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 .
Election/Restrictions
Applicant’s election without traverse of Group 2, Claims 12-15 is in the reply filed on 19 September 2025 is acknowledged.
Claims 1-11 stand withdrawn.
Claims 12-20 are currently examined.
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.
Claims 12-20 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 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.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “bumper” in claim 12 is used by the claim to mean “softer material,” (maybe, this is unclear) while the accepted meaning is “added on after molding to just a limited side surface.” (Applicant’s spec paragraph 3) The term is indefinite because the specification does not clearly redefine the term. (It’s not clear if as defined by the claims, the claims would include or exclude softtops where everything is molded as bumper. This may need a better geometric definition.)
Claim 16 recites the limitation "the protrusion", “the first layer”, “the second layer, “the edge. There is insufficient antecedent basis for this limitation in the claim.
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)(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 12, 17-20 are rejected under 35 U.S.C. 102a2 as being anticipated by Richardson (US 5489228 A).
Regarding Claim 12, Richardson discloses a board for sports equipment comprising:- a substrate having a first surface, a second surface opposite to the first surface and a side surface connecting the first surface and the second surface (Element 18); and- a board bumper molded on at least a part of the side surface of the substrate. (Element 26, C3, L4)
Regarding Claim 17, Richardson discloses the board of claim 12, wherein the board bumper has a profile that defines performance characteristics of the board for sport equipment. (The hydrodynamic performance is influenced by the edge.)
Regarding Claim 18, Richardson discloses the board of claim 12, wherein the board bumper extends to the bottom of the board. (See Fig. 8.)
Regarding Claim 19, Richardson discloses the board of claim 12, wherein the board bumper has a thickness that varies along the side surface of the substrate. (See Fig. 5a)
Regarding Claim 20, Richardson discloses the board of claim 12, wherein the board bumper is integrally formed with the substrate without fasteners or adhesives. (This is a product by process claim, See MPEP 2113, but is anticipated anyway by molding.)
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 13, 14 are rejected under 35 U.S.C. 103 as being unpatentable over Richardson in view of Jones (US 8262425 B1).
Regarding Claim 13, Richardson discloses the board of claim 12, wherein the substrate is has a core that filament wound (C3, L3) wherein the board bumper includes a cured resin bonded to the fiber cloth around the substrate and creates a water resistant shaped cores, but does not explicitly disclose includes a shaped core placed in between a first layer of fiber cloth and a second layer of fiber cloth.
Jones discloses a shaped core placed in between a first layer of fiber cloth and a second layer of fiber cloth includes a cured resin bonded to the first layer of fiber cloth and the second layer of fiber cloth around the substrate and creates a water resistant shaped cores. (C2, L10) It would have been obvious at the time of filing for a person of ordinary skill in the marine art to use two layers of fiberglass cloth on the top and bottom as the wound filament of Richardson which can be accomplished with a reasonable expectation of success. The motivation to modify Richardson is that Jones discloses a construction technique recognized as suitable for strengthening the foam core.
Regarding Claim 14, Richardson in view of Jones discloses the board of claim 13, wherein the first layer of fiber cloth and the second layer of fiber cloth come together at the edge side surface of the substrate to form a protrusion encompassed by the board bumper at the edge of the substrate. (See rejection of Claim 13 above.)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. MacDonald (US 4129911 A) discloses a fiberglass board where the soft deck is the same product as a mold process. (See Product By Process above). Examiner suggests calling for an interview to discuss how this applies.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW POLAY whose telephone number is (408)918-9746. The examiner can normally be reached M-F 9-5 Pacific.
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, Joe Morano can be reached at 5712726684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW POLAY/Primary Examiner, Art Unit 3615 28 Sept 2025