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 .
Claim Rejections - 35 USC § 102
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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2, 4-7, 9-13 and 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Garnett (US5786574).
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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 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 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.
Regarding claim 2, Garnett 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 teaches the heater directly contacts the bat (the heater is considered to “directly contact” the bat because heat is conducted through the layers 30, 26).
Regarding claim 5, Garnett teaches the second end comprises a pocket (42) and configured to receive a battery (80) for powering the heater.
Regarding claim 6, Garnett 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 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 wrap configured to provide a second stage of force to press the electric heater against the sport equipment.
Regarding claim 9, Garnett 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 teaches the electric heater is positioned in an interior of the compression sleeve.
Regarding claim 11, Garnett 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 teaches the electric heater is pressed directly against the sport equipment (the heater is considered to “directly contact” the bat because heat is conducted through the layers 30, 26).
Regarding claim 13, Garnett teaches the sport equipment is a baseball bat or softball bat.
Regarding claim 15, Garnett teaches the adjustable fastening system is a zipper.
Regarding claim 16, Garnett 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 wrap around the compression sleeve, the heater, and the generally cylindrical portion of the sport equipment and to attach to the first end.
Regarding claim 18, Garnett teaches the second end comprises a pocket (42).
Regarding claim 19, Garnett teaches a battery (80) positioned in the pocket, the battery configured to provide electric power to the heater.
Regarding claim 20, Garnett teaches the heater abuts the generally cylindrical portion of the sport equipment.
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Garnett in view of
Cirone (US2004/0081947).
Regarding claim 3, Garnett 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 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 Wolfe et al. (US9821204).
Regarding claims 8 and 14, Garnett 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 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US references 12356513, 11969620, 2022/0125623, 2019/0168946, 2013/0248066, 7238920, 2006/0084530, 6247469, 6229132 and 5436429 teach heated wraps for various sport and food applications.
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