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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show the biasing member and anchor as described in the specification. According to the “Brief Description of the Drawings,” Figures 1, 2-4, and 7A-7E are directed to the same embodiment. However, the figures illustrating the anchor 66 and the biasing member 60 (Figures 3, 4, 7B, 7C, and 7E) show inconsistent details. The biasing member 60 in Figure 3 shows the anchor 66 being connected to the end of the biasing member which illustrates an obvious anchoring capability consistent with the specification. However, Figure 7C, the only other figure showing both the biasing member 60 and the anchor 66, does not illustrate any obvious direct or indirect connection between the biasing member and the anchor such that the anchor 66 is “configured for fixing or anchoring the biasing member 60 to the spool 10,” (Para. 0027, Ln. 7-10). Additionally, the biasing member 60 and anchor 66 shown in Figures 4, 7B, 7C, and 7E appear to comprise a different embodiment from that which is illustrated in Figure 3, and the specification does not describe the biasing member and anchor in reference to Figures 4, 7B, 7C, and 7E. Thus, Figures 4, 7B, 7C, and 7E are unclear and do not sufficiently illustrate the invention. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) due to the following:
Reference character “60” has been used to designate two different embodiments of the biasing member. Figure 3 shows a different shape, size, and placement of the biasing member than the biasing member shown in Figures 4, 7C, and 7E.
Reference character “66” has been used to designate two different embodiments of the anchor. Figure 3 shows a different placement of the anchor than the biasing member shown in Figures 7B and 7C.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
In addition to Replacement Sheets containing the corrected drawing figure(s), applicant is required to submit a marked-up copy of each Replacement Sheet including annotations indicating the changes made to the previous version. The marked-up copy must be clearly labeled as “Annotated Sheets” and must be presented in the amendment or remarks section that explains the change(s) to the drawings. See 37 CFR 1.121(d)(1). Failure to timely submit the proposed drawing and marked-up copy will result in the abandonment of the application.
Claim Objections
Claims 11-12 and 14 are objected to because of the following informalities:
Claim 11, Ln. 4, “tab” should read --the tab--
Claim 12, Ln. 2, “the inside portion of the skirt” appears to refer to “an interior surface of the skirt” (Claim 11, Ln. 2). For clarity, Examiner suggests “the inside portion of the skirt” should read --the interior surface of the skirt--
Claim 14, Ln. 2, “a secondary slot” is not stated in the specification, but appears to refer to “a relief slot” (Para. 0026, Ln. 5). For clarity, Examiner suggests “a secondary slot” should read --a relief slot--
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 4 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 4 states “the biasing member is a coil spring or a wavy spring having a diameter substantially corresponding to a diameter of the interior portion of the skirt.” However, the specification only identifies the biasing member as a coil spring or wavy spring and is silent regarding the diameter of the biasing member and any specific sizing requirements relative to other components. The specification states “the biasing member 60 may be self-supporting within the interior of the spool skirt 30 by the force of the biasing member 60,” (Para. 0027, Ln. 5-6) but does not sufficiently limit the “self-supporting” characteristic to being achieved by the selection of “a diameter substantially corresponding to a diameter of the interior portion of the skirt” (Claim 4, Ln. 2) as claimed. Additionally, the biasing member variants shown in Figures 5-6 are shown as separate components, not within an assembly or subassembly illustrating the size and placement of the biasing member variants relative to the interior portion of the skirt.
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.
Claim 4 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.
The term “substantially corresponding” in claim 4 is a relative term which renders the claim indefinite. The term “substantially corresponding” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. This renders the diameter of the biasing member in claim 4 to be indefinite. For examination purposes, Examiner has assumed “substantially corresponding” to mean that the diameter of the biasing member allows for the biasing member to abut the interior circumference of the skirt.
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.
Claims 1-3 and 5-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Furomoto (JP 2001269094A).
