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
The amendment filed December 28th, 2025 has been entered. Claims 1-7 remain pending in the application. Claims 5-7 are newly added. Applicant’s amendments to the claims have not overcome the rejections under 35 U.S.C. 102 and 35 U.S.C. 103 previously set forth in the Non-Final Office Action mailed October 1st, 2025.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. In the drawings filed April 5th, 2024, the embodiment shown illustrates the second convex portion “25d” in contact with the collar “9b3” of the wall portion “9b” but does not show the first convex portion “25c” in contact with the collar “9b3” of the wall portion “9b.” Therefore, the following features must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Claim 7, Ln. 5-6, “the first convex portion contacting the wall along the portion of the wall that extends transverse to the axial direction”
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.
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.
Claim 5 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.
Regarding Claim 5,
Claim 5, Ln. 1-2, “wherein the lubricant holding portion is disposed in an axial position” is vague and indefinite. It is unclear how the limitation “disposed in an axial position” limits the placement of the lubricant holding portion. What is the “axial position” relative to? For examination purposes, Examiner has assumed “disposed in an axial position” constitutes any position in which the lubricant holding portion is disposed relative to any axis.
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 and 4-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ochiai (US 2013/0206889), hereinafter Ochiai ‘889.
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Figure 1. Annotated Figure 4 from Ochiai '889
Regarding Claim 1, Ochiai ‘889, Figures 1-4 and annotated Figure 1 above, teaches a spinning reel (spinning reel; See Ochiai ‘889, Para. 0026, Ln. 1) for fishing, comprising:
a reel body 2 including a main body portion 2a and a cylindrical portion 2e disposed in the main body portion 2a;
a rotor 3 configured to rotate with respect to the reel body 2 (spinning reel; See Ochiai ‘889, Para. 0026, Ln. 5-6) and including a rotor body portion 16 disposed radially outward from the cylindrical portion 2e and a wall portion 33’ disposed in the rotor body portion 16 and disposed opposite the cylindrical portion 2e in an axial direction; and
a waterproofing member 70 disposed radially inward from the cylindrical portion 2e, contacting the wall portion 33’, and including a lubricant holding portion 74 configured to hold a lubricant 90 (See Ochiai ‘889, Para. 0040, Ln. 14-15).
Regarding Claim 4, Ochiai ‘889 is advanced above.
Ochiai ‘889 further teaches wherein the wall portion 33’ has a collar member 33c (See Ochiai ‘889, Para. 0044, Ln. 1-2) contacting the waterproofing member 70 (See Ochiai ‘889, Para. 0040, Ln. 15-20).
Regarding Claim 5, Ochiai ‘889 is advanced above.
Ochiai ‘889 further teaches wherein the lubricant holding portion 74 is disposed in an axial position and is in contact with the wall portion 33’ (See Figure 1 above).
Regarding Claim 6, Ochiai ‘889 is advanced above.
Ochiai ‘889 further teaches wherein at least a portion 33’’ of the wall 33’ extends transverse to the axial direction and the waterproofing member 70 contacts the wall 33’ along the portion 33’’ of the wall 33’ that extends transverse to the axial direction (See Figure 1 above).
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.
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Ochiai ‘889 (US 2013/0206889), as applied to claims 1 and 4-6 above, and further in view of Ochiai (JP 2019115285A), hereinafter Ochiai ‘285.
Regarding Claim 2, Ochiai ‘889 is advanced above.
Ochiai ‘889 further teaches wherein the waterproofing member 70 has a first portion 76 and a second portion 72 disposed radially inward from the first portion 72 and contacting the wall portion 33’ (See Ochiai ‘889, Para. 0040, Ln. 15-20), and
the lubricant holding portion 74 is disposed between the first portion 76 and the second portion 72 (See Ochiai ‘889, Fig. 4).
Ochiai ‘889 teaches all the elements of the spinning reel except for the first and second portions being convex.
However, Ochiai ‘285, Figures 1 and 3, teaches wherein the waterproofing member 122 has a first convex portion 122a and a second convex portion 122b disposed radially inward from the first convex portion 122a (See Ochiai ‘285, Fig. 3, Para. 0034, Ln. 5-8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Ochiai ‘889 with convex portions, as taught by Ochiai ‘285, for the purpose of preventing moisture from entering the internal structure of the reel body (See Ochiai ‘285, Fig. 3, Para. 0034, Ln. 5-9).
Regarding Claim 3, Ochiai ‘889 in view of Ochiai ‘285 are advanced above.
Ochiai ‘889 further teaches wherein the first portion 76 or the second portion 72 forms a lip shape that tapers toward the wall portion 33’ (See Ochiai ‘889, Fig. 4).
Allowable Subject Matter
Claim 7 is objected to as being dependent upon a rejected base claim and for its relation to a Drawing objection, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, and the Drawing objection above is resolved.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 7 would be allowable for disclosing the second convex portion contacts the wall along the portion of the wall that extends transverse to the axial direction.
