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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/11/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 13 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 13 is of improper dependent form because claim 13 is dependent on canceled claim 12.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-4 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Thurman (20210252356) in view of Bentley (20130095941) and Fedullo (5301955).
Regarding claim 1, Thurman (Figures 24-26) teaches an illuminated paddle comprising: a frame comprising a paddle portion (See fig. 26) (Para. 0150), a handle portion (See fig. 26) extending from the paddle portion, a perimeter that extends around the paddle portion and the handle portion (See fig. 26), and a channel (See fig. 24C; Para. 0145) positioned along at least a portion of the perimeter, the paddle portion comprising a plurality of internal strength members (Fig. 26, Part No. 2374) (Para. 0150) that define a plurality of cavities; and a light pipe (Fig. 24C, Part No. 2172-2) (Para. 0145) disposed within at least a portion of the channel of the frame; and an electronics housing (Fig. 26 and 32A, Part No. 36) (Para. 0078) coupled to the end of the handle portion opposite the paddle portion, wherein the handle portion of the frame comprises a cavity (See fig. 26), the cavity extending from a bottom face of the handle portion towards the paddle portion (See fig. 26), and wherein the electronics housing encloses the bottom face of the handle portion and receives opposing first and second ends of the channel (See fig. 26 and 32A) (Para. 0078).
It is noted that the claim recitation of “an electronics housing” does not structurally distinguish the claimed apparatus from the prior art because Thurman teaches a housing that is fully capable of being used as “an electronics housing”. As an alternative rejection, the prior art of Bentley being used to teach an electronic housing.
Bentley teaches an electronics housing (Fig. 2-3, part No. 230) (Para. 0063, 0058) coupled to the end of the handle portion, wherein the electronics housing encloses the bottom face of the handle portion (See fig. 3-4).
It is noted that the prior art od Thurman is fully capable of performing the claim recitation of “sized to receive and retain a battery” as the recited limitation is directed to the intended use of the claimed apparatus and does not structurally distinguish the claimed apparatus from the prior art.
Thurman (Fig. 24-26) does not teach a light source assembly disposed at an end of the handle portion opposite the paddle portion, the light source assembly comprising at least one light source; wherein the light pipe is optically coupled to the at least one light source; and wherein the light pipe is configured to propagate light emitted from the light source about the perimeter and diffuse the light emitted from the light source outwardly away from the light pipe.
Fedullo (Figures 1-8) teaches a light source assembly (Fig. 6, Part No. 56) disposed at an end of the handle portion opposing the paddle portion, the light source assembly comprising at least one light source (56) (Col. 4, Lines 62-66).
Thurman (Figures 1-2) teaches providing a perimeter of a paddle with a bumper (Fig. 1-2, Part No. 48) that is made from a translucent material (Para. 0087, 0089).
It is noted that Thurman (Fig. 24-26) teaches providing a perimeter of a paddle with a tubular bumper between two faceplates (Thurman: Fig. 24C, Part No. 2172-2; Para. 0145). Thurman (Fig. 1-2) teaches providing a perimeter of a paddle with a translucent bumper between two faceplates (Thurman: (Fig. 1-2, Part No. 48); Para. 0087, 0089). The combined teachings of Thurman and Fedullo under 35 USC 103 teaches the claim recitation of “the light pipe is optically coupled to the at least one light source” and “the light pipe is configured to propagate light emitted from the light source about the perimeter and diffuse the light emitted from the light source outwardly away from the light pipe”.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide Thurman with an electronics housing coupled to the end of the handle portion as taught by Bentley as a means of providing a handle of a sports implement with a cap that houses electronic components of the sport implement (Bentley: Para. 0063), to provide Thurman with a light source assembly disposed at an end of the handle portion as taught y Fedullo as a means of providing a paddle with an internal light source so that the paddle can be used in a darkness condition (Fedullo: Col. 4, Lines 62-66), and to provide Thurman (Fig. 24-26) with a translucent perimeter bumper as taught by Thurman (Fig. 1-2) as a means of selecting a known material (a translucent material) based on its suitability for its intended use (a perimeter bumper/strip of a paddle) (See: Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945); In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960)).
