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 .
Claim Objections
Claim 16 is objected to because of the following informalities:
Claim 16 recites “0º degrees and 90º” in line 3 of the claim. The symbol for degrees followed by the phrase “degrees” is redundant. The claims should recite “0º and 90º” or “0 degrees and 90 degrees” for consistency.
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 11 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.
Claim 11 recites the limitation "the mechanical connectors" in line 1. There is insufficient antecedent basis for this limitation in the claim. The examiner notes that one mechanical connector is recited in claim 10, but there is insufficient antecedent basis mechanical connectors beyond one.
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.
Claims 1-2, 5-14, and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Witczak (US 2,199,034).
In re. claim 1, Witczak teaches a fishing rod holding system, comprising: a base plate (9) (figs. 1-2); a plurality of rails (vertical portions of channel bracket (16)) attached to the base plate (fig. 1), each of the plurality of rails comprising a plurality of connection points (fig. 1); at least one rod holder (18) configured to be rotatably coupled to at least one of the plurality of rails at a first connection point of the plurality of connection points (via hinge ears (19)) (figs. 1 and 4); and at least one pivot arm (pair of links (22)) rotatably coupled to the at least one rod holder (at pivot pins (5)) (fig. 3), the at least one pivot arm configured to be coupled to at least one of the plurality of rails at a second connection point (via adjusting bolt (23)) (fig. 1).
In re. claim 2, Witczak teaches the system of claim 1, wherein the rod holder is configured to be rotated between a first and second angular orientation when attached to the at least one of the plurality of rails (orientations associated with teeth (25) in slot (24)) (fig. 5).
In re. claim 5, Witczak teaches the system of claim 1, wherein the at least one rod holder is further configured to be detachably coupled to the at least one of the plurality of rails (upon removal of respective pins).
In re. claim 6, Witczak teaches the system of claim 1, wherein the at least one pivot arm is further configured to secure the at least one rod holder in an angular orientation when the pivot arm is coupled to the at least one of the plurality of rails (fig. 1).
In re. claim 7, Witczak teaches the system of claim 1, wherein the base plate is configured to be mounted onto an external surface or object (rail (14)) fig. 1).
In re. claim 8, Witczak teaches the system of claim 1, further comprising a vehicle, wherein the base plate is configured to be secured onto a surface of a vehicle (rail (14) of fishing boat (15)) (pg. 1, col. 2, ln. 1-2).
In re. claim 9, Witczak teaches the system of claim 1, wherein the pivot arm is detachably coupled to the at least one rod holder (upon removal of respective pins).
In re. claim 10, Witczak teaches the system of claim 1, wherein the at least one rod holder is configured to be coupled to the least one of the plurality of rails at the first connection point by inserting a mechanical connector through a rail connection point of the rod holder (hinge ears (19)) and the first connection point (opening in channel bracket) (fig. 4).
In re. claim 11, Witczak teaches the system of claim 10, wherein the mechanical connector comprises a pin (23).
In re. claim 12, Witczak teaches a method for storing fishing rods or other items, the method comprising: providing a fishing rod holding system, the fishing rod holding system comprising: a base plate (9) (figs. 1-2); a plurality of rails (vertical portions of channel bracket (16)) attached to the base plate (fig. 1), each of the plurality of rails comprising a plurality of connection points(fig. 1); at least one rod holder (18) configured to be rotatably coupled to at least one of the plurality of rails at a first connection point (via hinge ears (19)) (figs. 1 and 4); and at least one pivot arm (pair of links (22)) rotatably attached to the at least one rod holder (at pivot pins (5)) (fig. 3), the at least one pivot arm configured to be coupled to at least one of the plurality of rails at a second connection point (via adjusting bolt (23)) (fig. 1); coupling the at least one rod holder to the at least one of the plurality of rails at the first connection point (fig. 1); coupling the pivot arm to the at least one of the plurality of rails at a second connection point (fig. 1); and engaging a fishing rod with the at least one rod holder, thereby securing the fishing rod to the fishing rod holding system (fig. 1).