Although Ochiai ‘889 teaches wherein at least a portion 33’’ of the wall 33’ extends transverse to the axial direction and the waterproofing member 70 contacts the wall 33’ along the portion 33’’ of the wall 33’ that extends transverse to the axial direction, and the first lip portion 76 contacts the wall along the portion 33’’ of the wall 33’ that extends transverse to the axial direction, and Ochiai ‘285 teaches the lip portion being convex, the additional components described in the claim limitations are absent and it would not have allowed for anticipation of nor an obvious modification resulting in a device with all the limitations of claim 7. Therefore, this combination of features is considered to be allowable.
Response to Arguments
Applicant's arguments, see Pg. 4-6, filed December 28th, 2025, have been fully considered but they are not persuasive.
Regarding the rejection of Claim 1 under 35 U.S.C. 102, Applicant asserts “independent claim 1 is directed to a spinning reel for fishing, comprising a rotor configured to rotate with respect to the reel body and including a rotor body portion disposed radially outward from the cylindrical portion and a wall portion disposed in the rotor body portion and disposed opposite the cylindrical portion in an axial direction and a waterproofing member disposed radially inward from the cylindrical portion, contacting the wall portion, and including a lubricant holding portion configured to hold a lubricant.”
Applicant argues “Based on the claim language it can be understood, that the waterproofing member (25) is disposed to contact a wall that is opposite the cylindrical portion in an axial direction and the waterproofing member is disposed radially inward from the cylindrical portion. The cited art fails to disclose such a spinning reel for fishing. In particular, the Office Action suggests that that waterproofing member 70 in Ochiai '889 corresponds to the waterproofing member in this application and the portion 74 corresponds to the lubricant holding member.”
Applicant further argues “As noted in Figure 4 of Ochiai ‘889 the portion 74 contacts the circumferential surface of the boss portion 33a. There is no contact between the portion 74 in Ochiai '889 and the front wall 33. Therefore, Ochiai ‘889 fails to disclose a waterproofing member disposed radially inward from the cylindrical portion and contacting the wall portion, and including a lubricant holding portion configured to hold a lubricant, where the wall portion is disposed in the rotor body portion and disposed opposite the cylindrical portion in an axial direction.”
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the lubricant holding portion contacting the front wall) are not recited in the rejected claim. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant argues “the portion 74 corresponds to the lubricant holding member” and “there is no contact between the portion 74 in Ochiai '889 and the front wall 33.” However, the scope of claim 1 is directed to the waterproofing member contacting the wall portion, not the lubricant holding portion specifically. The only limitation in claim 1 regarding the lubricant holding portion itself is “the waterproofing member … including a lubricant holding portion configured to hold a lubricant.”
Additionally, Ochiai ‘889 discloses the waterproofing member 70 comprising a main body portion 71, a third lip portion 73, a first lip portion 72, a grease holding portion 74, and a second lip portion 76 (See Ochiai ‘889, Para. 0040, Ln. 3-5). Therefore, waterproofing member 70 does contact the wall portion 33 at least at second lip portion 76 (See Ochiai ‘889, Fig. 4). Furthermore, the second convex portion 25d of the present application contacts the wall portion 9b via the collar member 9b3, which is analogous to the contact between components disclosed in Ochiai ‘889 which illustrates the lip portion 72 contacting the wall portion 33 via the collar member 33c. Thus, the previously set forth rejection is maintained. (See Claim Rejections - 35 USC § 103 above).
Regarding the rejections of Claims 2 and 4, the claims are dependents of rejected claim 1 and Applicant has provided no additional arguments. Therefore, the rejections are maintained.
Regarding the rejection of Claim 3, the claim is a dependent of rejected claim 2 and Applicant has provided no additional arguments. Therefore, the rejection is maintained.
Regarding newly added Claim 5, the claim is a dependent of rejected claim 1, and Applicant’s arguments regarding the cited art, as it applies to claim 1, are not persuasive. Additionally, a rejection under 35 U.S.C. 103 has been made for additional limitations outlined in claim 5.
Regarding newly added Claim 6, the claim is a dependent of rejected claim 1, and Applicant’s arguments regarding the cited art, as it applies to claim 1, are not persuasive. Additionally, a rejection under 35 U.S.C. 103 has been made for additional limitations outlined in claim 6.
Regarding newly added Claim 7, the claim is a dependent of rejected claim 2, and Applicant’s arguments regarding the cited art, as it applies to claim 2, are not persuasive. However, allowable subject matter is indicated for additional limitations outlined in claim 7. (See Allowable Subject Matter above).
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 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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/T.D.J./Examiner, Art Unit 3654
/ANNA M MOMPER/Supervisory Patent Examiner, Art Unit 3619