Regarding claim 2, the modified Thurman (Figures 24-26) teaches the plurality of internal strength members comprises a central strength member (Fig. 26, Part No. 2374-1) extending from the handle portion through the paddle portion and a plurality of branching strength members (2374-2, 2374-3) extending from the central strength member outward toward the perimeter of the frame (See fig. 26).
Regarding claim 3, the modified Thurman (Figures 24-26) teaches the plurality of branching strength members (2374-2, 2374-3) form a non-perpendicular angle with the central strength member (2374-1) (See fig. 26).
Regarding claim 4, the modified Thurman (Figures 24-26) teaches the plurality of branching strength members (2374-2, 2374-3) extend from the central strength member (2374-1) in a direction away from the handle portion (See fig. 26).
Regarding claim 6, the modified Thurman (Figures 24-26) teaches the light pipe (Fig. 24C, Part No. 2172-2) (Para. 0145) is disposed around the perimeter of the paddle portion.
Regarding claim 7, the modified Thurman (Figures 24-26) teaches the light pipe (Fig. 24C, Part No. 2172-2) (Para. 0145) is disposed around the perimeter of the paddle portion.
The modified Thurman does not teach the light pipe is disposed around the perimeter of the handle portion.
Thurman (Figure 54) teaches the light strip (Fig. 54, Part No. 4448) (Para. 0226, 0230) is disposed around the perimeter of the handle portion (see fig. 54).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Thurman (Fig. 24-26) with the light strip is disposed around the perimeter of the handle portion as taught by Thurman (Figure 54) as a means of providing a ball striking paddle with an edge insert/bumper that extends from a paddle portion to opposite edges of the handle portion (Thurman: Para. 0230).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Thurman in view of Bentley and Fedullo, further in view of Bothwell (20160199702).
Regarding claim 5, the modified Thurman (Figures 24-26) teaches the light pipe (Fig. 24C, Part No. 2172-2) (Para. 0145) is received by the channel
The modified Thurman does not teach a width of the channel is smaller than a diameter of the light pipe such that an interference fit between the light pipe and the channel are formed when the light pipe is received by the channel.
Bothwell (Figures 2-3) teaches a width of the channel (Fig. 2-3 and 9-11, Part No 32) (Para. 0054, 0069) is smaller than a diameter of the channel insert such that an interference fit between the channel insert and the channel are formed when the channel insert is received by the channel (Para. 0053) (See fig. 2-3).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Thurman with a width of the channel is smaller than a diameter of the channel insert as taught by Bothwell as a means of providing a ball striking implement with an insert located in a recess of a perimeter of the implement (Bothwell: Para. 0054).
Claims 9-10 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Thurman in view of Bentley and Fedullo, further in view of Giegerich (20140221134).
Regarding claim 9, the modified Thurman (Figures 24-26) teaches a frame comprising a paddle portion (See fig. 26) (Para. 0150), a handle portion (See fig. 26) extending from the paddle portion,.
The modified Thurman does not teach a battery disposed within the handle portion.
Giegerich (Figures 1-2) teaches a battery disposed within the handle portion (Para. 0035).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Thurman with a battery disposed within the handle portion as taught by Giegerich as a means of providing a sports paddle with means to illuminate a light of the sports paddle (Giegerich: Para. 0035).
Regarding claim 10, the modified Thurman (Figures 24-26) teaches the handle portion further comprises two grips (Fig. 26, Part No. 30).
The modified Thurman does not teach two grips secured to opposing faces of the handle portion of the frame to enclose the battery disposed within the cavity of the handle portion.
Giegerich (Figures 1-2) teaches two grips (Fig. 1, Part No. 14) secured to opposing faces of the handle portion of the frame to enclose the battery disposed within the cavity of the handle portion (Para. 0035).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Thurman with the battery disposed within a cavity of the handle portion as taught by Giegerich as a means of providing a sports paddle with means to illuminate a light of the sports paddle (Giegerich: Para. 0035).
