Detailed Action
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
2. 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: 25. 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.
Claim Objections
3. Claim 3 is objected to because of the following informalities: claim 3 does not end in a period. Further, the period at the end of line 4 should be replaced with a comma or semicolon. Appropriate correction is required.
Claim 7 is objected to because of the following informalities: the period at the end of line 2 should be replaced with a comma or semicolon. Appropriate correction is required.
Claim 10 is objected to because of the following informalities: in line 4 of claim 10 “The” should be - -the- -. Appropriate correction is required.
Claim Rejections - 35 USC § 112
4. 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 7-8, 11 and 13-17 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.
Claim 7 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. It is unclear to how the distal aperture is about the buckle since the distal aperture is claimed as part of the buckle.
Claims 11 and 16 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 each of claims 11 and 16 it is unclear to how many zip ties are being claimed in that each claim first claims at least one zip tie and then later in each claim a plurality of zip ties are claimed which would equate to at least two zip ties and therefore it is unclear to whether one zip tie is encompassed by the claim.
Claim 11 recites the limitations "the tubular holder" in line 3, “the distal end” in lines 3-4 and “the distal band” in line 6. There is insufficient antecedent basis for these limitations in the claim.
Claim 13 recites the limitation "the rear side of the first tubular end" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 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. It is unclear to whether the at least one zip tie detailed in claim 16 is the same or different than the at least one zip tie of parent claim 11. Further, the claim limitations related to the zip tie and attachment apertures are repetitive in that these same claim limitations are detailed in parent claim 11.
Claim Rejections - 35 USC § 102
5. 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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 and 3-6 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by U.S. Patent No. 8,375,622 to Holzmann.
Referring to claim 1, Holzmann discloses a fishing rod holder comprising, a holder tube – at 15, a backplate – at 16-21, the holder tube comprising a first tubular end – top of 15, a second tubular end – bottom of 15, an angled crown – see outwardly flared top of 15 in figures 1-5, and a lateral tubular wall – outer wall of 15, the first tubular end is positioned opposite to the second tubular end along the lateral tubular wall – see vertical orientation of 15 in figures 1-5, the angled crown being positioned perimetrical to the first tubular end – see top of 15 in figures 1-5.
Referring to claim 3, Holzmann further discloses the backplate – at 16-21, comprising a left edge and a right edge – see left and right sides of 16-19 in figures 1-5, and the backplate comprising a rear side – see side of 16-21 disposed away from the rod holder – at 15 as seen in figures 1-5, a first set of prongs – see C-shape of items 16-19 in figure 4 with the top and bottom of the C-shape providing prong-like elements, being positioned adjacent to the left edge – see prongs extending entire length of items 16-19 as seen in figures 1-5, and therefore the prongs are at the left edge as seen in figure 4, and a second set of prongs – other of the top and bottom of the C-shape of items 16-19, being positioned adjacent to the right edge – see prongs extending the entire length of items 16-19 as seen in figures 1-5 and therefore the prongs are at the right edge.
Referring to claim 4, Holzmann further discloses a left channel – left of items 32 and/or 33, being formed between the left edge – left side of 16-19 and the first set of prongs – top and bottom of C-shape of items 16-19 – see figures 1-5, and a right channel – right of items 32 and/or 33, being formed between the right edge – right side of 16-19, and the second set of prongs – C-shape top and bottom portions of 16-19 as seen in figures 1-5.
Referring to claim 5, Holzmann further discloses the first set of prongs comprising an upper left prong and a lower left prong – see upper and lower portions of the C-shape of items 16-19 in figures 1-5, and the second set of prongs comprising an upper right prong and a lower right prong – see upper and lower portions of the C-shape of items 16-19 in figures 1-5.
