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 .
Specification
The disclosure is objected to because of the following informalities:
Reference (102) has been used to designate “apertures” and “v-shaped channels”.
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(s) 1 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dvorak; Robert J. (US 8016173 B2) in view of Miller; La Rae Lee et al. (US 6085695 A).
Regarding claim 1 Dvorak discloses a reel cover comprising a foldable fabric shell (Fig. 1; 100); (capable of covering a reel), wherein:
a. said fabric shell is folded to form a pouch shaped to receive a fishing reel (Fig. 1; 100); (device is capable of receiving a fishing reel);
b. said folded fabric shell comprises an overlapping section (150) of said fabric shell;
c. further wherein a plurality of sections of said folded fabric shell (110, 120, 130, 140) forms a pair of opposing V-shaped channels (shown in Fig. 4), shaped to wrap substantially around a fishing rod;
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d. said reel cover further comprising at least one fishing line aperture (243); (Col. 6, lines 31-37) in said fabric shell configured to permit a fishing line to pass unobstructed from within said pouch to the exterior of said pouch;
e. said reel cover further comprising at least one closure (Fig. 2; 220, 230 and/or Fig. 4; 174); (Col. 4, lines 64-66) configured to define the size of said V-shaped channels and said pouch;
Dvorak does not disclose at least one pair of apertures on the same side of said reel cover shaped to permit the passage of at least one items from the group of fishing reel handle or bail from within said pouch to the exterior of said pouch.
Miller teaches at least one pair of apertures (Fig. 3; 40, 70) in said cover (each on a front side) shaped to permit the passage of at least one item from the group of fishing reel handle or bail from within said pouch to the exterior of said pouch (Col. 4; lines 33-37).
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the side of the cover of Dvorak to include at least one pair of apertures on the same side of said reel cover shaped to permit the passage of at least one items from the group of fishing reel handle or bail from within said pouch to the exterior of said pouch, in order to provide more access openings to the inside of the cover. Thus, enhancing the ease of access to items within the interior.
Regarding claim 3 Dvorak in view of Miller discloses all of the limitations of claim 1. Dvorak does not disclose an ID plate affixed to said fabric shell. Miller teaches an ID plate affixed to said fabric shell (Fig. 3; 140).
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the overlapping section of said fabric shell of Dvorak to include an ID plate, as taught by Miller, in order to provide identification, advertising, or decoration (Col. 4, lines 29-33).
Claim(s) 2 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dvorak; Robert J. (US 8016173 B2) in view of Miller; La Rae Lee et al. (US 6085695 A), further in view of Looney; Michael Brian (US 20070289199 A1).
Regarding claim 2 Dvorak in view of Miller discloses all of the limitations of claim 1. Dvorak does not disclose a plurality of drains in a bottom section of said pouch of said reel cover. Looney teaches a plurality of drains (Fig. 1; 29) in a bottom section of said pouch of said reel cover [0012].
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified pouch of Dvorak in view of Miller to include drainage holes, as taught by Looney, in order to prevent the buildup of liquid or debris.
Regarding claim 4 Dvorak in view of Miller and Looney discloses all of the limitations of claim 2. Dvorak does not disclose an ID plate affixed to said fabric shell. Miller teaches an ID plate affixed to said fabric shell (Fig. 3; 140).
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the overlapping section of said fabric shell of Dvorak to include an ID plate, as taught by Miller, in order to provide identification, advertising, or decoration (Col. 4, lines 29-33).
The examiner notes that Looney also discloses an ID plate affixed to an overlapping section of a fabric shell (Fig. 1; 15).
Response to Arguments
Applicant's arguments filed 07/05/2026 have been fully considered but they are not persuasive.
Applicant argued, “In the prior art, the "v-shaped channels" (cited by the examiner in Fig 4) are not channels at all, but accordion-style, flexible extensions, meant to make the device in Dvorak able to modify its internal volume to accommodate bulkier items.” Which is not found persuasive. The examiner has added an annotated Fig. 4, for clarity. In which case, the applicant’s argument in this regard is moot in view of the v-shaped channels of Dvorak.
Applicant argued, “altering the design of the present invention to comport with these two references destroys critical properties of the reel cover’s function”, which is not found persuasive since the examiner is not altering the present invention, but rather, using the prior art in order to meet the claimed limitations. The examiner has taken two prior art bags, and altered them to include more apertures, for accessing the contents of the bags, which is well known within the art.
Although not relied upon for the instant rejection, the examiner notes the Amazon product SF Spinning Reel Cover Case Bag Pouch Glove (see attached NPL).
Conclusion
THIS ACTION IS MADE FINAL. 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 BRITTANY LOWERY whose telephone number is (571)270-3228. The examiner can normally be reached M-F 7 am-4 pm PST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Collins can be reached at 571-272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRITTANY A LOWERY/Examiner, Art Unit 3644
/TIMOTHY D COLLINS/Supervisory Patent Examiner, Art Unit 3644
