (rear surface of either 12 of 14 in Fig. 4), the slit (20) traversing the full thickness of the inner layer (16 extends through thickness of 12 in Fig. 4); and a plurality of holes (buttons 50 are disposed in holes formed through inner ply 12 and base 14) arranged adjacent to the slit (16,20 in Figs. 2, 3B-C), the plurality of holes extending through both the inner layer (12) and the backing layer (14; see Figs. 3B-C).
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