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 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.
(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.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Uehara et al. (JP 2013063541). All references to the written description of JP 2013063541 are made to the attached machine translation into English (JP-2013063541-MT).
Regarding claim 1, Uehara et al. discloses a knock type writing instrument (see Embodiment 3 of Figs. 9-12; Paragraphs 0018-0020) comprising:
a shaft barrel (3), wherein an inside of a front end part (31) of the shaft barrel is provided with a tapered surface (31a) becoming gradually smaller in inner diameter toward a front end, and a writing body (8) arranged inside the shaft barrel (see Fig. 12),
wherein an outside surface of the writing body is provided with a braking part (16/17 with 19) for cooperating with the tapered surface to brake the writing body when the writing body advances (17 clamps 8 due to inertial force causing interaction with 31a; Paragraph 0020).
Regarding claim 2, Uehara et al. further disclose that the braking part has a braking projection (18) and the braking projection is configured so as to abut against the tapered surface and deform to the inside in the radial direction (“the front inclined surface 18a of the clamping member 18 constituting the clamping body 17 abuts against the inclined surface 31a” and “is displaced toward the radial center of the barrel 3”; Paragraph 0020; Examiner notes that the machine translation appears to erroneously refer to “part 8” being displaced, rather than part 18 - in any case, element 18 changes shape to cause the braking function described via interaction with tapered surface 31a).
Regarding claim 3, Uehara et al. further disclose that the braking projection is at least one projection sticking out to the front (18 is located between 16 and the front, i.e., in the direction of tip 4).
Regarding claim 4, Uehara et al. further disclose that the braking projection has an outside surface (18a) complementary with part of the tapered surface (see passage cited above regarding claim 2; see Fig. 12).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form for additional examples of writing instruments having structural features in accordance with claim 1 of the instant application and/or alternative braking means.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL C PATTERSON whose telephone number is (571)270-5558. The examiner can normally be reached M-F 7:30-4:00 CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul Durand can be reached at 571-272-4459. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL C PATTERSON/Examiner, Art Unit 3754
/PAUL R DURAND/Supervisory Patent Examiner, Art Unit 3754 June 29, 2026
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