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 .
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following claimed features must be shown, without entering any new matter: the inserting and removing golf club grips in claim 1, the step of attaching the tube to the golf bag in claim 2, the step of inserting the sponge into the reservoir.
The drawings are objected to under 37 CFR 1.84:
(p) Numbers, letters, and reference characters.
(1) Reference characters (numerals are preferred), sheet numbers, and view numbers must be plain and legible, and must not be used in association with brackets or inverted commas, or enclosed within outlines, e.g., encircled. They must be oriented in the same direction as the view so as to avoid having to rotate the sheet. Reference characters should be arranged to follow the profile of the object depicted.
(2) The English alphabet must be used for letters, except where another alphabet is customarily used, such as the Greek alphabet to indicate angles, wavelengths, and mathematical formulas.
(3) Numbers, letters, and reference characters must measure at least .32 cm. (1/8 inch) in height. They should not be placed in the drawing so as to interfere with its comprehension. Therefore, they should not cross or mingle with the lines. They should not be placed upon hatched or shaded surfaces. When necessary, such as indicating a surface or cross section, a reference character may be underlined and a blank space may be left in the hatching or shading where the character occurs so that it appears distinct.
(4) The same part of an invention appearing in more than one view of the drawing must always be designated by the same reference character, and the same reference character must never be used to designate different parts.
(5) Reference characters not mentioned in the description shall not appear in the drawings. Reference characters mentioned in the description must appear in the drawings.
a) There are no number indicating what parts are recited in the claims, b) in fig. 1 there are three tubes it is unclear whether these are three tubes comprises different embodiments of the invention or three different parts of “a tube”?, c)the lower two tubes seems to indicate two different embodiments one with fabric inside, the other one with fabric overlapped. The specification, however, asserts that Fig. 1 shows “a hollow cylindrical shaped tube”, and d) similar with fig. 2, it is unclear what the various parts of tube in fig. 2. The specification asserts that fig. 2 shows a reset internal insert, it is unclear what comprises this reset internal insert. Please shows the reset internal insert separately.
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.
Claims 1-9 are 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 pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
The original disclosure does not teach a) the limitation “a hollow tube having an open first end and an open second end”. Note that the drawing only shows one opening, b) the limitation “providing a reservoir consisting only of uncontaminated water”. Note that “uncontaminated” add specificities to the claim, c) also the recitation “without the introduction of a foreign substance or contaminates” also add specificities to the claim, and d) the limitations in claim 9 “further comprises extending the golf grip through the first and the second end of the tube.”
This is a new matter rejection.
Also, note the original disclosure teaches: “Additionally, encapsulating the absorbent liner in the tube keeps it free from containments that towels are commonly exposed to when used by themselves”. Note the “containments” and not --contaminates-- as recited by the claim.
Claims 1-9 are 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.
It is unclear what comprises the various claimed elements in the drawings. Please identify the various claimed elements in the drawings using numerals and include and discuss these numerals in the specification. It is also what structure comprises the claimed reservoir. The specification vaguely describes a reset internal insert. Where is this insert and how it is insert into to the tube?
Regarding claim 6, it is unclear why claim 8 is withdrawn. Also, note that claim 6 recites “the liquid” which has no antecedent basis, and “water” has been introduced into claim 1. This is also a double inclusion.
Note the NPL:
Authors: GOLF editors
Link: https://golf.com/instruction/rules/rules-guy-spray-grip-water-sticky/#:~:text=Good%20news!,hunky%2Ddory%20for%20this%20purpose.
Date: 03/17/2020
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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 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Ward et al. (20030096660) in view of GOLF Editors or Choi (WO2006083059) or Cabullo (20100077560). Ward teaches a method comprising the steps of providing a tube 10, 12, 60, 94 in various figures having an open first end and an open second end. Note that “open second end” requires an opening at the second end and the note the teaching of the end having openings at 20 and 22. One of the openings 20/22 would meet this limitation as the claim does not exclude any particular size of the opening at the second end.
The outer cover 12 is also shown with a hole 20 in the first portion 16 and a hole 22 in the second portion 18. The hole 20 and the hole 22 are aligned when the outer cover 12 is folded along a common boundary.
the step of providing a liner inside the tube
[0033] FIG. 2 is a view of the apparatus 10 showing the grip of the golf club in position to enter within an internal volume of the apparatus 10. This will allow the golf grip to be protected and/or wiped or cleaned by the apparatus 10. The apparatus 10 is shown with an outer cover 12 and an absorbent member 14. The outer cover 12 may be provided in any of a variety of materials, such as a foam, cloth, coating, or virtually any material that may be formed or draped to include an internal volume. The absorbent member 14 may be provided using any of a variety of materials, such as a cellulose sponge, an artificial sponge, an open cell foam, a terry cloth, a cotton fabric, a nylon reinforced sponge, or any other available absorbent material.
[0041] In another embodiment of the present invention, the outer cover 12 (which may also be referred to as a layer or shell) is provided using a clear or semi-transparent, flexible material. This allows an insert, such as an advertising insert, to be positioned between the outer cover, layer, or shell and the inner core or inner portion of the outer cover. This provides the substantial advantage of allowing custom advertising inserts to be created, from virtually any material, including commonly available printing substrates, and used with the same outer covering and inner core.
