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Claims 9 and 11-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group and Species, there being no allowable generic or linking claim.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 08/18/2025.
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) 1, 3-5, and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Krueger 2008/0250693.
In regard to claim 1, Krueger discloses a fishing rig for use with a bait, the fishing rig comprising: a rig body (12,14a-b) including a first end (left end of 12 in Fig. 1) and a second end (right end of 14b in Fig. 1), wherein the rig body includes a first cone shape (left portion of 12 with 12b in Fig. 1) tapering from a first base (base of first cone shape beginning at roughly 16 in Fig. 1) having a first diameter (see Figs. 1, 3) towards the first end, wherein the first cone shape is adapted to penetrate and deform an inner volume of the bait to securely engage the rig within the bait (the tapered shape of the first cone shape is capable of penetrating and deforming an inner volume of a bait engaged therewith), and the rig body includes a second cone shape (right portion of 12 with 12d in Fig. 1) tapering from a base (base of second cone shape beginning at roughly 16 in Fig. 1) having a second diameter (see Figs. 1, 4) towards the second end, wherein the first diameter and the second diameter are the same diameter and the first base adjoins the second base (generally at 16); an eyelet (10a) located on the rig body spaced from (via 10,10b) the first end (left end of 12 in Fig. 1), wherein the eyelet extends from the rig body in a first direction (to the left in Fig. 1), wherein the rig body includes a first portion (10,10b) between the first end (left end of 12 in Fig. 1) and the eyelet (10a) adapted to penetrate and deform an inner volume of the bait to securely engage the rig within the bait (10,10b in Fig. 1 is capable of penetrating and deforming an inner volume of a bait that is placed thereover); and a hook (10d-f) extending from the second end (right end of 12 in Fig. 1) of the rig body, wherein the hook includes a proximal end and a distal end, and wherein the distal end extends from the rig body in the first direction (10f extends to the left in Fig. 1).
In regard to claim 3, Krueger discloses wherein a shaped portion (14a-b) of the rig body located between the eyelet (10a) and the second end (right end of 14b in Fig. 1) increases a strength of engagement between the rig body and the bait (bait to be placed thereover) into which it is inserted.
In regard to claim 4, Krueger discloses wherein the shaped portion (14a-b) of the rig body includes one or more of: a stepped (14a-b is a stepped shape), frustoconical shape (14a is a frustoconical shape); a cylindrical spiral screw shape; and a ridged or ribbed shape (intersection of 14a & 14b is a ridged/ribbed shape).
In regard to claim 5, Krueger discloses wherein the shaped portion (14a-b) of the rig body is configured to increase at least one of friction and normal force (14a-b increase friction with any bait that is mounted thereto) between the rig body (12,14a-b) and the bait (live bait or artificial dressings to be mounted thereon; see paras. 0064-65).
In regard to claim 10, Krueger discloses wherein the bait (live bait or artificial dressings to be mounted thereon; see paras. 0064-65; bait not being positively recited as part of the invention) is one of a fluke style bait, a flat tail worm bait, a craw bait, a soft stick bait, a soft jerkbait, a paddle tail swimbait, and a pin tail swimbait.
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) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Krueger 2008/0250693 in view of JP 3162057 or JP 2008-173040 to Masu.
In regard to claim 6, Krueger does not disclose a weed guard extending from the rig body, wherein the weed guard has a proximal end and a distal end, the proximal end being located on the rig body adjacent to the eyelet. JP ‘057 and Masu disclose a weed guard (45 OR 18) extending from the rig body (44 OR 14), wherein the weed guard has a proximal end (lower end of 45 in Fig. 5 OR lower end of 18 in Figs. 1-2) and a distal end (upper end of 45 in Fig. 5 OR upper end of 18 in Figs. 1-2), the proximal end being located on the rig body adjacent to the eyelet (eyelet extending from 44 in Fig. 5 OR 20,24). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the fishing rig of Krueger such that it further comprises a weed guard extending from the rig body, wherein the weed guard has a proximal end and a distal end, the proximal end being located on the rig body adjacent to the eyelet in view of JP ‘057 or Masu in order to provide means for protecting the hook from becoming snagged upon oncoming underwater obstructions as the fishing lure is retrieved.
In regard to claim 7, Krueger and JP ‘057 or Masu disclose wherein the weed guard (45 of JP ‘057 or 18 of Masu) extends from the rig body (44 of JP ‘057 OR 14 of Masu) in the first direction and forms an angle with a longitudinal axis of the rig body (see Fig. 5 of JP ‘057 OR see Fig. 2 of Masu).
In regard to claim 8, Krueger and JP ‘057 or Masu disclose wherein a distance between the distal end of the weed guard (upper end of 45 in Fig. 5 OR upper end of 18 in Fig. 2 of Masu) and the longitudinal axis of the rig body (44 of JP ‘057 OR 14 of Masu) is greater (upper end of 45 in Fig. 5 of JP ‘057 extends to a greater height than pointed end of 43 OR upper end of 18 in Fig. 2 of Masu extends to a greater height than 32,34) than a distance between the distal end of the hook (pointed end of 43 in Fig. 5 of JP ‘057 OR at 32,34 of Masu) and the longitudinal axis of the rig body (longitudinal axis of 44 of JP ‘057 in Fig. 5 OR longitudinal axis of 14 of Masu in Fig. 2).
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
