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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/17/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1, line 5, “a second leg portion that branches from the guide main body and extends at an angle” should be changed to --a second leg portion that branches from the guide main body and has an extending direction that extends at an angle--.
Appropriate correction is required.
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 1 is rejected under 35 U.S.C. 102(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Gurrieri et al. (U.S. Patent No. 1,993,342).
For claim 1, Gurrieri et al. discloses a fishing line guide comprising: a guide main body (Fig. 1: 14) that comprises a ring holding portion (Fig. 2: 18) to which an annular guide ring (Fig. 2: 17) is attached; a first leg portion (Figs. 2 and 4: 25) that extends from the guide main body; a second leg portion (Figs. 2 and 4: 26) that branches from the guide main body and extends at an angle different from an angle in an extending direction of the first leg portion (as shown in Figs. 2 and 4); and a fixing portion (Figs 2-4: 19) that is between and connected to the first leg portion and the second leg portion (as show in Fig. 2) and is configured to fix the fishing line guide to a rod body of a fishing rod (Figs. 1, 2 and 4: 10), wherein a through-hole (Fig. 2 as shown between 22, 25, and 26) is between the first leg portion, the second leg portion, and the fixing portion, and the fixing portion is configured to be attached to an outer surface of the rod body (as shown in Figs. 1, 2 and 4) by line winding, line fastening, or sheet winding through the through hole (The claim fails to positively recite the “line winding, line fastening or sheet winding”, only that the fixing portion “being configured to”. Thus the open area of the through hole is without obstruction which could contain line winding, line fastening or sheet winding).
In the alternative, one could replace the lugs and screw (Figs. 2-3: 22, 23, 24) used to adjustable affix the fixing portion with one of line winding, line fastening, or sheet winding through the through hole and around the fixing portion. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the fishing line guide of Gurrieri et al. to include line winding, line fastening, or sheet winding through the through hole for the advantage of further securing the fixing portion to the outer surface of the rod body, and further since a simple substitution of one known element for another (e.g. securing means) would obtain predictable results. KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
Claims 1-8, 10 and 12-14 are rejected under 35 U.S.C. 103 as obvious over Ohmura (U.S. Patent No. 4,445,293).
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For claim 1, Ohmura discloses a fishing line guide (Figs. 1-6) comprising: a guide main body (Figs. 1-4C: 13) that comprises a ring holding portion (Figs. 1-4C: 13) to which an annular guide ring (Fig. 1: 13b) is attached; a first leg portion (Figs. 1-4C: 11) that extends from the guide main body; a second leg portion (Figs. 1-4C: 12) that branches from the guide main body and extends at an angle different from an angle in an extending direction of the first leg portion (as shown in Figs. 1-4C and 6); and a fixing portion (Figs. 1-6: 5) that is between and connected to the first leg portion and the second leg portion and is configured to fix the fishing line guide to a rod body of a fishing rod (as discussed in Col. 1, lines 55-56), wherein a through-hole is between the first leg portion, the second leg portion, and the fixing portion (as shown in the annotated Fig. 6 herein), and the fixing portion is configured to be attached to an outer surface of the rod body (as shown in Fig. 6: 2).
Ohmura shows line winding (Fig. 6: 6) outside of the through hole, but fails to show line winding, line fastening, or sheet winding through the through hole. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the fishing line guide of Ohmura to apply the line winding, line fastening, or sheet winding through the through hole instead of the extension portions for the advantage of further securing the fixing portion to the outer surface of the rod body.
For claim 2, Ohmura discloses the fishing line guide according to claim 1, wherein the through-hole is triangular (as shown in the annotated Fig. 6 above) when the through-hole is viewed in a direction parallel to the guide main body.
For claim 3, Ohmura discloses the fishing line guide according to claim 1, wherein an angle in the extending direction of the first leg portion (11) and an angle in the extending direction of the second leg portion (12) are different and in a range of 5 degrees to 45 degrees (Figs. 1-6 show a pivot hole 9 and guide slot 101 such that a first leg portion 11 and a second leg portion 12 can slant at varying degrees to be less than 45 degrees and more than 5 degrees as claimed).
For claims 4-7, Ohmura discloses the invention substantially as claimed, but fails to specifically show the thickness of the ring holding portion, the first leg portion, the second leg portion, and the fixing portion. Ohmura ‘488 teaches a fishing line guide (Figs. 1-3) comprising: a guide main body (Fig. 1: 1) that comprises a ring holding portion (Fig. 1: 1), wherein a thickness of the ring holding portion is in a range of 1.5 mm to 2.5 mm (as discussed in Col. 1, lines 45-52: “1 to 2 mm”); a first leg portion (Figs. 1-2: 2) and a second leg portion (Figs. 1-2: 4); wherein a thickness of the first leg portion and the second leg portion is in a range of 0.5 mm to 1.2 mm (as discussed in Col. 1, lines 45-52: “1-2 mm”); and a fixing portion (Fig. 1: 3, 5, 5’); wherein a thickness of the fixing portion is in a range of 0.2 mm to 1.0 mm (as discussed in Col. 1, lines 45-52: “1 to 2 mm”). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the fishing line guide of Ohmura to include the thickness of the ring holding portion, the first leg portion, the second leg portion, and the fixing portion as taught by Ohmura ‘488 for the advantage of aiding in providing a lightweight fishing rod.