Regarding claim 17, the modified Thurman (Figures 24-26) teaches a frame comprising a paddle portion (See fig. 26) (Para. 0150), a handle portion (See fig. 26) extending from the paddle portion,.
The modified Thurman does not teach the at least one light source is configured to generate one or more colors of light.
Giegerich (Figures 1-2) teaches the at least one light source is configured to generate one or more colors of light (Para. 0020, 0036).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Thurman with the at least one light source is configured to generate one or more colors of light as taught by Giegerich as a means of providing a sports paddle with lights that cycle through different colors at different instances (Giegerich: Para. 0020, 0036).
Claims 11 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Thurman in view of Bentley, Fedullo, and Giegerich, further in view of Yeh (5409213) and Steinberg (4834376).
Regarding claim 11, the modified Thurman (Figures 24-26) teaches a frame comprising a paddle portion (See fig. 26) (Para. 0150), a handle portion (See fig. 26) extending from the paddle portion,.
The modified Thurman does not teach the electronics housing retains a printed circuit board comprising the at least one light source, a button, and electronic components electrically coupled to the battery and configured to control operation of the at least one light source in response to activation of the button.
Yeh (Figures 1-6) teaches the electronics housing retains a printed circuit board (Fig. 2, Part No. 5) (Col. 2, Lines 65-68) comprising the at least one light source (12, 51), a button (19), and electronic components electrically coupled to the battery (31).
Steinberg teaches electronic components electrically coupled to the battery and configured to control operation of the at least one light source in response to activation of the button (Fig. 3, Part No. 37) (Col. 3, Lines 22-37).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Thurman with the electronics housing retains a printed circuit board as taught by Yeh as a means of providing a handle of a ball striking sports implement with internal electronics that control operation of a light within the handle of the sports implement (Yeh: Col. 2, Lines 58-68), and to provide the modified Thurman with electronic components configured to control operation of the at least one light source in response to activation of the button as taught by Steinberg as a means of providing a ball striking implement with an ON/OFF button that controls operation of a light of the ball striking implement (Steinberg: Col. 3, Lines 22-37).
Regarding claim 15, the modified Thurman (Figures 24-26) teaches a frame comprising a paddle portion (See fig. 26) (Para. 0150), a handle portion (See fig. 26) extending from the paddle portion,.
The modified Thurman does not teach the electronics housing comprises an opening and a button cover positioned within the opening, whereby the button cover enables activation of the button disposed on the printed circuit board within the electronics housing.
Steinberg teaches the electronics housing comprises an opening (See fig. 3) and a button cover (Fig. 3, Part No. 36) positioned within the opening, whereby the button cover enables activation of the button (37) disposed on the printed circuit board (94) (Col. 5, Lines 22-27) within the electronics housing (Col. 3, Lines 22-37).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Thurman with the button cover enables activation of the button disposed on the printed circuit board as taught by Steinberg as a means of providing a ball striking implement with an ON/OFF button that controls operation of a light of the ball striking implement (Steinberg: Col. 3, Lines 22-37).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Thurman in view of Bentley, Fedullo, Giegerich, Yeh, and Steinberg, further in view of Washburn (8827848).
Regarding claim 13, the modified Thurman (Figures 24-26) teaches a frame comprising a paddle portion (See fig. 26) (Para. 0150), a handle portion (See fig. 26) extending from the paddle portion,.
The modified Thurman does not teach the electronics housing is attached to the end of the handle portion with one or more screws.
Washburn teaches the electronics housing (Fig. 6, Part No. 49) is attached to the end of the handle portion with one or more screws (Fig. 6, Part No. 50) (Col. 6, Lines 34-42).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Thurman with the electronics housing is attached to the end of the handle portion with one or more screws as taught by Washburn as a means of providing a handle of a ball striking implement with removable electronics located in a threaded cap of the ball striking implement (Washburn: Col. 6, Lines 34-42).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Thurman in view of Bentley, Fedullo, Giegerich, Yeh, and Steinberg, further in view of Polstein (20160158619).