Regarding Claim 1, Furomoto, Figures 1-6, teaches a fishing reel spool 4, the spool 4 comprising:
a spooling area 7 for holding a line;
a skirt 7b;
a slot 7c formed as an opening (through hole; See Furomoto, Para. 0021, Ln. 4) at least partially in the skirt 7b;
a tab 71 defined by the slot 7c; and
a biasing member 72b on an interior portion of the skirt 7b;
wherein the slot 7c is configured such that a portion of the line can be passed into the slot 7c such that a first section of the line is positioned behind the tab 71 and a second section of the line extends back out of the slot 7c (See Furomoto, Para. 0021, Ln. 6-8); and
wherein the biasing member 72b is capable of biasing the line against the tab 71 (See Furomoto, Para. 0022, Ln. 3-5).
Regarding Claim 2, Furomoto is advanced above.
Furomoto further teaches a secondary member 72d located between the biasing member 72b and the inside portion of the skirt 7b (See Furomoto, Para. 0023, Ln. 8-10).
Regarding Claim 3, Furomoto is advanced above.
Furomoto further teaches wherein the secondary member 72d comprises an alignment structure 72e for aligning the secondary member 72d with the slot 7c (See Furomoto, Para. 0023, Ln. 11 - Para. 0024, Ln. 2).
Regarding Claim 5, Furomoto is advanced above.
Furomoto further teaches wherein the interior portion of the skirt 7b includes an anchor 80 for holding the biasing member 72b in a position such that the biasing member 72b engages the line against the tab 71 (See Furomoto, Fig. 6).
Regarding Claim 6, Furomoto is advanced above.
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Figure 1. Annotated Figure 3 from Furomoto
Furomoto, annotated Figure 1 above, teaches wherein the spooling area 7 includes:
a tubular section 7a around which the line is configured to wrap (See Furomoto, Para. 0019, Ln. 3-4); and
a face 7e projecting substantially perpendicular to the tubular section 7a;
wherein the skirt 7b extends substantially perpendicular to the face 7e and adjacent an outer edge of the face 7e.
Regarding Claim 7, Furomoto is advanced above.
Furomoto further teaches wherein the face 7e includes an anchor 80 on a bottom surface 7e’ of the face 7e opposite a top surface 7e’’ of the face 7e that is adjacent the spooling area 7 (See Figure 1 above), and wherein the anchor 80 can hold the biasing member 72b in a position such that the biasing member 72b engages the line against the tab 71 (See Furomoto, Fig. 6).
Regarding Claim 8, Furomoto is advanced above.
Furomoto further teaches wherein the slot 7c extends at least partially into the face 7e (See Furomoto, Fig. 5).
Regarding Claim 9, Furomoto is advanced above.
Furomoto further teaches wherein the tab 71 does not project beyond an outer surface of the skirt 7b (See Furomoto, Para. 0026, Ln. 1-2).
Regarding Claim 10, Furomoto, Figures 1-6, teaches a fishing reel spool 4, the spool 4 comprising:
a spooling area 7 for holding a line;
a skirt 7b;
a slot 7c formed as an opening (through hole; See Furomoto, Para. 0021, Ln. 4) in the skirt 7b; and
a tab 71 defined by the slot 7c;
wherein the slot 7c and the tab 71 are configured to hold a portion of the line such that the portion of the line held by the slot 7c and the tab 71 resists movement unless a sufficient force is applied to the line (See Furomoto, Para. 0022, Ln. 1-5).
Regarding Claim 11, Furomoto is advanced above.
Furomoto further teaches a biasing member 72b capable of providing a force holding the line against an interior surface of the skirt 7b (See Furomoto, Para. 0022, Ln. 1-5), wherein the force provided by the biasing member 72b increases the amount of sufficient force to overcome movement of the portion of the line held by the slot 7c and tab 71 (See Furomoto, Para. 0025, Ln. 6-9).
Regarding Claim 12, Furomoto is advanced above.
Furomoto further teaches a secondary member 72d located between the biasing member 72b and the inside portion of the skirt 7b (See Furomoto, Para. 0023, Ln. 8-10).
