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 .
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 recites the limitation “the fitting adhesion portion” in line 5, which should instead recite “the tubular fitting adhesion portion” for consistency with the rest of the claim.
Appropriate correction is required.
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.
Claims 1, 3, 6-8, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakata et al. (JP-2020162473-A; herein English machine translation used for all citations).
Regarding claim 1, Nakata teaches a rear grip base material comprising a main body portion (enlarged-diameter section, 100B or 10B) and a tubular fitting adhesion portion (small diameter section, 100A or 10A) formed at one end of the main body portion and to which a rod body is fitted and adhered (Nakata, Par. 0001, 0006, 0009, 0011-0014, and Fig. 1). Nakata teaches the tubular fitting adhesion portion comprises an innermost layer (12), an inner diameter adjustment layer (13), a main body layer (23) and an outermost layer (15), wherein each layer is a fiber-reinforced resin layer (Nakata, Par. 0015-0020, 0023-0026, 0028, and Fig. 3). Nakata teaches the rear grip base material is used for forming a rear grip of a fishing rod (Nakata, Par. 0001 and Fig. 1). Regarding the limitation of the rear grip base material forming a rear grip of a fishing rod by internal pressure molding, this is considered a product-by-process limitation. Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (See MPEP 2113). The real grip base material structure of the prior art discloses a product which reasonably appears to be either identical or substantially identical to the claimed product-by-process rear grip base material structure subjected to the process steps of internal pressure molding, and therefore absent any objective evidence showing to the contrary, the addition of the process limitations of claim 1 does not provide a patentable distinction over the prior art.
Regarding claim 3, Nakata teaches the inner diameter adjustment layer is formed by at least one turn of a fiber-reinforced prepreg sheet as viewed in a circumferential direction (Nakata, Par. 0018, 0023, and Fig. 3).
Regarding claim 6, Nakata teaches a part of the innermost layer is formed to overlap the inner diameter adjustment layer in an axial direction of the rear grip base material (Nakata, Fig. 3).
Regarding claim 7, Nakata teaches a part of the innermost layer is formed on an inner surface of the main body layer (Nakata, Fig. 3).
Regarding claim 8, Nakata teaches the innermost layer, main body layer, and the outermost layer extend across the main body portion, and thus Nakata satisfies the limitation of the main body portion being formed such that the innermost layer, the main body layer, and the outermost layer extend (Nakata, Par. 0017, 0019-0020, 0023-0028, Fig. 2, and 4).
Regarding claim 10, Nakata teaches a rear grip formed using the rear grip base material (Nakata, Par. 0001). Regarding the limitation of the rear grip being formed via internal pressure molding, this is considered a product-by-process limitation. Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (See MPEP 2113). The real grip base material structure of the prior art discloses a product which reasonably appears to be either identical or substantially identical to the claimed product-by-process rear grip base material structure subjected to the process steps of internal pressure molding, and therefore absent any objective evidence showing to the contrary, the addition of the process limitations of claim 10 does not provide a patentable distinction over the prior art.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 6, and 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Nakata et al. in view of Oserada et al. (JP-2019062918-A; herein English machine translation used for all citations) and Kawamura (WO-2021192431-A1; US-20230309524-A1 used as English language equivalent).
Regarding claim 1, Nakata teaches a rear grip base material comprising a main body portion (enlarged-diameter section, 100B or 10B) and a tubular fitting adhesion portion (small diameter section, 100A or 10A) formed at one end of the main body portion and to which a rod body is fitted and adhered (Nakata, Par. 0001, 0006, 0009, 0011-0014, and Fig. 1). Nakata teaches the tubular fitting adhesion portion comprises an innermost layer (12+13), an inner diameter adjustment layer (23), and a main body layer (14+15), wherein each layer is a fiber-reinforced resin layer (Nakata, Par. 0015-0020, 0023-0026, 0028, and Fig. 3). Nakata teaches the rear grip base material is used for forming a rear grip of a fishing rod (Nakata, Par. 0001 and Fig. 1).
