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 .
Response to Amendment
Applicant's arguments filed on 03/25/2025 have been fully considered but they are not persuasive. The Applicant asserts that there are substantial differences in design choices between the instant application and the prior art of Iwata. While this may or may not be true, the Applicant’s amendments to the claims are largely drawn to the intended use of the device. The Examiner advises the Applicant to more narrowly claim the structure of the fishing rod handle to differentiate it over the prior art of Iwata. For example, claim 16 recites language concerning how various surfaces that comprise the fishing rod handle conform to the fingers and palm of the user. To more narrowly claim the structure of the handle, one could include limitations regarding how this is accomplished geometrically. Fishing rod handles are known in the art to conform to hands but the exact means by which they do this varies. The Applicant further argues regarding the physical structure of the handle of the instant application and how it allows for the various forms of casting. Iwata does not explicitly teach the use of its fishing rod for these different forms of casting, but still meets the structural requirements of the claims of the instant application. The Examiner recommends detailing the exact structure that allows for these various forms of casting in order to overcome the rejection.
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 16-23 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 16, line 5: it is unclear whether or not the limitations of “self-contained rest”, “support”, and “control surfaces” refer to the same components as in line 4.
Claim 16, line 6: it is unclear whether or not the limitations of “contoured and shaped rest”, “support”, and “control surfaces” refer to the same components as in line 4.
Regarding claim 19, it is unclear whether or not two separate reel seat connections are provided. The drawings seem to indicate that there is only one connection point.
Claims 17-18 and 20-23 are rejected as being dependent on a rejected base claim.
Claim Rejections - 35 USC § 102
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) 16-23 is/are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Iwata (US Pub. 2019/0166816 A1).
Regarding claim 16, Iwata discloses an apparatus comprising of:
a single-piece, multi-use contained fishing rod handle (handle) (Fig. 1, handle is comprised of various components such as lower member 11, trigger 9, half-cut unit 21, reel leg mounting surface 5, fixed hood unit 6), an orientation for bait, lure, spin and fly casting in a single handle (The handle could conceivably be used for different purposes), a rest, support and control surface for the user's fingers, thumb and palm, (The previously mentioned components of the handle are designed to accommodate a user’s hand), a rest, support and control surfaces continuously present on the handle for the user's fingers, thumb and palm, a contoured and shaped rest, support and control surfaces on the handle for the user's fingers, thumb and palm (Fig. 1, adjoining sides of trigger 9), a point of attachment for interchangeable fishing reels, fishing rods and handle extensions (Fig. 1, screw unit 7, holding-use nut 3).
Regarding claim 17, Iwata discloses a point of attachment on said handle for bait and spin casting fishing rods to connect on an end adjacent to a fishing real seat (Fig. 1, holding-use nut 3), a point of attachment on said handle for a flyfishing rod to connect on an end opposite the bait and spin casting rods (Fig. 1, screw unit 7, holding-use nut 3).
Regarding claim 18, Iwata discloses a point of fishing rod attachment to said handle secured by one of friction, threaded or bayonet mount types (Fig. 1, screw unit 7 is threaded).
Regarding claim 19, Iwata discloses a single adjustable reel seat connection on said handle that accommodates variable fishing reel and reel base dimensions, an adjustable reel seat connection on said handle that accommodates reel fishing line retrieval from both handle ends (Fig. 1, reel mounting surface 5 is adapted to accommodate fishing reels in a variety of configurations).
Regarding claim 20, as best understood by the Examiner, Iwata discloses a rest, support and control surface for the user's fingers, thumb and palm on said handle occupying the top and bottom side of the handle (Fig. 1, trigger 9, lower member 11, half-cut unit 21 contact the user’s palm, fingers, and thumb).
Regarding claim 21, Iwata discloses a hand position and orientation on said handle with dimensions accommodating the user's individual hand and manual operating control, dimensions and preferences respectively (As best understood by the examiner, the handle of Iwata is designed to conform the hand of the user and therefore satisfies the limitation of “accommodating”).
Regarding claim 22, Iwata discloses a cross section of said handle that varies along a central axis line(s) extending through the overall axial dimension or center and physical dimensions of said handle (Fig. 1, the handle has a cross section that varies along an imaginary centerline extending through the central axis of the rod 1).
Regarding claim 23, Iwata discloses an angular and lateral offset for elements of said handle, including the fishing rod and reel seat connections, and the finger, thumb and palm rest, support and control surfaces to accommodate the user's individual hand and manual operating control, dimensions and preferences respectively (The recited angular and lateral offset axis is only provided as a reference and adds no additional structure to the claim).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY HOOPER MUDD whose telephone number is (571)272-5941. The examiner can normally be reached Monday-Friday 8am-5pm.
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, Joshua Michener can be reached at 5712721467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HENRY HOOPER MUDD/Examiner, Art Unit 3642 /JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642
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