Regarding Claim 13, Furomoto is advanced above.
Furomoto further teaches wherein the secondary member 72d comprises an alignment structure 72e for aligning the secondary member 72d with the slot 7c (See Furomoto, Para. 0023, Ln. 11 - Para. 0024, Ln. 2).
Regarding Claim 14, Furomoto is advanced above.
Furomoto further teaches wherein the slot 7c is a primary slot (See Furomoto, Para. 0021, Ln. 6-8), and wherein the secondary member 72d includes a secondary slot 72c that aligns with the primary slot (See Furomoto, Para. 0023, Ln. 7-10).
Regarding Claim 15, Furomoto is advanced above.
Furomoto further teaches wherein the tab 71 is flush with an exterior surface of the skirt 7b (See Furomoto, Para. 0026, Ln. 1-2).
Regarding Claim 16, Furomoto, Figures 1-6, teaches a fishing reel spool 4, the spool 4 comprising:
a spooling area 7 for holding a line; and
a skirt 7b, wherein the skirt 7b comprises a slot 7c;
wherein the slot 7c is configured such that a section of the line can be passed into the slot 7c and positioned under an inside portion of the skirt 7b (See Furomoto, Para. 0022, Ln. 1-5).
Regarding Claim 17, Furomoto is advanced above.
Furomoto further teaches a biasing member 72b capable of providing a force holding the line against the inside portion of the skirt 7b (See Furomoto, Para. 0022, Ln. 3-5).
Regarding Claim 18, Furomoto is advanced above.
Furomoto further teaches a secondary member 72d located between the biasing member 72b and the inside portion of the skirt 7b (See Furomoto, Para. 0023, Ln. 8-10).
Regarding Claim 19, Furomoto is advanced above.
Furomoto further teaches wherein the secondary member 72d comprises an alignment structure 72e for aligning the secondary member 72d with the slot 7c (See Furomoto, Para. 0023, Ln. 11 - Para. 0024, Ln. 2).
Regarding Claim 20, Furomoto is advanced above.
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Figure 2. Annotated Figure 1 from Furomoto
Furomoto, annotated Figure 2 above, teaches wherein the slot 7c includes a first section 7c’, a second section 7c’’, and a third section 7c’’, and wherein the first section7c’, the second section 7c’’, and the third section 7c’’’ each are adjacent the tab 71.
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Furomoto (JP 2001269094A) as applied to claims 1-3 and 5-20 above, and further in view of Okada (JP H10113102A).
Regarding Claim 4, Furomoto is advanced above.
Furomoto teaches all the elements of the fishing reel spool except for wherein the biasing member is a coil spring or a wavy spring having a diameter substantially corresponding to a diameter of the interior portion of the skirt.
However, Okada, Figures 1-2 and Figure 8, teaches wherein the biasing member 17 is a spring having a diameter substantially corresponding to a diameter of the interior portion of the skirt 8d (See Okada, Para. 0021, Ln. 3-4, Para. 0023, Ln. 3-4).
Although neither Furomoto nor Okada explicitly teaches wherein the biasing member is a coil spring or a wavy spring, the specific style of spring is an obvious matter of design choice.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Furomoto (the biasing member exerting force on the tab to hold the fishing line) and Okada (the biasing member having a diameter substantially corresponding to a diameter of the interior portion of the skirt), for the purpose of increasing device reliability (i.e., providing a separate biasing member in the form of a spring eliminates the need for elasticity in the component which clips the fishing line, which removes the risk of an elastic line clip becoming deformed by repeated use and/or thick fishing line) (See Okada, Para. 0006, Ln. 2-5).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIFFANY DOMONIQUE JEFFERSON whose telephone number is (571)272-0403. The examiner can normally be reached Monday-Friday 10am-7:30pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Momper can be reached at (571)270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T.D.J./Examiner, Art Unit 3654
/JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642
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