[0042] The absorbent member 14, as can be partially viewed in FIG. 4, may include any of a variety of substances such as an antimicrobial substance, which may include 3M's STAYFRESH technology used in its sponge, such as MICROBAND technology which uses tryclosan or similar substances, that inhibit the growth of cellular growth such as funguses, molds, bacteria, etc. In other embodiments a tacky substance may be provided in or around the absorbent member 14 to provide tackiness to the surface of an implement, such as the grip of a golf club. In other embodiments, the outer cover 12 may included openings or holes, such as ventilation holes, so that substances may be squirted or injected to the internal volume of the outer cover where the absorbent member will be positioned.
The step of inserting a golf club grip into the tube in figs. 1-3; and the step of removing from the tube.
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The step of transferring the liquid from the liner to the golf club grip.
[0042] … In other embodiments, the outer cover 12 may included openings or holes, such as ventilation holes, so that substances may be squirted or injected to the internal volume of the outer cover where the absorbent member will be positioned.
An exemplary apparatus for use with a surface of an implement, such as the grip of a golf club, is disclosed that provides one or more of the advantages mentioned herein, such as the capability to protect, wipe, and clean the grip of a golf club.
Ward inherently teaches a reservoir (where the substances may be squirted). Ward does not teach the use of only water. Golf Editors teaches that it is known in the art to provide a person to provide a reservoir (the bottle used for spraying on the handle) and the transferring of the water from the liner to the grip which is inherent when insert the golf club’s grip into the device of Ward shown in fig. 3. It would have been obvious to one of ordinary skill in the art to provide water as taught by as taught by Golf Editors since water is widely available and well-known substance for cleaning. Regarding the limitation of uncontaminated water, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide uncontaminated water, e.g. from drinkable water bottle since uncontaminated water is readily available and portable to carry.
In the alternative with Choi, Ward teaches cover can be made of any material including rigid plastic: “The outer cover 12 may be made of plastic, a polymer or virtually any material, and may be made of injection molding, or through impression molding.” (paragraph 54). Choi teaches that it is known in the art to provide reservoir at 141.
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[10] The grime elimination means comprises porous loofah (13) installed on a surface of the body part (H'), and a washing water supply part (14) is provided to a center portion of the body part (H'), in which the washing water supply part (14) includes a washing water storage tank (141) having a plurality of spray holes (142)(142'), a pushing lever (143) installed on a top portion of an outer surface of the washing water storage tank (141), and a plug (144) combined to a lower portion of the washing water storage tank (141).
It would have been obvious to one of ordinary skill in the art to provide the water reservoir as taught by Choi to enable one to readily clean the golf club grip and/or since water is widely available and well-known substance for cleaning.
In the alternative with Cabullo, Ward teaches “the outer cover 12 may included openings or holes, such as ventilation holes, so that substances may be squirted or injected to” for cleaning. Cabullo teaches a golf cleaning device with hole at 408 and a reservoir 405 as means to provide the water for cleaning. Regarding the limitation of uncontaminated water, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide uncontaminated water, e.g. from drinkable water bottle since uncontaminated water is readily available and portable to carry.
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includes a bladder for water or other cleaning fluid and a means to controllably dispense the fluid and moisten the towel.
In one embodiment the reservoir further includes holes 107 that may allow fluid to flow from the reservoir and thereby dampening the towel material. In a preferred embodiment the holes 107 are pinholes of a size such that the liquid within the reservoir will not flow unless pressure is applied to the walls of the reservoir thus distending the reservoir, opening the holes and forcing fluid to flow. In one embodiment the holes include a plurality of holes the number chosen such that an amount of fluid flows for effectively dampening the towel material for the cleaning purposes flows upon squeezing the reservoir.
The pinholes are localized to a region such that when the back is squeezed as previously discussed, the liquid is controllably dispensed to a localized region 408 of the towel material.
It would have been obvious to one of ordinary skill in the art to provide the water reservoir of Cabullo on outside of portion 10 of Ward to enable one to readily clean the golf club grip and/or since water is widely available and well-known substance for cleaning. Regarding the limitation of uncontaminated water, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide uncontaminated water, e.g. from drinkable water bottle since uncontaminated water is readily available and portable to carry.
The patentability of claim 9 cannot be determined.
Applicant's arguments have been fully considered but they are not persuasive. the new limitations in claim 1 do not read over the previously applied Ward reference as set forth above.
Regarding Ward, applicant rehashes arguments presented earlier. The examiner submits: a)note that Ward teaches numerous holes which may used for ventilation and Ward teaches holes that can be squirted or injected to the into the internal volume of the outer cover where the absorbent member will be positioned as cited above, b) regarding the use of water, note that water is a commonly used substance in cleaning, whether by itself or mixing with other substances. In the art of Golf, during a golf game, water is abundance available in water bottles or containers. Also, Golf Editors and other applied Choi or Cabullo, each teaches the use of water for cleaning which is the same purpose as the Ward. Therefore, to use only water would have been common sense with and obvious with the secondary references of Golf Editors or Choi or Cabullo to provide a common substance for cleaning, c) regarding the assertion that Ward does not a reservoir having water, as set forth supra, Ward teaches “that substances may be squirted or injected to the internal volume of the outer cover where the absorbent member will be positioned.” Clearly the liquid substance in Ward being squirted or injected into the internal cavity requires some sort of container in order to hold the liquid substance. This container of holder of the liquid substance comprises the claimed reservoir, and d) also, note using water is deems obvious are those modest, routine, everyday, and deemed predictable since it is well known for being used as a liquid cleaning substance.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRI M MAI whose telephone number is (571)272-4541. The examiner can normally be reached 8am-5pm (Mon-Friday).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached on (571) 270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TRI M. MAI
Examiner
Art Unit 3733
/TRI M MAI/Primary Examiner, Art Unit 3733