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
Claims 1-22 remain pending in the application.
Applicant’s arguments regarding the rejection of claims 1-2, 4-7, 9-13 and 15-20 under 35 USC 102 as anticipated by Garnett have been fully considered. The rejection is withdrawn because Garnett fails to teach a mechanical wrap that applies uniform compressive force around the entire circumference to the sleeve.
The previous rejections under 35 USC 103 are also withdrawn for the deficiencies in Garnett noted above.
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.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
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 of carrying out his invention.
Claims 4, 12 and 20 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 applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 4, 12 and 20 recite “the heater directly physically contacts and abuts”. The term “directly physically contacts” does not appear in the specification as originally filed. The Applicant references paragraph [0081] in support, but this paragraph is not related to the contact between the heater and the bat. The figures at best show abutment, but do not support direct physical contact. The limitations constitute new matter.
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 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 of this title, 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 1-2, 4-7, 9-13 and 15-22 are rejected under 35 U.S.C. 103 as unpatentable over Garnett (US5786574) in view of Hamm et al. (US2004/0139860).
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Regarding claim 1, Garnett teaches a bat warmer comprising: a sleeve (26) configured to receive a bat (20); a heater (34) on an interior of the sleeve, the heater configured to apply thermal energy to the bat in the sleeve; and a mechanical wrap (28) comprising a first end (generally 38) and a second end (generally 16), the first end connected to the sleeve, the second end opposite the first end and being configured to circumferentially wrap around an exterior of the sleeve such that the wrap applies compressive force to the sleeve, the heater, and the bat in the sleeve.
Garnett fails to explicitly teach the wrap applies uniform compressive force around the entire circumference to the sleeve.
In an analogous art, Hamm teaches an electrically heated jacket. Hamm teaches a wrap (32) that applies uniform compressive force around the entire circumference of a sleeve (15). When attached to itself with hook and loop fasteners, the wrap makes a snug, heath-transfer-efficient fit (see paragraph [0032]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the bat warmer of Garnett and change it so that the wrap applies uniform compressive force around the entire circumference to the sleeve as taught by Hamm to make a snug, heat-transfer-efficient fit.
Regarding claim 2, Garnett as modified teaches the first end comprises one of a hook and a loop, the second end comprises the other of the hook and the loop, the hook and the loop forming a fastening system to connect the wrap to itself (Garnett teaches a pile-type fastener, see Col. 4 lines 33-42).
Regarding claim 4, Garnett as modified teaches the heater is fastened to an inner wall of the sleeve such that the heater directly physically contacts and abuts the bat (the heater is considered to “directly physically contact” the bat because heat is conducted through the layers 30, 26), and wherein the uniform compressive force applied by the mechanical wrap presses the heater against the bat to enable conductive heat transfer into an interior of the bat for improved heat distribution and retention after removal of the bat from the sleeve (Garnett as modified teaches a snug, heat-transfer-efficient fit).
Regarding claim 5, Garnett as modified teaches the second end of the mechanical wrap comprises an integrated pocket (42, the pocket is formed on the exterior of the wrap on the flap containing the structure interpreted to be the second end) formed on the mechanical wrap and configured to receive a battery (80) for powering the heater.
Regarding claim 6, Garnett as modified teaches a combination comprising the bat warmer of claim 1 and the bat.
Regarding claim 7, Garnett teaches a heating apparatus for warming a sport equipment, the heating apparatus comprising: an electric heater (34) configured to apply thermal energy to the sport equipment during operation of the heating apparatus; a battery (80) operably connected to the electric heater so as to provide electric power to the electric heater during operation of the electric heater; a compression sleeve (26) configured to receive the sport equipment and to provide a first stage of force to press the electric heater against the sport equipment; and a mechanical wrap (28) comprising a first end (generally 38) attached to the compression sleeve and a free second end (generally 16 the second end is considered “free” because of the vertical cut 38 that is fastened to close the wrap) opposite the first end, the mechanical wrap configured to provide a second stage of force to press the electric heater directly against the sport equipment.
Garnett fails to teach the second stage of force is greater than the first stage.
In an analogous art, Hamm teaches an electrically heated jacket. Hamm teaches a wrap (32) that applies uniform compressive force around the entire circumference of a sleeve (15). When attached to itself with hook and loop fasteners, the wrap makes a snug, heath-transfer-efficient fit (see paragraph [0032]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the bat warmer of Garnett and change it so that the second stage of force is greater than the first stage as taught by Hamm to make a snug, heat-transfer-efficient fit.
Regarding claim 9, Garnett as modified teaches the compression sleeve comprises a top end with an opening (16) and an adjustable fastening system (36) configured to adjust a size of the opening.
Regarding claim 10, Garnett as modified teaches the electric heater is positioned in an interior of the compression sleeve.
Regarding claim 11, Garnett as modified teaches the free second end of the wrap connects to the first end of the wrap when the heating device is in use.