Referring to claim 6, Holzmann further discloses an elongated cutout adjacent to the first tubular end – see at the top of 15 not labeled but shown in figures 1-5 for receiving a fishing reel, and the elongated cutout parallel to the holder tube – see vertical orientation of the cutout in figures 1-5, a lip traversing the length of the elongated cutout – see edge of the cutout formed by item 15 in figures 1-5.
Claim Rejections - 35 USC § 103
6. 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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Holzmann as applied to claim 1 above, and further in view of U.S. Patent No. 3,874,573 to Fruscella et al.
Referring to claim 2, Holzmann further discloses the second tubular end being perimetrically positioned around a base of the tube – see at the bottom of 15 in figures 1-5, the first tubular end – top of 15, having a front side and a rear side – see at 15 in figures 1-5, and the backplate – at 16-21, being fastened to the rear side of the first tubular end – see at 16,17,20 in figures 1-5. Holzmann does not disclose the second tubular end being positioned around a base covering. Fruscella et al. does disclose the second tubular end – at bottom of 20, is positioned around a base covering – at 26 – see figure 2. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Holzmann and add the second end positioned around a base covering as disclosed by Fruscella et al., so as to yield the predicable result of providing more support to the fishing rod during use as desired.
Claim(s) 7-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Holzmann as applied to claims 1 or 4 above, and further in view of U.S. Patent No. 3,920,270 to Adamaitis.
Referring to claim 7, Holzman further discloses a distal buckle – at either of items 13 as seen in figure 2, the distal buckle – at 13, comprising a distal aperture – see opening in 13 for receiving the strap – at 14 as seen in figure 2. Holzmann does not disclose the distal aperture being centrally positioned on the distal buckle. Adamaitis does disclose a distal buckle – at either of items 42, and a distal aperture – see opening in item 42 in figures 1 and 3, and the distal aperture being centrally positioned on the distal buckle – at 42 – see at 42 in figures 1 and 3. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Holzmann and add the distal buckle aperture centrally positioned on the distal buckle as disclosed by Adamaitis, so as to yield the predictable result of ensuring the strap can be easily moved through the buckle as desired during use.
Referring to claim 8, Holzmann as modified by Adamaitis further discloses a distal band – at 14 of Holzmann and – at 41 of Adamaitis, and the distal band being attached to the distal buckle – at 13 of Holzmann and – at 42 of Adamaitis – see figure 2 of Holzmann and figures 1 and 3 of Adamaitis.
Referring to claim 9, Holzmann further discloses a proximal buckle – at either of items 13, the proximal buckle comprising a proximal aperture – see opening in 13 for receiving the strap – at 14 as seen in figure 2. Holzmann does not disclose the proximal aperture being centrally positioned on the proximal buckle. Adamaitis does disclose a proximal buckle – one of items 42, having a proximal aperture – see opening in 42 for receiving the strap – at 41 in figures 1 and 3, and the proximal aperture being centrally positioned on the proximal buckle – at 42 – see at 42 in figures 1 and 3. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Holzmann and add the proximal buckle aperture centrally positioned on the proximal buckle as disclosed by Adamaitis, so as to yield the predictable result of ensuring the strap can be easily moved through the buckle as desired during use.
Referring to claim 10, Holzmann as modified by Adamaitis further discloses a proximal band – at either of items 14 of Holzmann and at either of items 41 of Adamaitis, the proximal band being attached to the proximal buckle – at 13 of Holzman and – at 42 of Adamaitis, and the proximal band – at 14 of Holzmann, traversing through the left channel – at left side of 32,33 – see figures 1-5 of Holzmann, the rear side – see the band – at 41 through items 31-34 to the rear of the backplate – at 12 as seen in figures 1-3 of Adamaitis, and through the right channel – at the right side of 32,33 as seen in figures 1-5 of Holzmann. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Holzmann and add the proximal buckle aperture centrally positioned on the proximal buckle and have the proximal band traversing the rear side of the backplate as disclosed by Adamaitis, so as to yield the predictable result of ensuring the strap can be easily moved through the buckle as desired during use while better securing the band to the backplate.