In re. claim 13, Witczak teaches the method of claim 12, further comprising altering an angular orientation of the least one rod holder (orientations associated with teeth (25) in slot (24)) (fig. 5).
In re. claim 14, Witczak teaches the method of claim 13, wherein altering the angular orientation of the at least one rod holder comprises: detaching the pivot arm from the at least one of the plurality or rails at the second connection point (detached from respective teeth (25)); and reattaching the pivot arm to the at least one of the plurality of rails at a third connection point (attached to a different set of teeth (25)) (pg. 1, col. 2, ln. 32-38).
In re. claim 17, Witczak teaches the method of claim 12, further comprising mounting the base plate onto an external surface or object (rail (14)) fig. 1).
In re. claim 18, Witczak teaches the method of claim 12, further comprising securing the base plate to a surface of a vehicle (rail (14) of fishing boat (15)) (pg. 1, col. 2, ln. 1-2).
In re. claim 19, Witczak teaches the method of claim 12, wherein coupling the at least one rod holder to the least one of the plurality of rails at the first connection point, comprises: aligning the first connection point with a rail connection point of the rod holder; and inserting a mechanical connector through the first connection point and the rail connection point (fig. 4).
In re. claim 20, Witczak teaches the method of claim 19, wherein the mechanical connector comprises a pin (23).
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.
Claims 3-4 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Witczak as applied to claims 2 and 13 respectively above, and further in view of Clark et al. (US 6,974,113).
In re. claims 3-4, Witczak fails to disclose the first angular orientation is an orientation substantially parallel to the base plate, or the second angular orientation is an orientation substantially normal to the base plate.
Clark teaches the first angular orientation is an orientation substantially parallel to the base plate (dashed lines of figure 2), or the second angular orientation is an orientation substantially normal to the base plate (solid lines of figure 2).
Therefore, it would have been prima facie obvious to one having ordinary skill in the art at the time the invention was filed to have modified Witczak to incorporate the teachings of Clark to have the first angular orientation as an orientation substantially parallel to the base plate, or the second angular orientation as an orientation substantially normal to the base plate, for the purpose of providing the use of a variety of different fishing lures as well as trolling devices such as planer boards, and also accommodates various trolling techniques (col. 1, ln. 53-58).
In re. claim 16, Witczak fails to disclose altering the angular orientation of the at least on rod holder comprises changing the angular orientation of the at least one rod holder between 0 degrees and 90 degrees.
Clark teaches altering the angular orientation of the at least on rod holder comprises changing the angular orientation of the at least one rod holder between 0 degrees (dashed lines of figure 2), and 90 degrees (solid lines of figure 2).
Therefore, it would have been prima facie obvious to one having ordinary skill in the art at the time the invention was filed to have modified Witczak to incorporate the teachings of Clark to have the first angular orientation as an orientation substantially parallel to the base plate, or the second angular orientation as an orientation substantially normal to the base plate, for the purpose of providing the use of a variety of different fishing lures as well as trolling devices such as planer boards, and also accommodates various trolling techniques (col. 1, ln. 53-58).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Witczak.
In re. claim 15, Witczak fails to disclose altering the angular orientation of the at least one rod holder comprises: detaching the at least one rod holder from the at least one of the plurality or rails at the first connection point; and reattaching the at least one rod holder to the at least one of the plurality of rails at a third connection point.
It would have been prima facie obvious to one having ordinary skill in the art at the time the invention was filed to have modified Witczak to enable detachment of the first connection point, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179. Doing so enables quick replacement of the mounting bracket if damaged.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTOP-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christopher D. Hutchens whose telephone number is (571)270-5535. The examiner can normally be reached M-F 9-5.
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/C.D.H./
Primary Examiner
Art Unit 3647
/Christopher D Hutchens/Primary Examiner, Art Unit 3647
/KIMBERLY S BERONA/Supervisory Patent Examiner, Art Unit 3647