Regarding claim 12, Garnett as modified teaches the electric heater is fastened to an inner wall of the compression sleeve such that the heater directly physically contacts and abuts the sport equipment (the heater is considered to “directly physically contact” the bat because heat is conducted through the layers 30, 26), and wherein the second stage of force applied by the mechanical wrap presses the heater against the sport equipment to enable conductive heat transfer into an interior of the sport equipment (Garnett as modified teaches a snug, heat-transfer-efficient fit).
Regarding claim 13, Garnett as modified teaches the sport equipment is a baseball bat or softball bat.
Regarding claim 15, Garnett as modified teaches the adjustable fastening system is a zipper.
Regarding claim 16, Garnett as modified teaches a combination comprising the heating apparatus of claim 7 and the sport equipment.
Regarding claim 17, Garnett teaches a sport equipment warming assembly comprising: a compression sleeve (26) configured to receive a generally cylindrical portion (20) of a sport equipment, the compression sleeve comprising a bottom portion, a top portion, and a middle portion connecting the top portion to the bottom portion (see Fig. 2); a heater (34) connected with the compression sleeve; and a wrap comprising (28): a first end (generally 38) attached to the middle portion of the compression sleeve; and a second end (generally 16) opposite the first end, wherein the second end is configured to circumferentially wrap around the compression sleeve, the heater, and the generally cylindrical portion of the sport equipment and to attach to the first end.
Garnett fails to explicitly teach the wrap applies uniform compressive force around the circumference of the sleeve, heater and sport equipment.
In an analogous art, Hamm teaches an electrically heated jacket. Hamm teaches a wrap (32) that applies uniform compressive force around the entire circumference of a sleeve (15). When attached to itself with hook and loop fasteners, the wrap makes a snug, heath-transfer-efficient fit (see paragraph [0032]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the bat warmer of Garnett and change it so that the wrap applies uniform compressive force around the circumference of the sleeve, heater and sport equipment as taught by Hamm to make a snug, heat-transfer-efficient fit.
Regarding claim 18, Garnett as modified teaches the second end of the wrap comprises an integrated pocket (42, the pocket is formed on the exterior of the wrap on the flap containing the structure interpreted to be the second end) formed on the wrap.
Regarding claim 19, Garnett as modified teaches a battery (80) positioned in the pocket, the battery configured to provide electric power to the heater.
Regarding claim 20, Garnett as modified teaches the heater is fastened to an inner wall of the compression sleeve such that the heater directly physically contacts and abuts the generally cylindrical portion of the sport equipment (the heater is considered to “directly physically contact” the bat because heat is conducted through the layers 30, 26), and wherein the uniform compressive force applied by the wrap presses the heater against the sport equipment (Garnett as modified teaches a snug, heat-transfer-efficient fit).
Regarding claim 21, Garnett as modified teaches the mechanical wrap is formed of an elastic material (Garnett teaches a polymeric fabric which is considered elastic), and the integrated pocket is formed on the elastic material of the mechanical wrap (see Fig. 1 of Garnett).
Regarding claim 22, Garnett as modified teaches the wrap is formed of an elastic material (Garnett teaches a polymeric fabric which is considered elastic), and the integrated pocket is formed integrally with the elastic material of the wrap (see Fig.1 of Garnett).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Garnett in view of Hamm and Cirone (US2004/0081947).
Regarding claim 3, Garnett as modified teaches the bat warmer of claim 1, but fails to teach the sleeve is made from neoprene.
In an analogous art, Cirone teaches a bat cover. Cirone teaches the bat cover is made from neoprene for its insulative properties (see paragraph [0011]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the bat warmer of Garnett as modified and change it so that the sleeve is made from neoprene as taught by Cirone to form the sleeve from a material with insulative properties.
Claims 8 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Garnett in view of Hamm and Wolfe et al. (US9821204).
Regarding claims 8 and 14, Garnett as modified teaches the heating apparatus of claim 7, but fails to explicitly teach a user interface connected to the electric heater, the user interface designed to control an operation of the electric heater in response to an input by a user, wherein the user interface illuminates when the electric heater is in use.
In an analogous art, Wolfe teaches a heated sport equipment shaft. Wolf teaches a user interface (138) to control the heater, and an illuminated indicator (132) attached to the interface to provide feedback to the user.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the bat warmer of Garnett as modified and change it to have a user interface connected to the electric heater, the user interface designed to control an operation of the electric heater in response to an input by a user, wherein the user interface illuminates when the electric heater is in use as taught by Wolfe to provide control and user feedback for the heater.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 CAMERON A CORDAY whose telephone number is (571)272-0383. The examiner can normally be reached M-F 8-4 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Courtney Heinle can be reached at (571) 270-3508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CAMERON A CORDAY/Examiner, Art Unit 3745 /COURTNEY D HEINLE/Supervisory Patent Examiner, Art Unit 3745
