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 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 1-12 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.
For claim 1, the ending of the preamble is unclear. For instance, the preamble appears to set forth an anchoring device; however, the claim then appears to possibly positively require “the rod” several times throughout the claim. Thus, not only is the preamble unclear, the scope of the claimed invention is unclear.
Additionally, claim 1 recites “an anchor member” with no clear structural elements required in the claim, and then lays out three separate sections. The term “section” not only does not have any structural limitation required or implied, the term also does not preclude any other sections.
Claims 2-12 are rejected as ultimately dependent from claim 1, rejected above.
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.
(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.
Claims 1-6, 8, 10, & 13 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being disclosed by Ciari (US 20150201600 A1).
For claim 1, Ciari discloses an anchoring device (11) for a fishing rod (15) comprising an elongate anchor member (11) and means to attach the anchor member to the rod during use (mount 45), wherein the anchor member includes:
a first section (65) which is orientated parallel to the rod when the device is attached (Fig. 1: the rod, held in 47, would be parallel to 65);
a second section (69) which is orientated parallel to the rod when the device is attached (Fig. 1: the rod, held in 47, would be parallel to 69);
wherein the first and second sections are divided by a middle section (73) which extends generally perpendicular to the rod when the device is attached (Fig. 5).
For claim 2, Ciari discloses the anchoring device according to claim 1, and Ciari further discloses wherein the anchor member is rotatable ¶¶0026-27.
For claim 3, Ciari discloses the anchoring device according to claim 1, and Ciari further discloses wherein the anchor member is made from a singular construction (when assembled, the device of Ciari is one, or singular, construction).
For claim 4, Ciari discloses the anchoring device according to claim 1, and Ciari further discloses wherein the anchor member is made from metal (¶0028 discusses steel, aluminum, brass).
For claim 5, Ciari discloses the anchoring device according to claim 1, and Ciari further discloses wherein the means of attaching said anchor member further comprises a base structure (45).
For claim 6, Ciari discloses the anchoring device according to claim 5, and Ciari further discloses wherein the means of attaching said anchor member is an aperture (formed within clip 51) located on the base structure (Figs. 2 & 5), through which the rod is locatable therein (the split of clip 51 is capable of being used for positioning rod 15 into the base 45).
For claim 8, Ciari discloses the anchoring device according to claim 5, and Ciari further discloses wherein the means of attaching said anchor member is a snap-fit mechanism wherein the fishing rod is located within a recess on the base structure (rod 15 is located within clip 51 which is resilient and snaps together to at least partially enclose the rod 15, Figs. 1, 2, & 5).
For claim 10, Ciari discloses the anchoring device according to claim 5, and Ciari further discloses wherein the base is made from plastic (“acrylic,” ¶0028).
For claim 13, Ciari discloses a method of anchoring a fly (41) having a hook portion (43) against a fishing rod (15) prior to casting (any time prior to casting), wherein the method comprises the steps of:
providing an anchoring device (11) comprising an elongate anchor member (11) and means to attach the anchor member to the rod during use (mount 45), wherein the anchor member includes (a) a first section (65) which is orientated parallel to the rod when the device is attached (Fig. 1: the rod, held in 47, would be parallel to 65); and (b) a second section (69) which is orientated parallel to the rod when the device is attached (Fig. 1: the rod, held in 47, would be parallel to 69); wherein the first and second sections are divided by a middle section (73) which extends generally perpendicular to the rod when the device is attached (Fig. 5);
attaching the anchoring device to the rod (Fig. 1); and
locating the hook member of the fly over1 the middle section of the anchor member (Fig. 1: the hook is closer to the tip/top of the rod 15 than the anchor).
In the alternative, claims 1, 5, & 9 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being disclosed by Johnson et al. (US 20060168873 A1, “Johnson”).
For claim 1, Johnson discloses an anchoring device (10) for a fishing rod (Fig. 2) comprising an elongate anchor member (10, Fig. 1) and means to attach the anchor member to the rod during use (24, ¶0016), wherein the anchor member includes:
a first section which is orientated parallel to the rod when the device is attached (one horizontal arm 21);
a second section which is orientated parallel to the rod when the device is attached (the other horizonal arm 21);
wherein the first and second sections are divided by a middle section (17) which extends generally perpendicular to the rod when the device is attached (Fig. 2).
For claim 5, Johnson discloses the anchoring device according to claim 1, and Johnson further discloses wherein the means of attaching said anchor member further comprises a base structure (silicone tape 24 applied to the ends 12: Fig. 2 and ¶0016).
For claim 9, Johnson discloses the anchoring device according to claim 5, and Johnson further discloses wherein the base is made from rubber (“silicone”, ¶0016).
In the alternative, claims 1, 5, 11, & 12 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being disclosed by Crommett (US 20220015345 A1).
For claim 1, Crommett discloses an anchoring device (12) for a fishing rod (Fig. 3) comprising an elongate anchor member (12) and means to attach the anchor member to the rod during use (28, ¶0051), wherein the anchor member includes:
a first section which is orientated parallel to the rod when the device is attached;
a second section which is orientated parallel to the rod when the device is attached (where the first and the second sections are the housing 12 split along a line represented by 42, Fig. 5; each element of the housing 12 is parallel to a portion of the rod, Fig. 3);
wherein the first and second sections are divided by a middle section (represented by 58) which extends generally perpendicular to the rod when the device is attached (Fig. 3).
For claim 5, Crommett discloses the anchoring device according to claim 1, and Crommett further discloses wherein the means of attaching said anchor member further comprises a base structure (the portion of 24 which forms first holes 26 for retaining connectors 28, ¶0051).
For claim 11, Crommett discloses the anchoring device according to claim 5, and Crommett further discloses wherein the base is made from a biodegradable material (“wooden,” ¶0050).
For claim 12, Crommett discloses the anchoring device according to claim 5, and Crommett further discloses wherein the surface of the base structure comprises visual indentations (first holes 24 form a visual cue of where to place connectors 28).
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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Ciari as applied to claim 5 above, and further in view of Omura (US 20210352882 A1).
For claim 7, Ciari discloses the anchoring device according to claim 5.
Ciari is silent to wherein the means of attaching said anchor member is an O-ring locatable within a groove located on the external periphery of the base structure.
Omura, like prior art above, teaches a rod-supported implement (title, disclosure) further comprising means of attaching said anchor member is an O-ring (elastic band 150, ¶0070; O-ring, ¶0075) locatable within a groove (Fig. 3 & ¶0070) located on the external periphery of the base structure (Fig. 3).
Therefore, it would have been obvious to one of ordinary skill in the art before the claimed invention was effectively filed to modify the attachment of the anchoring device of Ciari with an O-ring supported within a groove about the circumference of the base as taught by Omura, in order to realize the advantages that a resilient elastic band has in holding a tighter connection, and yielding predictable results.
Conclusion
The cited prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Special attention is drawn to the disclosures of US 3763589 A, US 20120067992 A1, GB 2431555 A, US 5342003 A, US 3281981 A, and US 0468227 A as disclosing an invention or aspects of the invention which are similar to those claimed and/or disclosed in the instant invention. The remaining references cited establish the state of the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Morgan T. Jordan whose telephone number is (571)272-8141. The examiner can normally be reached M-Th 8:30-5:30.
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/MORGAN T JORDAN/Primary Examiner, Art Unit 3643
1 Interpretation note: no other points of reference have been provided in the claim. As such, “over” is considered toward the distal end of the rod.