Claim(s) 11 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Holzmann as applied to claim 1 above, and further in view of U.S. Patent Application Publication No. 2015/0059230 to Ennis et al. and further in view of U.S. Patent Application No. 2021/0378224 to Sigman.
Referring to claim 11, Holzmann does not disclose at least one zip tie, the tubular holder comprising a plurality of attachment apertures at the distal end of the tubular holder, the zip tie traversing through the plurality of attachment apertures, and the distal band being attached to the tubular holder by way of the plurality of zip ties. Ennis et al. does disclose at least one fastener band/strap – at 140a,140b, the tubular holder – at 120, comprising a plurality of attachment apertures – at 127a,128a or – at 127b,128b, at the distal end of the tubular holder – at 120 – see figure 3a, the fastener band/strap – at 140,140b, traversing through the plurality of attachment apertures – at 127a,128a and 127b,128b – see figure 3a, and the distal band – at 200, being attached to the tubular holder – at 120, by way of the plurality of the plurality of fastener bands/straps – at 140a,140b – see figure 3a. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Holzmann and add the fastener bands/straps attached on the holder tube as disclosed by Ennis et al., so as to yield the predictable result of removably securing the holder tube to a supporting object during use. Holzmann as modified by Ennis et al. does not disclose the fastener band/strap is at least one zip tie. Sigman discloses a fishing rod holder using a zip tie – at 330 for attaching components of the rod holder together – see figure 3 and paragraphs [0029]-[0030]. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Holzmann as modified by Ennis et al. and use any suitable functionally equivalent fastener band/strap including the zip tie disclosed by Sigman, so as to yield the predictable result of removably securing the components of the rod holder together while removably securing the holder tube to a supporting object during use.
Referring to claim 13, Holzmann as modified by Ennis et al. and Sigman further discloses the first tubular end – top of 15, having a front side and a rear side – see at 15 in figures 1-5 of Holzmann, and the backplate – at 16-21, being fastened to the rear side of the first tubular end – see at 16,17,20 in figures 1-5 of Holzman, and the backplate – at 16-21, comprising a left edge and a right edge – see left and right sides of 16-19 in figures 1-5 of Holzmann, and the backplate comprising a rear side – see side of 16-21 disposed away from the rod holder – at 15 as seen in figures 1-5 of Holzmann, a first set of prongs – see C-shape of items 16-19 in figure 4 of Holzmann, with the top and bottom of the C-shape providing prong-like elements, being positioned adjacent to the left edge – see prongs extending entire length of items 16-19 as seen in figures 1-5 of Holzmann, and therefore the prongs are at the left edge as seen in figure 4, and a second set of prongs – other of the top and bottom of the C-shape of items 16-19, being positioned adjacent to the right edge – see prongs extending the entire length of items 16-19 as seen in figures 1-5 of Holzmann and therefore the prongs are at the right edge.
Referring to claim 14, Holzmann as modified by Ennis et al. and Sigman further discloses a left channel – left of items 32 and/or 33, being formed between the left edge – left side of 16-19 and the first set of prongs – top and bottom of C-shape of items 16-19 – see figures 1-5 of Holzmann, and a right channel – right of items 32 and/or 33, being formed between the right edge – right side of 16-19, and the second set of prongs – C-shape top and bottom portions of 16-19 as seen in figures 1-5 of Holzmann, and the first set of prongs comprising an upper left prong and a lower left prong – see upper and lower portions of the C-shape of items 16-19 in figures 1-5 of Holzmann, and the second set of prongs comprising an upper right prong and a lower right prong – see upper and lower portions of the C-shape of items 16-19 in figures 1-5 of Holzmann.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Holzmann in view of Fruscella et al.