Regarding claim 14, the modified Thurman (Figures 24-26) teaches a frame comprising a paddle portion (See fig. 26) (Para. 0150), a handle portion (See fig. 26) extending from the paddle portion,.
The modified Thurman does not teach the printed circuit board further comprises a charger port electrically coupled to the battery to charge the battery when a power source is connected to the charger port.
Polstein (Figures 1-12) teaches the printed circuit board (Fig. 6, Part No. 56) (Para. 0028) further comprises a charger port (50) (Para. 0038) electrically coupled to the battery (38) to charge the battery when a power source is connected to the charger port (Para. 0038).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Thurman with a charger port electrically coupled to the battery as taught by Polstein as a means of providing an illuminated ball striking implement with means for charging a battery to power electronics of the ball striking implement (Polstein: Para. 0038).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Thurman in view of Bentley, Fedullo and Giegerich, further in view of Steinberg.
Regarding claim 16, the modified Thurman (Figures 24-26) teaches a frame comprising a paddle portion (See fig. 26) (Para. 0150), a handle portion (See fig. 26) extending from the paddle portion,.
The modified Thurman does not teach activation of the button controls operation of the at least one light source in a plurality of modes comprising: activating the at least one light source to cycle through a plurality of colors, causing the at least one light source to hold the cycling through the plurality of colors on a selected color, and deactivating the at least one light source.
Steinberg teaches activation of the button controls operation of the at least one light source (Col. 3, Lines 22-37).
Giegerich (Figures 1-2) teaches activation of at least one light source in a plurality of modes comprising: activating the at least one light source to cycle through a plurality of colors (Para. 0036), causing the at least one light source to hold the cycling through the plurality of colors on a selected color (Para. 0020, 0036), and deactivating the at least one light source (Para. 0020, 0036).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Thurman with activation of the button controls operation of the at least one light source as taught by Steinberg as a means of as a means of providing a ball striking implement with an ON/OFF button that controls operation of a light of the ball striking implement (Steinberg: Col. 3, Lines 22-37), and to provide the modified Thurman with activating the at least one light source to cycle through a plurality of colors as taught by Giegerich as a means of providing a sports paddle with lights that cycle through different colors at different instances (Giegerich: Para. 0020, 0036).
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Thurman in view of Bentley, Fedullo, and Giegerich.
Regarding claim 18, Thurman (Figures 24-26) teaches an illuminated paddle comprising: a frame comprising a paddle portion (See fig. 26) (Para. 0150), a handle portion (See fig. 26) extending from the paddle portion, a perimeter that extends around the paddle portion and the handle portion (See fig. 26), and a channel (See fig. 24C; Para. 0145) positioned along at least a portion of the perimeter, the paddle portion comprising a plurality of internal strength members (Fig. 26, Part No. 2374) (Para. 0150) that define a plurality of cavities; a light pipe (Fig. 24C, Part No. 2172-2) (Para. 0145) disposed within at least a portion of the channel of the frame; a cavity formed in the handle portion of the frame (See fig. 26); the cavity extends from a bottom face of the handle portion towards the paddle portion (See fig. 26); and two grips (Fig. 26, Part No. 30); and an electronics housing (Fig. 26 and 32A, Part No. 36) (Para. 0078) coupled to the end of the handle portion opposite the paddle portion, wherein the electronics housing encloses the bottom face of the handle portion and receives opposing first and second ends of the channel (See fig. 26 and 32A) (Para. 0078).
It is noted that the claim recitation of “an electronics housing” does not structurally distinguish the claimed apparatus from the prior art because Thurman teaches a housing that is fully capable of being used as “an electronics housing”. As an alternative rejection, the prior art of Bentley being used to teach an electronic housing.
Bentley teaches an electronics housing (Fig. 2-3, part No. 230) (Para. 0063, 0058) coupled to the end of the handle portion, wherein the electronics housing encloses the bottom face of the handle portion (See fig. 3-4).
