DETAILED ACTION
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Claims 2, 3, 6-11, 13, 14, 16, and 18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/22/2026.
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: trunk 712 is not shown in Figs. 20A-B (see paragraph 0067).
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.
Specification
The disclosure is objected to because of the following informalities:
Page 4, paragraph 0012, lines 2-4, the phrase “the plastic material at the first weighted end has a density greater than the density of the first end of the trunk” is unclear since the comparison of the density at the first weighted end is being made with respect to the same first end of the trunk and is not being made with respect to another different part of either the trunk or the bobber (see page 8, paragraph 0045, lines 9-12 wherein it states more correctly that “The bottom section 12c of the trunk 12 can be weighted by forming it from or otherwise incorporating a plastic or other material having a density greater than the density of the materials in the middle section 12b and upper section 12a of the trunk 12”); and
Page 16, line 5, the number “520” should be replaced with --620-- in order to properly denote the first line eye 620.
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.
Claims 1, 4, 5, 12, 15, and 17 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, lines 12-15, the phrase “wherein the fishing line passes through and engages the first segment of the fishing line at a location closer to a rod from which the fishing line emanates, and the fishing line passes through and engages the second segment of the fishing line at a location closer to a hook at a terminal end of the fishing line” renders the claim vague and indefinite since none of the “fishing line”, “a rod”, or “a hook” have been positively recited as part of the desired invention yet the phrase in question is attempting to positively recite the fishing line, rod, and hook with respect to the fishing bobber of the desired invention. Also the phrase “the fishing line passes through and engages the first segment of the fishing line” renders the claim vague and indefinite because the fishing line cannot engage itself at the first segment of the fishing line and the phrase “the fishing line passes through and engages the second segment of the fishing line at a location closer to a hook at a terminal end of the fishing line” renders the claim vague and indefinite since the fishing line cannot engage itself at the second segment of the fishing line.
In regard to claim 5, the phrase “wherein the trunk is formed from a plastic material and the plastic material at the first weighted end has a density greater than the density of the first end of the trunk” renders the claim vague and indefinite since the density at the first weighted end is being compared to the density at the same first end of the trunk and fails to properly compare the density of the plastic material at the first weighted end to some other structure of the trunk or bobber. Please see page 8, paragraph 0045, lines 9-12 of the present specification wherein it states more correctly that “The bottom section 12c of the trunk 12 can be weighted by forming it from or otherwise incorporating a plastic or other material having a density greater than the density of the materials in the middle section 12b and upper section 12a of the trunk 12” and that possibly the phrase of claim 5 should be rewritten to reflect this.
In regard to claim 15, the phrase “wherein the component part is a line eye affixed to the trunk” renders the claim vague and indefinite since it fails to properly refer back to and further modify the limitation recited at lines 9-11 of claim 1 of “said second means for engaging positioned on a component part of the trunk at a radially remote position relative to the first engaging means”. That is, the component part cannot be a line eye affixed to the trunk since the second means for engaging a second segment of the fishing line is positioned on the component part as claimed in claim 1. Possibly the phrase should be rewritten as --wherein the second means for engaging the second segment of the fishing line is a line eye affixed to the component part of the trunk--.
In regard to claim 17, the phrase “wherein a side of the weighted first end that is radially opposite the second means for engaging is heavier causing the bobber to not float in an upright position when there is not sufficiently attached weight” renders the claim vague and indefinite since it is unclear relative to what other structure of the bobber that the “side of the weighted first end” is actually heavier than. That is, is the side of the weighted first end heavier than the buoyant second end or another side of the trunk.
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, 4, 12, and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Chojnowski 4,139,960.
In regard to claim 1, Chojnowski discloses a fishing bobber (10) with directional buoyancy indicator for attachment to a fishing line (26, 28), said bobber comprising: a trunk (12, 18, 16) having a weighted first end (16) and a buoyant second end (12) such that when in use, the weighted first end is below the surface of the water and the buoyant second end is above the surface of the water substantially above the first end (see Fig. 1); first means (22) for engaging a first segment of the fishing line (26), said first means for engaging (22) positioned on the buoyant second end of the trunk (upper end of 18) proximate to a longitudinal centerline of the trunk (longitudinal centerline of 18 in Fig. 1) to create a pivot point; second means (22) for engaging a second segment of the fishing line (28), said second means for engaging positioned on a component part (20) of the trunk at a radially remote position relative to the first engaging means (see Figs. 1-3); wherein the fishing line (26, 28) passes through and engages the first means for engaging the first segment of the fishing line (24) at a location closer to a rod (26 extends from a fishing rod held by the user when fishing; see col. 2, lines 52-54) from which the fishing line emanates, and the fishing line (28) passes through and engages the second means for engaging the second segment of the fishing line (22) at a location closer to a hook at a terminal end of the fishing line (28 extends downwardly for attachment to a hook; see col. 2, lines 55-56).
In regard to claim 4, Chojnowski discloses a sealed air pocket (12 is sealed via 32, 34) at the second buoyant end of the trunk (12 of 12, 16, 18) for providing buoyancy to the bobber.
In regard to claim 12, Chojnowski discloses wherein the component part (20) of the trunk is located on an outer edge of the trunk (20 extends from an outer edge of 18) proximate to a middle region (30) of the trunk (20 is proximate or near to 30).
In regard to claim 15, Chojnowski discloses wherein the component part (20) is a line eye (22) affixed to the trunk (at 18).
Claim(s) 1, 5, 12, and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by WO 99/02031 to Straub.
