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 .
Terminal Disclaimer
The terminal disclaimer filed on 11/26/2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent Application 17/940,252 has been reviewed and is accepted. The terminal disclaimer has been recorded.
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 1-9, 11, and 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.
In regard to claim 1, lines 9-14, the phrase “a first grip portion, which includes a pair of portions…occupying at least 10° of an upper half of the first grip portion is a curved surface whose curvature radius is larger than that of a second portion” renders the claim vague and indefinite since it is not being clearly claimed that collectively the pair of portions of the first portion occupy at least 10° of an upper half of the first grip portion and that each of the portions 23 of the pair of portions have a curvature radius larger than that of the second portion. Possibly the phrase could be rewritten as --a first grip portion, which includes a pair of portions…the pair of portions occupying at least 10° of an upper half of the first grip portion and each of the portions of the pair of portions is a curved surface whose curvature radius is larger than that of a second portion--.
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) 1-5, 7-9, and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2007-295805 to Ezuka et al. in view of Loomis 4,962,608.
In regard to claim 1, Ezuka et al. discloses a fishing rod handle member comprising: a reel seat main body (10) having a bulging portion (21, 24) and a reel leg placement portion (11) on which a reel leg is placed; and a grip (3) rearward of the reel seat main body along an axial direction of the reel seat main body (see Fig. 1), wherein the reel seat main body (10) and the grip (3) are separately formed, the fishing rod (2) being formed of carbon fiber reinforced plastic, and the reel seat main body (10) has a first grip portion (first grip portion generally extends from F10 to F15 in Fig. 4) that is continuous over a range from a point frontward (see Figs. 10-12 which correspond to the sectional views from Fig. 4 which are forward of the bulging portion 21, 24) of the bulging portion (21, 24) to a point rearward (see Figs. 14-15 which correspond to the sectional views from Fig. 4 which are rearward of the bulging portion 21, 24) of the bulging portion (21, 24) along the axial direction, and a first portion (see upper side surfaces of 10 that are on either side of 11 in Figs. 10-15), which includes a pair of portions (see the arrow for reference number 4 in Figs. 10-15 which is generally pointing at the general location of one of the portions on the right side of 10) spaced apart from each other in a circumferential direction with a convex curved surface (11, 12, 14) in between the pair of portions, occupying at least 10° of an upper half of the first grip portion (see Figs. 10-15) is a curved surface whose curvature radius is larger (see the pair of portions of 10 in Figs. 10-15 which are closer to being flat surfaces and therefore have larger radiuses of curvature) than that of a second portion (see lower surface of 10 in Figs. 10-15 which are rounded surfaces have relatively smaller radius of curvatures; see 32 in Fig. 11 which represents the second portion), which is a remaining portion excluding the first portion, around a circumference of the reel seat main body (see Figs. 10-15), wherein the pair of portions are continuous directly with the convex curved surface (11, 12, 14) or via a connecting surface (Figs. 10-13 have connecting surfaces between the pair of portions and the convex curved surface 11 in the form of ridges in Figs. 10-13 or valleys in Fig. 13), but does not disclose wherein the reel seat main body and the grip are integrally molded, the fishing rod handle member being formed of carbon fiber reinforced plastic. Loomis et al. disclose a fishing rod handle member (see Fig. 1) comprising: a reel seat main body (16,18,24,26,28) having a bulging portion (18) and a reel leg placement portion (24) on which a reel leg is placed; and a grip (14) rearward of the reel seat main body along an axial direction of the reel seat main body, wherein the reel seat main body and the grip are integrally molded (handle 14 is integrally molded with blank 12 and trigger 18 can be integrally molded with rod 10), the fishing rod handle member being formed of carbon fiber reinforced plastic (resin-reinforced graphite), and Loomis et al. states that “the foregoing hollow rod blank is integrally and simultaneously formed with a hollow handle to provide a unitary fishing rod. This rod design eliminates structural discontinuities along the length of the rod, especially at the juncture between the blank and the handle. As a result, the power being applied to the rod by a fisherman during casting is uniformly transferred along the rod to the tip to maximize casting distance. In addition, vibrations imparted by a load acting at the tip of the rod are transmitted along the rod to the handle without any significant attenuation.” (see col. 2, lines 50-61). 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 fishing rod handle member of Ezuka et al. such that the reel seat main body and the grip are integrally molded, the fishing rod handle member being formed of carbon fiber reinforced plastic in view of Loomis et al. in order to eliminate discontinuities along the length of the rod handle member between the discrete reel seat main body and discrete grip so as to improve the performance of the fishing rod handle member and to utilize a known material to be used in the molding of the fishing rod handle member which is lightweight and can withstand great forces when fighting large fish. Ezuka et al. also does not specifically disclose a first grip portion that is continuous over a range from 40 mm frontward of the bulging portion to 100 mm rearward of the bulging portion along the axial direction. It would have been an obvious matter of design choice before the effective filing date of the claimed invention to modify the first grip portion of Ezuka et al. such that it is continuous over a range from 40 mm frontward of the bulging portion to 100 mm rearward of the bulging portion along the axial direction since applicant has not disclosed that by doing so produces any unexpected results or is critical to the design, and because a person of ordinary skill in the art would readily extend the first grip portion continuously over the claimed range since it is the location where the user places their hand when attempting to manipulate the fishing rod such as when the user is casting or retrieving the lure connected to the fishing rod so as to thereby provide a positive grasping surface that prevents rotation of the fishing rod when held in the hand of the user and to position the first grip portion to be continuous over a range that can accommodate grasping by the fisherpersons having hands of varying sizes and shapes.