For claim 8, Ohmura discloses the fishing line guide according to claim 1, wherein a thickness of the ring holding portion is equal to or larger than a thickness of the first leg portion or the second leg portion (Figs. 1-4C shows the thickness of the first leg portion (11) and the second leg portion (12) are equal), and a thickness of the fixing portion is equal to or smaller than the thickness of the first leg portion or the second leg portion (Fig. 5 at numeral 5 defining a rim of the fixing portion 5 shows a thickness equal to or smaller than the thickness of the first leg portion (11) and the second leg portion (12), referenced in Fig. 6).
For claim 10, Ohmura discloses the fishing line guide according to claim 1, wherein a part of the second leg portion (12) is attachable and detachable (as discussed in Col. 2, line 65 – Col. 3, line 2 and Fig. 2: at 8’) or openable and closable to allow insertion of the line winding, the line fastening, or the sheet winding into the through-hole.
For claim 12, Ohmura discloses the fishing line guide according to claim 1, wherein the fixing portion (Fig. 6: 5) comprises a protruding portion (Fig. 6: 6) that extends from the fixing portion and protrudes outward beyond the second leg portion or the first leg portion (as shown in Fig. 6).
For claim 13, Ohmura discloses the fishing line guide according to claim 12, wherein the protruding portion (Fig. 6: 6) is configured to be attached to the outer surface of the rod body by the line winding (as discussed in Col. 1, lines 56-63), the line fastening, or the sheet winding.
For claim 14, Ohmura discloses a fishing rod (as shown in Figs. 3 and 6: 2) comprising: the fishing line guide (as shown in Figs. 1-6) according to claim 1 (as discussed in the rejection of claim 1 above); and a rod body (Figs. 3 and 6: 2).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Ohmura in view of Taniguchi et al. (JP 2018157769 A, as cited by Applicant).
For claim 11, Ohmura discloses the invention substantially as claimed, but fails to specifically show wherein a plurality of recessed portions are on a second surface of the fixing portion on a side opposite to a first surface on a side on which the rod body is arranged in a use state of the fishing line guide, along a longitudinal direction of the second surface. Taniguchi et al. teaches a fishing line guide (as shown in Fig. 1: 1) comprising: a guide main body (Fig. 1: 12) and a fixing portion (Figs. 1 and 5: 11); wherein a plurality of recessed portions (Fig. 1: 22) are on a second surface (a top surface) of the fixing portion (11) on a side opposite to a first surface (a bottom surface of the fixing portion 11) on a side on which the rod body (Fig. 5: 4) is arranged in a use state of the fishing line guide, along a longitudinal direction of the second surface (as shown in Fig. 5). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the fishing line guide of Ohmura to include a plurality of recessed portions as taught by Taniguchi et al. for the advantage of permitting the winding thread to engage the fishing line guide for proper mounting on the rod body.
Response to Arguments
Applicant’s arguments with respect to claims 1-8 and 10-14 have been considered but are moot because the new ground of rejection.
Applicant argues “Moreover, it would not have been obvious to use thread winding at the support 5 because the threading would preclude the folding guide assembly of Ohmura from folding. The pin-like piece 12' would not be able to move along the slot 10. This is evident from the movement illustrated in Figs. 4A-C (duplicated below).”
The examiner notes that the applicant’s invention and the prior art both show (as in applicant’s claim 10) “wherein a part of the second leg portion (12) is attachable and detachable (as discussed in Col. 2, line 65 – Col. 3, line 2 and Fig. 2: at 8’)…to allow insertion of the line winding, the line fastening, or the sheet winding into the through-hole”. This feature allows the user to apply and remove the line winding when the fishing rod is to be stored or not in use, such that removal of the line winding would enable folding of the folding guide assembly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. KR 20220001378 U shows a removable fixing portion for a wire reel guide having a first leg portion and a second leg portion, and a through hole between the first leg portion, the second leg portion, and the fixing portion.
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 DANIELLE A CLERKLEY whose telephone number is (571)270-7611. The examiner can normally be reached 8:30AM-5PM.
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/DANIELLE A CLERKLEY/Examiner, Art Unit 3643
/PETER M POON/Supervisory Patent Examiner, Art Unit 3643