Prosecution Insights
Last updated: July 17, 2026
Application No. 18/131,919

ILLUMINATED PADDLES

Final Rejection §103
Filed
Apr 07, 2023
Priority
Apr 08, 2022 — provisional 63/328,889
Examiner
GLENN, CHRISTOPHER A.
Art Unit
3711
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Brightz Ltd.
OA Round
2 (Final)
40%
Grant Probability
At Risk
3-4
OA Rounds
0m
Est. Remaining
77%
With Interview

Examiner Intelligence

Grants only 40% of cases
40%
Career Allowance Rate
219 granted / 550 resolved
-30.2% vs TC avg
Strong +38% interview lift
Without
With
+37.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
44 currently pending
Career history
608
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
88.9%
+48.9% vs TC avg
§102
4.9%
-35.1% vs TC avg
§112
3.8%
-36.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 550 resolved cases

Office Action

§103
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 . Response to Amendment The amendment filed 04/06/2026 has been entered. Claims 1-20 are pending in the application. 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 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Thurman (20210252356) in view of 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. Thurman (Fig. 24-26) does not teach a light source assembly disposed at an end of the handle 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, 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 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). Regarding claim 8, the modified Thurman (Figures 24-26) teaches the handle portion of the frame comprises a cavity (See fig. 26). The modified Thurman does not teach the cavity is sized to receive and retain a battery. It is noted that the prior art of Thurman is fully capable of performing the claim recitation of “the cavity is sized to receive and retain a battery” as the recited limitation is directed to the intended use of the claimed apparatus and the prior art of Thurman teaches the structure (a cavity) that can be used to retain a battery as claimed. Apparatus claims cover what a device is, not what a device does (See: Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990)). A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim (See: Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)). Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Thurman in view of 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 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 the two grips are secured to opposing faces of the handle portion of the frame and enclose the battery disposed within a cavity of the handle portion. Giegerich (Figures 1-2) teaches the two grips (Fig. 1, Part No. 14) are secured to opposing faces of the handle portion of the frame and enclose the battery disposed within a 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 11-12, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Thurman in view of 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 handle portion comprises an electronics housing, 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 handle portion comprises an electronics housing, 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 12, 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 positioned on the end of the handle portion opposite the paddle portion. Yeh (Figures 1-6) teaches the electronics housing (See fig. 2) is positioned on the end of the handle portion opposite the paddle portion (2). 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 positioned on the end of the handle portion opposite the paddle portion 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). 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 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 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 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. 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 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 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; a cavity formed in the handle portion of the frame (See fig. 26); and two grips (Fig. 26, Part No. 30). It is noted that the prior art of Thurman is fully capable of performing the claim recitation of “the cavity is sized to receive and retain a battery” as the recited limitation is directed to the intended use of the claimed apparatus and the prior art of Thurman teaches the structure (a cavity) that can be used to retain a battery as claimed. Thurman (Fig. 24-26) does not teach a light source assembly disposed at an end of the handle 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; each of the two grips secured to opposing faces of the handle portion of the frame and enclose 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, 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 two grips (Fig. 1, Part No. 14) secured to opposing faces of the handle portion of the frame and enclose 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 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 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 handle portion comprises an electronics housing, 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 handle portion comprises an electronics housing, 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 04/06/2026 have been fully considered but they are not persuasive. Applicant argues that the prior art of record does not teach the recitation in claims 1 and 18 of “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”, this is not found persuasive because the prior art of 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), Fedullo teaches a light source assembly (Fig. 6, Part No. 56) disposed at an end of the handle portion (Col. 4, Lines 62-66). 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”. Applicant argues that providing the prior art of Thurman with the teachings of Fedullo because providing Thurman with the light source disclosed by Fedullo would require redesigning paddle of Thurman, this is not found persuasive because the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). In the instant case, providing the paddle of Thurman with a light source as taught by Fedullo would have been obvious 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). 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 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
Read full office action

Prosecution Timeline

Apr 07, 2023
Application Filed
Jan 12, 2026
Non-Final Rejection mailed — §103
Feb 23, 2026
Examiner Interview Summary
Feb 23, 2026
Applicant Interview (Telephonic)
Apr 06, 2026
Response Filed
Jun 26, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
40%
Grant Probability
77%
With Interview (+37.6%)
2y 6m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 550 resolved cases by this examiner. Grant probability derived from career allowance rate.

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