In regard to claim 2, Ezuka et al. disclose wherein a curvature radius of a curved surface (see the opposing portions of the pair of portions in Figs. 10-15 that are closer to being flat in shape than the lower surface of 10 of Ezuka et al.) of the first portion (see upper side surfaces of 10 that are on either side of 11 in Figs. 10-15) occupying at least 10° of a circumference of the upper half portion of the first grip portion (see Figs. 10-15 of Ezuka et al.), but do not disclose wherein the radius of curvature of the curved surface is R20 or more or -R30 or less. It would have been an obvious matter of design choice to one of ordinary skill before the effective filing date of the claimed invention to modify the radius of curvature of the curved surface of Ezuka et al. such that it is R20 or more or -R30 or less since applicant has not disclosed that by doing so produces any unexpected results or is critical to the design, and because a person of ordinary skill in the art would readily design the radius of curvature of the curved surface in order to customize the fishing rod handle to what feels comfortable and suitable to the ultimate user of the fishing rod whose hand may conform to a particular and appropriate radius of curvature of the curved surface.
In regard to claim 3, Ezuka et al. do not disclose wherein a curvature radius of a curved surface of the second portion other than the first portion is R13 or more and less than R20. It would have been an obvious matter of design choice to one of ordinary skill before the effective filing date of the claimed invention to modify a radius of curvature of a curved surface of the second portion other than the first portion of Ezuka et al. such that it is R13 or more and less than R20 since applicant has not disclosed that by doing so produces any unexpected results or is critical to the design, and because a person of ordinary skill in the art would readily design the radius of curvature of the curved surface of the second portion other than the first portion in order to customize the fishing rod handle to what feels comfortable and suitable to the ultimate user of the fishing rod whose hand may conform to a particular and appropriate radius of curvature of the curved surface of the second surface.
In regard to claim 4, Ezuka et al. disclose a transition portion (see transitions between the pair of portions and the second portion in Figs. 10-15 of Ezuka et al.) between the first portion (see upper side surfaces of 10 that are on either side of 11 in Figs. 10-15) and the second portion (see lower surface of 10 in Figs. 10-15 which are rounded surfaces have relatively smaller radius of curvatures; see 32 in Fig. 11 which represents the second portion).
In regard to claim 5, Ezuka et al. disclose wherein the transition portion is an inflection line (transition from the portions to the second portion in Figs. 10-15, wherein the portions are closer to being flat in shape than the lower surface of 10 which is more rounded in Figs. 10-15 can have a line drawn therebetween).
In regard to claim 7, Ezuka et al. and Loomis et al. disclose wherein the fishing rod handle member (see Figs. 2, 3, 6-15 of Ezuka et al.; see Fig. 1 of Loomis et al.) is formed in a hollow shape (10 of Ezuka et al. define a hollow shape; blank 12, handle 14, trigger 18 are of hollow construction of Loomis et al.).