It is noted that the prior art of Thurman is fully capable of performing the claim recitation of “sized to receive and retain a battery” as the recited limitation is directed to the intended use of the claimed apparatus and does not structurally distinguish the claimed apparatus from the prior art.
Thurman (Fig. 24-26) does not teach a light source assembly disposed at an end of the handle portion opposite the paddle portion, the light source assembly comprising at least one light source; the light pipe is optically coupled to the at least one light source; and wherein the light pipe is configured to propagate light emitted from the light source about the perimeter and diffuse the light emitted from the light source outwardly away from the light pipe; a first rubber layer secured to a first face of the paddle portion of the frame; a second rubber layer secured to a second face opposite the first face of the paddle portion of the frame; each of the two grips secured to opposing faces of the handle portion of the frame and enclosing the battery disposed within the cavity of the handle portion of the frame.
Fedullo (Figures 1-8) teaches a light source assembly (Fig. 6, Part No. 56) disposed at an end of the handle portion opposite the paddle portion, the light source assembly comprising at least one light source (56) (Col. 4, Lines 62-66).
Thurman (Figures 1-2) teaches providing a perimeter of a paddle with a bumper (Fig. 1-2, Part No. 48) that is made from a translucent material (Para. 0087, 0089).
It is noted that Thurman (Fig. 24-26) teaches providing a perimeter of a paddle with a tubular bumper between two faceplates (Thurman: Fig. 24C, Part No. 2172-2; Para. 0145). Thurman (Fig. 1-2) teaches providing a perimeter of a paddle with a translucent bumper between two faceplates (Thurman: (Fig. 1-2, Part No. 48); Para. 0087, 0089). The combined teachings of Thurman and Fedullo under 35 USC 103 teaches the claim recitation of “the light pipe is optically coupled to the at least one light source” and “the light pipe is configured to propagate light emitted from the light source about the perimeter and diffuse the light emitted from the light source outwardly away from the light pipe”.
Giegerich (Figures 1-2) teaches a first rubber layer secured to a first face of the paddle portion of the frame (Para. 0031); a second rubber layer (Para. 0031) secured to a second face opposite the first face of the paddle portion of the frame; two grips (Fig. 1, Part No. 14) secured to opposing faces of the handle portion of the frame and enclosing the battery disposed within the cavity of the handle portion of the frame (Para. 0035).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide Thurman with an electronics housing coupled to the end of the handle portion as taught by Bentley as a means of providing a handle of a sports implement with a cap that houses electronic components of the sport implement (Bentley: Para. 0063), to provide Thurman with a light source assembly disposed at an end of the handle portion as taught by Fedullo as a means of providing a paddle with an internal light source so that the paddle can be used in a darkness condition (Fedullo: Col. 4, Lines 62-66), to provide Thurman (Fig. 24-26) with a translucent perimeter bumper as taught by Thurman (Fig. 1-2) as a means of selecting a known material (a translucent material) based on its suitability for its intended use (a perimeter bumper/strip of a paddle) (See: Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945); In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960)), and to provide the modified Thurman with the battery disposed within a cavity of the handle portion as taught by Giegerich as a means of providing a sports paddle with means to illuminate a light of the sports paddle (Giegerich: Para. 0035).
Regarding claim 19, the modified Thurman (Figures 24-26) teaches the plurality of internal strength members comprises a central strength member (Fig. 26, Part No. 2374-1) extending from the handle portion through the paddle portion and a plurality of branching strength members (2374-2, 2374-3) extending from the central strength member outward toward the perimeter of the frame, the plurality of branching strength members (2374-2, 2374-3) form a non-perpendicular angle with the central strength member (2374-1), and the plurality of branching strength members extend from the central strength member in a direction away from the handle portion (See fig. 26).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Thurman in view of Bentley, Fedullo, and Giegerich, further in view of Yeh and Steinberg.
Regarding claim 20, the modified Thurman (Figures 24-26) teaches a frame comprising a paddle portion (See fig. 26) (Para. 0150), a handle portion (See fig. 26) extending from the paddle portion.
