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
Upon further consideration, the previous requirement for restriction is withdrawn.
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.
Claim 9-15 are rejected under 35 U.S.C. 112(b) 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.
Regarding claim 9, the differentiation/relation between the semi-circular opening and “passage” of claim 1 is unclear.
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 (i.e., changing from AIA to pre-AIA ) 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, 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) 1-2 and 4-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Reimer US 2018/0064087 in view of Nordhagen US 3,861,071.
Regarding claim 1, Reimer teaches an apparatus for retrieving fishing lures comprising:
an elongate body having a passage therethrough extending between first and second ends and having first and second sides (12 figure 1), the elongate body comprising a base portion (16) extending along a base plane and a tapered portion (14) oriented relative to the base plane to the first side; and a retaining ring extending away from the first side of the base portion (22);
but does not specify the tapered portion oriented angularly relative to the base plane.
Nordhagen; however, does teach such an angular orientation (near 23). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to provide such an angle, in order to enhance lure capture, as demonstrated by Nordhagen.
Regarding claim 2, the references teach the apparatus of claim 1 wherein Nordhagen further teaches the retaining ring comprises a split ring (27/28). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to provide such a ring, in order to enhance lure capture, as demonstrated by Nordhagen.
Regarding claim 4, the references teach the apparatus of claim 1 wherein Reimer further teaches the retaining ring extends substantially orthogonally from the base portion (figure 2).
Regarding claim 5, the references teach the apparatus of claim 1 wherein Reimer further teaches the retaining ring is secured to a base member proximate to the first end of the elongate body (20).
Regarding claim 6, the references teach the apparatus of claim 1 wherein Reimer further teaches the retaining ring comprises a continuous member extending perpendicularly from base portion and transitioning to a circular portion (figures 1-2).
Regarding claim 7, the references teach the apparatus of claim 1 wherein Reimer further teaches the elongate body includes a connector at the first end thereof connectable to a retrieval line (36/34/38 figures 3-5).
Regarding claim 8, the references teach the apparatus of claim 7 wherein Reimer further teaches the connector comprises a tab extending therefrom with a bore therethrough (figures 3-4).
Regarding claim 9, the references teach the apparatus of claim 1 wherein Reimer further teaches the base portion comprises a semi-circular body forming a semi-circular opening through the elongate body (figures 3-4).
Regarding claim 10, the references teach the apparatus of claim 9 wherein Reimer further teaches the base portion comprises a base member and two side bodies extending thereform to the tapered proportion (figures 3-4).
Regarding claim 11, the references teach the apparatus of claim 10 wherein Reimer further teaches the tapered portion is formed of a pair of side taper members converging to a distal end (figures 3-4).
Regarding claim 12, the references teach the apparatus of claim 11 wherein Reimer further teaches the base portion has a substantially circular cross section (figure 2).
Regarding claim 13, the references teach the apparatus of claim 11 wherein Nordhagen further teaches the tapered portion includes an upward curvature towards the first side (figure 1).
Regarding claim 14, the references teach the apparatus of claim 13 wherein Reimer further teaches the tapered portion is formed of a member having a substantially circular cross section (figure 2).
Regarding claim 15, the references teach the apparatus of claim 10 but do not specify wherein the member forming the tapered portion tapers in cross section towards the second end of the elongate member.
However, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to provide such a shape, in order to enhance lure capture, as suggested by Nordhagen’s tapered ends 24.
Regarding claim 16, the references teach a method for retrieving fishing lures comprising: locating a fishing line within a passage of an elongate body extending between first and second ends, the elongate body comprising a base portion extending along a base plane and a tapered portion angularly oriented relative to the base plane to a first side thereof; locating the fishing line within a retaining ring extending to the first side of the base portion; permitting the elongate body to move down the fishing line to a stuck fishing lure at a distal end thereof; and pulling the elongate body with retrieval line secured thereto (see previous rejections).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Reimer and Nordhagen in view of Bray US 2,397,916.
Regarding claim 3, the references teach the apparatus of claim 2 wherein Nordhagen further teaches the split ring overlaps itself at a distal end for introduction of a fishing line thereinto (figure 1);
but do not specify a gap between coils.
Bray; however, does teach such a gap (9b figure 2). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to provide such a gap, in order to enhance hook/lure capture functions, as suggested by Bray.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA WONG whose telephone number is (571)272-7889. The examiner can normally be reached Monday through Friday from 8:00am to 4:30pm MST.
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/JESSICA B WONG/Primary Examiner, Art Unit 3644