In regard to claim 8, Ezuka et al. and Loomis et al. disclose wherein an end of a rod body (2 of Ezuka et al.; 12 of Loomis et al.) is attached to one end (13 of Ezuka et al.; 26 of Loomis et al.) of the reel seat main body (10 of Ezuka et al; 16,18,24,26,28 of Loomis et al.) at an opposite side of the grip (3 of Ezuka et al.; 14 of Loomis et al.).
In regard to claim 9, Ezuka et al. and Loomis et al. disclose wherein carbon fibers (graphite of Loomis et al.) of the carbon fiber reinforced plastic (resin-reinforced graphite of Loomis et al.) are continuously formed along a longitudinal direction of the fishing rod handle member (resin-impregnated graphite may be obtained in woven fabric form and cut into patterns of desired shapes and the patterns may then be wrapped over a mandrel, wherein the wrapping of the woven fabric over the mandrel results in the fibers being formed along a longitudinal direction as claimed; see col. 5, lines 39-47 of Looms et al.; present claim language fails to particularly claim an orientation of the carbon fibers that is not disclosed by Loomis et al. such as the fibers having a length parallel to the longitudinal axis of the fishing rod etc.).
In regard to claim 11, Ezuka et al. and Loomis et al. disclose wherein the transition portion is an inflection surface (see Figs. 10-15 of Ezuka et al. and especially Figs. 11-15), and the surface is flat or has a curvature radius (see Figs. 10-15 of Ezuka et al. which shows the change in direction as discussed above as having a slight curve), but do not disclose a curvature radius in a range of R.01 to R1.0. It would have been an obvious matter of design choice before the effective filing date of the claimed invention to modify the inflection surface of Ezuka et al. and Loomis et al. such that it has a curvature radius in a range of R.01 to R1.0 since applicant has not disclosed that by doing so produces any unexpected results or is critical to the design, and because a person of ordinary skill in the art would readily design the inflection surface of Ezuka et al. and Loomis et al. to have a curvature radius in a range of R.01 to R1.0 in order to provide a smoothly and gently curved surface that can be conformingly received by the inner surfaces of the grasping hands of the user to achieve a better and more comfortable grip.
Claim(s) 6 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2007-295805 to Ezuka et al. in view of Loomis 4,962,608 as applied to claim 1 above, and further in view of JP 2727538 to Akiba et al.
In regard to claims 6 and 12 respectively, Ezuka et al. and Loomis et al. disclose wherein the grip (3 of Ezuka et al.; 14 of Loomis et al.) includes a second grip portion (at F15 in Fig. 4 of Ezuka et al.---see Fig. 15 of Ezuka et al.; portion of 16 with 44 extending rearwardly generally from 26 to portion of 14 with 44 behind 24 and adjacent 28 in Figs. 1-3 of Loomis et al.) in a range from a rear end of the fishing rod handle member when viewed in the axial direction (see Figs. 1-6 of Ezuka et al.; see Figs. 1-3 of Loomis et al.), and a first portion of the second grip portion occupying at least 10° of an upper half portion of the grip portion around the circumference has a flat surface (see the portions of the pair of portions in Fig. 15 of Ezuka et al., wherein the right portion of the portions is being pointed at by the arrow of reference number 4; 44 is a flat surface in Fig. 4 of Loomis et al.) or a curved surface (see the pair of portions which are curved surfaces in Fig. 15 of Ezuka et al.) with a curvature radius larger than that of the second portion (see lower surface of 10 in Fig. 15 which is a rounded surface have relatively smaller radius of curvatures), but do not disclose the second grip portion in a range of 100 mm from a rear end of the fishing rod handle member when viewed in the axial direction. Akiba et al. disclose wherein the grip (1-3) includes a grip portion (3; see Figs. 1, 4, 5) in a range of 100 mm from a rear end (10) when viewed in the axial direction (see Figs. 1, 5, 7) in order to improve the gripping function at the time of fishing line throwing operation and fish catching operation. 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 grip portion of Ezuka et al. and Loomis et al. such that it is in a range of 100 mm from a rear end when viewed in the axial direction in view of Akiba et al. in order to provide the grip portion at the rear end of the fishing rod which is gripped by the user when casting the fishing line or fighting the caught fish in an attempt to gain leverage on the hooked fish so that the rod can be assuredly manipulated without slippage of the fishing rod handle with respect to the user’s hands by conforming to the inner surfaces of the grasping hands of the user.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-9, 11, and 12 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 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.
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/DARREN W ARK/Primary Examiner, Art Unit 3647
DWA
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