The modified Thurman does not teach the electronics housing retains a printed circuit board comprising the at least one light source, a button, and electronic components electrically coupled to the battery and configured to control operation of the at least one light source in response to activation of the button.
Yeh (Figures 1-6) teaches the electronics housing retains a printed circuit board (Fig. 2, Part No. 5) (Col. 2, Lines 65-68) comprising the at least one light source (12, 51), a button (19), and electronic components electrically coupled to the battery (31).
Steinberg teaches electronic components electrically coupled to the battery and configured to control operation of the at least one light source in response to activation of the button (Fig. 3, Part No. 37) (Col. 3, Lines 22-37).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Thurman with the electronics housing retains a printed circuit board as taught by Yeh as a means of providing a handle of a ball striking sports implement with internal electronics that control operation of a light within the handle of the sports implement (Yeh: Col. 2, Lines 58-68), and to provide the modified Thurman with electronic components configured to control operation of the at least one light source in response to activation of the button as taught by Steinberg as a means of providing a ball striking implement with an ON/OFF button that controls operation of a light of the ball striking implement (Steinberg: Col. 3, Lines 22-37).
Response to Arguments
Applicant's arguments filed 09/11/2026 have been fully considered but they are not persuasive.
Applicant argues that the prior art of record does not teach the recitation in claim 1 of “the handle portion of the frame comprises a cavity sized to receive and retain a battery, the cavity extending from a bottom face of the handle portion towards the paddle portion, and wherein the electronics housing encloses the bottom face of the handle portion and receives opposing first and second ends of the channel”, this is not found persuasive because Thurman (Figures 24-26) teaches an electronics housing (Fig. 26 and 32A, Part No. 36) (Para. 0078) coupled to the end of the handle portion opposite the paddle portion, wherein the handle portion of the frame comprises a cavity (See fig. 26), the cavity extending from a bottom face of the handle portion towards the paddle portion (See fig. 26), and wherein the electronics housing (36) encloses the bottom face of the handle portion and receives opposing first and second ends of the channel (See fig. 26 and 32A) (Para. 0078). It is noted that the claim recitation of “an electronics housing” does not structurally distinguish the claimed apparatus from the prior art because Thurman teaches a housing that is fully capable of being used as “an electronics housing”. As an alternative rejection, the prior art of Bentley being used to teach an electronic housing. It is noted that the prior art od Thurman is fully capable of performing the claim recitation of “sized to receive and retain a battery” as the recited limitation is directed to the intended use of the claimed apparatus and does not structurally distinguish the claimed apparatus from the prior art.
Applicant argues that the prior art of record does not teach the recitation in claim 18 of “an electronics housing coupled to the end of the handle portion opposite the paddle portion, wherein the electronics housing encloses the bottom face of the handle portion and receives opposing first and second ends of the channel”, this is not found persuasive because Thurman (Figures 24-26) teaches an electronics housing (Fig. 26 and 32A, Part No. 36) (Para. 0078) coupled to the end of the handle portion opposite the paddle portion, wherein the electronics housing encloses the bottom face of the handle portion and receives opposing first and second ends of the channel (See fig. 26 and 32A) (Para. 0078). It is noted that the claim recitation of “an electronics housing” does not structurally distinguish the claimed apparatus from the prior art because Thurman teaches a housing that is fully capable of being used as “an electronics housing”. As an alternative rejection, the prior art of Bentley being used to teach an electronic housing. It is noted that the prior art of Thurman is fully capable of performing the claim recitation of “sized to receive and retain a battery” as the recited limitation is directed to the intended use of the claimed apparatus and does not structurally distinguish the claimed apparatus from the prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER GLENN whose telephone number is (571)272-1277. The examiner can normally be reached 9:00 a.m. - 5:00 p.m..
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, EUGENE KIM can be reached at (571) 272-4463. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/C.G./Examiner, Art Unit 3711
/JOSEPH B BALDORI/Primary Examiner, Art Unit 3711