Referring to claim 12, Holzmann discloses a fishing rod holder comprising, a holder tube – at 15, a backplate – at 16-21, the holder tube comprising a first tubular end – top of 15, a second tubular end – bottom of 15, an angled crown – see outwardly flared top of 15 in figures 1-5, and a lateral tubular wall – outer wall of 15, the first tubular end is positioned opposite to the second tubular end along the lateral tubular wall – see vertical orientation of 15 in figures 1-5, the angled crown being positioned perimetrical to the first tubular end – see top of 15 in figures 1-5. Holzmann further discloses the second tubular end being perimetrically positioned around a base of the tube – see at the bottom of 15 in figures 1-5, the first tubular end – top of 15, having a front side and a rear side – see at 15 in figures 1-5, and the backplate – at 16-21, being fastened to the rear side of the first tubular end – see at 16,17,20 in figures 1-5. Holzmann does not disclose the second tubular end being positioned around a base covering. Fruscella et al. does disclose the second tubular end – at bottom of 20, is positioned around a base covering – at 26 – see figure 2. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Holzmann and add the second end positioned around a base covering as disclosed by Fruscella et al., so as to yield the predicable result of providing more support to the fishing rod during use as desired.
Claim(s) 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Holzmann a modified by Ennis et al. and Sigman as applied to claim 14 above, and further in view of Adamaitis.
Referring to claim 15, Holzman as modified by Ennis et al. and Sigman further discloses a distal buckle – at either of items 13 as seen in figure 2, the distal buckle – at 13, comprising a distal aperture – see opening in 13 for receiving the strap – at 14 as seen in figure 2 of Holzmann. Holzmann as modified by Ennis et al. and Sigman does not disclose the distal aperture being centrally positioned on the distal buckle. Adamaitis does disclose a distal buckle – at either of items 42, and a distal aperture – see opening in item 42 in figures 1 and 3, and the distal aperture being centrally positioned on the distal buckle – at 42 – see at 42 in figures 1 and 3. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Holzmann as modified by Ennis et al. and Sigman and add the distal buckle aperture centrally positioned on the distal buckle as disclosed by Adamaitis, so as to yield the predictable result of ensuring the strap can be easily moved through the buckle as desired during use. Holzmann as modified by Ennis et al., Sigman and Adamaitis further discloses a distal band – at 14 of Holzmann and – at 41 of Adamaitis, and the distal band being attached to the distal buckle – at 13 of Holzmann and – at 42 of Adamaitis – see figure 2 of Holzmann and figures 1 and 3 of Adamaitis, and the distal band – at 14 of Holzmann, traversing through the left channel – at left side of 32,33 – see figures 1-5 of Holzmann, the rear side – see the band – at 41 through items 31-34 to the rear of the backplate – at 12 as seen in figures 1-3 of Adamaitis, and through the right channel – at the right side of 32,33 as seen in figures 1-5 of Holzmann. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Holzmann and add the distal buckle aperture centrally positioned on the proximal buckle and have the distal band traversing the rear side of the backplate as disclosed by Adamaitis, so as to yield the predictable result of ensuring the strap can be easily moved through the buckle as desired during use while better securing the band to the backplate.