Nakata is silent regarding the tubular fitting adhesion portion comprising an outermost layer that is a fiber-reinforced resin layer.
Oserada teaches a rear grip base material (21) comprising a main body portion (41) and a tubular fitting adhesion portion (40), wherein the tubular fitting adhesion portion comprises a fiber-reinforced main resin layer (50) and an outermost layer (51+52) (Oserada, Par. 0001, 0006, 0023, 0032-0033, 0039-0040, 0049-0050, Figs 5-6 and 7b).
Nakata and Oserada are analogous art as they both teach rear grip base materials formed of multiple layers of fiber-reinforced resin. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included the outermost layer (51+52) of Oserada as outermost layers of the tubular fitting adhesion portion of Nakata. This would allow for reinforcement of the rear grip base material (Oserada, Par. 0050).
Modified Nakata is silent regarding the rear grip base material being used for forming a rear grip of a fishing rod by internal pressure molding.
Kawamura teaches forming a grip for a fishing rod via internal pressure molding, wherein the grip is formed of a fiber reinforced resin material (Kawamura, Abstract, Par. 0049, 0053, and 0076).
Modified Nakata and Kawamura are analogous art as they both teach fiber reinforced resin grips for fishing rods. It would have been obvious to one of ordinary skill in the art to use internal pressure molding to form the rear grip base material of modified Nakata into a rear grip of a fishing rod. This would allow for an outer surface that is more favorably molded as well as reduced weight of the material (Kawamura, Par. 0076).
Regarding claim 2, modified Nakata teaches the innermost layer is formed by a one-turn layer of two fiber-reinforced prepreg sheets (12+13) as viewed in a circumferential direction (Nakata, Par. 0018, 0023, and Fig. 3). Modified Nakata teaches the main body layer is formed by a one-turn layer of two fiber-reinforced prepreg sheets (14+15) as viewed in a circumferential direction (Nakata, Par. 0018, 0023, and Fig. 3). Modified Nakata teaches the outermost layer is formed by a one-turn layer of two fiber-reinforced prepreg sheets (51+52) as viewed in a circumferential direction (Oserada, Par. 0032-0033, 0039-0040, 0049-0050, and Fig. 7b).
Regarding claim 3, modified Nakata teaches the inner diameter adjustment layer is formed by at least one turn of a fiber-reinforced prepreg sheet (23) as viewed in a circumferential direction (Nakata, Par. 0017, 0028, and Fig. 3).
Regarding claim 6, modified Nakata teaches a part of the innermost layer is formed to overlap the inner diameter adjustment layer in an axial direction of the rear grip base material (Nakata, Fig. 3).
Regarding claim 8, modified Nakata teaches the innermost layer, main body layer, and the outermost layer extend across the main body portion, and thus Nakata satisfies the limitation of the main body portion being formed such that the innermost layer, the main body layer, and the outermost layer extend (Nakata, Par. 0017, 0019-0020, 0023-0028, Fig. 2, and 4; Oserada, Par. 0039-0040 and Fig. 7b).
Regarding claim 9, Nakata teaches a grip material comprising a main body portion (enlarged-diameter section, 100B or 10B) and a tubular fitting adhesion portion (small diameter section, 100A or 10A) formed at one end of the main body portion and to which a rod body is fitted and adhered (Nakata, Par. 0001, 0006, 0009, 0011-0014, and Fig. 1). Nakata teaches the tubular fitting adhesion portion comprises an innermost layer (12+13), an inner diameter adjustment layer (23), and a main body layer (14+15), wherein each layer is a fiber-reinforced resin layer (Nakata, Par. 0015-0020, 0023-0026, 0028, and Fig. 3). Nakata teaches the rear grip base material is used for forming a rear grip of a fishing rod (Nakata, Par. 0001 and Fig. 1).
Nakata is silent regarding the tubular fitting adhesion portion comprising an outermost layer that is a fiber-reinforced resin layer.