In regard to claim 1, Straub discloses a fishing bobber (1, 4, 5) with directional buoyancy indicator for attachment to a fishing line (3), said bobber comprising: a trunk (1, 4, 5) having a weighted first end (4) and a buoyant second end (upper end of 1) such that when in use, the weighted first end is below the surface of the water and the buoyant second end is above the surface of the water substantially above the first end (see Figs. 2A-B); first means (upper eyelet 2 in Figs. 2A-B) for engaging a first segment of the fishing line (upper segment of line 3), said first means for engaging (upper eyelet 2 in Figs. 2A-B) positioned on the buoyant second end of the trunk (upper end of 1) proximate (upper eyelet 2 is generally near upper end of 1) to a longitudinal centerline of the trunk (longitudinal centerline of 1 in Fig. 1) to create a pivot point; second means (lower eyelet 2 in Figs. 1-2B) for engaging a second segment of the fishing line (lower segment of 3), said second means for engaging positioned on a component part (lower portion of 1) of the trunk at a radially remote position relative to the first engaging means (lower eyelet 2 is at a radial position which is at a lower elevation than the radial position of the upper eyelet 2 which is at an upper elevation; see Figs. 1-2B); wherein the fishing line (3) passes through and engages the first means for engaging the first segment of the fishing line (upper eyelet 2) at a location closer to a rod (upper section of line 3 leads to a fishing rod) from which the fishing line emanates, and the fishing line (3) passes through and engages the second means for engaging the second segment of the fishing line (lower eyelet 2) at a location closer to a hook at a terminal end of the fishing line (baited hook at lower end of line 3 in Figs. 2A-B).
In regard to claim 5, Straub discloses wherein the trunk (4) is formed from a plastic material (hollow body 4 of plastic for cheap production of the device) and the plastic material at the first weighted end (4) has a density (due to the presence of submersible/sinkable body or ball 6) greater than the density of the first end of the trunk or other parts of the bobber (such as the density of 1 which is a float structure).
In regard to claim 12, Straub discloses wherein the component part (lower portion of 1) of the trunk is located on an outer edge of the trunk (outer surface of the lower portion of 1 represents an edge of the trunk) proximate to a middle region (middle of the assembly of 1, 4, 5) of the trunk.
In regard to claim 15, Straub discloses wherein the component part (lower portion of 1) is a line eye (lower eyelet 2) affixed to the trunk (at the lower portion of 1).
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) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chojnowski 4,139,960 in view of Tiede et al. 6,247,263.
In regard to claim 5, Chojnowski discloses the trunk formed from a plastic material (12 of plastic) and the weight (16) being attached externally to the first weighted end (lower end of 18), but does not disclose wherein the trunk is formed from a plastic material and the plastic material at the first weighted end has a density greater than the density of the first end of the trunk or other parts of the bobber. Tiede et al. ‘263 discloses wherein the trunk (2-4) is formed from a plastic material (plastic by an injection molding process) and the plastic material at the first weighted end (lower end of 3 adjacent 28 with weight 18 located in phantom line position of Fig. 2) has a density (shifting of weight 18 will change center of gravity of the bobber; see col. 2, lines 50-59) greater than the density of the first end of the trunk (2) or other parts of the bobber (due to the presence of 18 thereat). 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 trunk formed from plastic material of Chojnowski such that the plastic material at the first weighted end has a density greater than the density of the first end of the trunk or other parts of the bobber in view of Tiede et al. ‘263 in order to configure the weight within the plastic material for concealment thereof so as to provide a cleaner appearance for the bobber and to provide a mechanism for adjusting the center of gravity of the trunk so that the trunk can assume either a more horizontal position in the water or a more perpendicular position in the water during use.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chojnowski 4,139,960 in view of JP 4-120477.
In regard to claim 17, Chojnowski discloses wherein the centrally located weight (16) that is radially opposite the second means for engaging (22) is heavier, but does not disclose wherein a side of the weighted first end that is radially opposite the second means for engaging is heavier causing the bobber to not float in an upright position when there is not sufficiently attached weight. JP ‘477 discloses a fishing bobber comprising a trunk (main part 11 of float) having a weighted first end (weight 16) and a buoyant second end (upper end of main part 11 of the float with 12-13 in Fig. 1) such that when in use, the weighted first end is below the surface of the water and the buoyant second end is above the surface of the water substantially above the first end (see Fig. 1), wherein a side of the weighted first end that is radially opposite means for engaging the fishing line (14) is heavier causing the bobber to not float in an upright position when there is not sufficiently attached weight (see Fig. 1; when there is sufficient weight or when a fish is pulling directly down upon the fishing line 17, then the float can assume an upright position due to the stop small ball 19 abutting against the second buoyant end of the trunk 11). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the bobber of Chojnowski such that a side of the weighted first end that is radially opposite the second means for engaging is heavier causing the bobber to not float in an upright position when there is not sufficiently attached weight in view of JP ‘477 in order to provide a bobber that has a lower profile when resting on the surface of the water so as not to present an upright profile which will scare off any potential fish to be caught and yet provide a change in orientation of the bobber so that the user may distinguish between a first state of the bobber where there is insufficient weight attached or a second state of the bobber wherein there is sufficient weight attached.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 99/02031 to Straub in view of Tiede et al. 6,247,263.
In regard to claim 4, Straub does not disclose a sealed air pocket at the second buoyant end of the trunk for providing buoyancy to the bobber. Tiede et al. ‘263 disclose a sealed air pocket (hollow of 2) at the second buoyant end of the trunk (2) for providing buoyancy to the bobber. 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 sealed air pocket at the second buoyant end of the trunk for providing buoyancy of Tiede et al. ‘263 for the trunk of floating material of Straub in order to provide an equally effective buoyancy providing means that will maintain the positioning of the second end of the trunk to be above the water surface as desired.
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
Prosecution Insights