Referring to claim 16, Holzmann as modified by Ennis et al., Sigman and Adamaitis further discloses an elongated cutout adjacent to the first tubular end – see at the top of 15 not labeled but shown in figures 1-5 of Holzmann for receiving a fishing reel, and the elongated cutout parallel to the holder tube – see vertical orientation of the cutout in figures 1-5 of Holzmann, a lip traversing the length of the elongated cutout – see edge of the cutout formed by item 15 in figures 1-5 of Holzmann. Holzmann as modified by Ennis et al., Sigman and Adamaitis further discloses at least one fastener band/strap – at 140a,140b, the tubular holder – at 120, comprising a plurality of attachment apertures – at 127a,128a or – at 127b,128b, at the distal end of the tubular holder – at 120 – see figure 3a of Ennis et al., the fastener band/strap – at 140,140b, traversing through the plurality of attachment apertures – at 127a,128a and 127b,128b – see figure 3a of Ennis et al., and the distal band – at 200, being attached to the tubular holder – at 120, by way of the plurality of the plurality of fastener bands/straps – at 140a,140b – see figure 3a of Ennis et al. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Holzmann and add the fastener bands/straps attached on the holder tube as disclosed by Ennis et al., so as to yield the predictable result of removably securing the holder tube to a supporting object during use. Holzmann as modified by Ennis et al., Sigman and Adamaitis further discloses a fishing rod holder using a zip tie – at 330 for attaching components of the rod holder together – see figure 3 and paragraphs [0029]-[0030] of Sigman. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Holzmann as modified by Ennis et al. and use any suitable functionally equivalent fastener band/strap including the zip tie disclosed by Sigman, so as to yield the predictable result of removably securing the components of the rod holder together while removably securing the holder tube to a supporting object during use.
Referring to claim 17, Holzmann as modified by Ennis et al., Sigman and Adamaitis further discloses a proximal buckle – at either of items 13, the proximal buckle comprising a proximal aperture – see opening in 13 for receiving the strap – at 14 as seen in figure 2 of Holzmann, and further discloses a proximal buckle – one of items 42, having a proximal aperture – see opening in 42 for receiving the strap – at 41 in figures 1 and 3 of Adamaitis, and the proximal aperture being centrally positioned on the proximal buckle – at 42 – see at 42 in figures 1 and 3 of Adamaitis. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Holzmann and add the proximal buckle aperture centrally positioned on the proximal buckle as disclosed by Adamaitis, so as to yield the predictable result of ensuring the strap can be easily moved through the buckle as desired during use. Holzmann as modified by Ennis et al., Sigman and Adamaitis further discloses a proximal band – at either of items 14 of Holzmann and at either of items 41 of Adamaitis, the proximal band being attached to the proximal buckle – at 13 of Holzman and – at 42 of Adamaitis, and the proximal band – at 14 of Holzmann, traversing through the left channel – at left side of 32,33 – see figures 1-5 of Holzmann, the rear side – see the band – at 41 through items 31-34 to the rear of the backplate – at 12 as seen in figures 1-3 of Adamaitis, and through the right channel – at the right side of 32,33 as seen in figures 1-5 of Holzmann. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Holzmann and add the proximal buckle aperture centrally positioned on the proximal buckle and have the proximal band traversing the rear side of the backplate as disclosed by Adamaitis, so as to yield the predictable result of ensuring the strap can be easily moved through the buckle as desired during use while better securing the band to the backplate.
Conclusion
7. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The following patents are cited to further show the state of the art with respect to fishing rod holders in general:
U.S. Pat. No. 2,781,958 to Lewandowski – shows rod holder
U.S. Pat. No. 5,639,057 to Yeomans – shows rod holder
U.S. Pat. No. 5,813,162 to Tse et al. – shows rod holder
U.S. Pat. No. 5,915,942 to Ratliffe – shows rod holder
U.S. Pat. No. 5,956,883 to Krouth et al. – shows rod holder
U.S. Pat. No. 6,029,872 to Ellington – shows rod holder
U.S. Pat. No. 6,269,990 to Gray – shows rod holder
U.S. Des. No. D523,109 to Palmer – shows rod holder
U.S. Pub. No. 2014/0360086 to Finlan – shows rod holder
U.S. Pat. No. 9,924,785 to Gilmore – shows rod holder
U.S. Pub. No. 2023/0094262 to Ellwood – shows rod holder
U.S. Pat. No. 11,700,842 to Sutton – shows rod holder
U.S. Pat. No. 11,981,385 to MacIntosh – shows rod holder
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J PARSLEY whose telephone number is (571)272-6890. The examiner can normally be reached Monday-Friday, 8am-4pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Poon can be reached at (571) 272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID J PARSLEY/Primary Examiner, Art Unit 3643