Oserada teaches a rear grip base material (21) comprising a main body portion (41) and a tubular fitting adhesion portion (40), wherein the tubular fitting adhesion portion comprises a fiber-reinforced main resin layer (50) and an outermost layer (51+52) (Oserada, Par. 0001, 0006, 0023, 0032-0033, 0039-0040, 0049-0050, Figs 5-6 and 7b).
Nakata and Oserada are analogous art as they both teach rear grip base materials formed of multiple layers of fiber-reinforced resin. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included the outermost layer (51+52) of Oserada as outermost layers of the tubular fitting adhesion portion of Nakata. This would allow for reinforcement of the rear grip base material (Oserada, Par. 0050).
Modified Nakata is silent regarding the material a reel seat base material that is used for forming a reel seat of a fishing rod by internal pressure molding.
Kawamura teaches forming a handle member including a reel seat and a grip for a fishing rod via internal pressure molding, wherein the handle member including the reel seat and the grip is formed of a fiber reinforced resin material (Kawamura, Abstract, Par. 0011-0012, 0014, 0049, 0053, and 0076).
Modified Nakata and Kawamura are analogous art as they both teach fiber reinforced resin materials for fishing rods. It would have been obvious to one of ordinary skill in the art to use internal pressure molding to form the material of modified Nakata into a reel seat of a fishing rod as taught by Kawamura. This would allow for reel seat with a good grip and reduced weight, as well as a material with an outer surface that is more favorably molded (Kawamura, Par. 0076; Nakata, Par. 0006).
Regarding claim 10, modified Nakata teaches a rear grip formed by internal pressure molding by using the rear grip base material (Nakata, Par. 0001; Kawamura, Par. 0076).
Regarding claim 11, modified Nakata teaches a reel seat formed by internal pressure molding by using the reel seat base material (Kawamura, Par. 0011-0012 and 0076).
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Nakata et al. in view of Oserada et al. and Kawamura as applied to claims 1 and 3 above, further in view of Izaki et al. (US-20190373875-A1).
Regarding claims 4-5, modified Nakata teaches all of the elements of the claimed invention as stated above for claims 1 and 3. Modified Nakata further teaches the inner diameter adjustment layer is formed by a multiple turn layer (Nakata, Par. 0017, 0028, and Fig. 3).
Modified Nakata is silent regarding the fibers of the fiber-reinforced resin of the inner diameter adjustment layer being oriented to be included with a circumferential direction of the rear grip base material in a range of 20 to 70 degrees as required by claim 4, and is silent regarding the inner diameter adjustment layer being formed by a multiple turn layer of one of one plain weave or twill weave fabric as viewed in a circumferential direction, and fibers of the plain weave or twill weave fabric are wound to be diagonally oriented in a range of 20 degrees to 70 degrees with respect to a circumferential direction of the rear grip base material as required by claim 5.
Izaki teaches a material for use in fishing rods comprising a fiber-reinforced resin material, wherein the fiber-reinforced resin material is a plain weave and fibers of the plain weave are wound to be diagonally oriented at 45 degrees with respect to an axial direction of the fishing rod, resulting in an angle of 45 degrees with respect to a circumferential direction of the fishing rod (Izaki, Abstract, Par. 0009, and 0059-0060), which lies within the claimed range of 20 degrees to 70 degrees and therefore satisfies the claimed range, see MPEP 2131.03.
Modified Nakata and Izaki are analogous art as they both teach fiber-reinforced resin materials for use in fishing rods. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed the inner diameter adjustment layer of modified Nakata to be a plain weave with fibers that are diagonally oriented within the claimed range. This would allow for improved strength and scratch resistance (Izaki, Par. 0060).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS J KESSLER JR whose telephone number is (571)272-3075. The examiner can normally be reached 7:30-5:30 M-Th.
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/THOMAS J KESSLER/Examiner, Art Unit 1782
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