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 § 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.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Edwards (US2013/0017910A1) in view of Chausse (US6386789), and further in view of Lissner (US6636606).
Regarding Claim 1, Edwards teaches a spherical member made up of a first spherical half member and a second spherical half member (Paragraph 17, FIG 1), a stem portion provided on an interior planar surface of the first spherical half member (Paragraph 18, FIG 2A, Component 107), and a quick release button provided on the second spherical half member (Paragraph 22, Component 126). Edwards also teaches a detent mechanism (Paragraph 21, FIG 3), and a motivation for adding a quick release system (Paragraph 15, “the ease of use… may be further enhanced with the inclusion of a quick release or attachment mechanism in the knob or attachment stud”). Edwards does not teach a specifically spring biased detent mechanism provided within the second spherical half member. Chausse teaches a spring biased detent mechanism (Paragraph 19). It would have been obvious to a person having ordinary skill in the art at the effective time of filing to modify Edward’s quick release system by adding a spring detent mechanism as taught by Chausse, as Chausse discloses that “Ball type locking pins are used in many different applications where two elements are to be releasably secured together” (Paragraph 4), and his “ball type locking pins” include spring mechanisms. Edwards also does not teach an annular lip provided on the second spherical half member and surrounding said quick release button. Lissner teaches an annual lip for protecting against unintentional activation of a button (Claim 1). It would have been obvious to a person having ordinary skill in the art at the effective time of filing to modify Edward’s quick release system by adding an annular lip as taught by Lissner, as it is common knowledge that adding a raised edge can prevent the accidental depression of a button.
Regarding Claim 2, Edwards teaches a stem portion with an annular shoulder portion thereabout (Paragraph 21, Component 107).
Regarding Claim 3, Chausse teaches a stem portion is provided with an enlarged head (FIG 4).
Regarding Claim 4, Chausse teaches the spring biased detent mechanism is provided with a slidable sleeve having an inner sleeve shoulder portion (Paragraph 25, Components 139 and 140).
Regarding Claim 5, Chausse teaches the inner sleeve shoulder portion engages a plurality of spherical elements (Paragraph 6, FIG 4).
Regarding Claim 6, Chausse teaches the slidable sleeve is provided with an annular recess to selectively receive a plurality of spherical elements (Paragraph 11, FIG 18 and 19).
Regarding Claim 7, Edwards teaches the tennis racquet training device… comprising a plurality of weights, wherein the plurality of weights is adjustable (Paragraph 20, Component 105).
Regarding Claim 8, a tennis racquet having a grid of strings is inherent both to the construction of a tennis racquet and its place with a tennis racquet training device. Edwards teaches the racquet training device is releasably secured to the racquet (Paragraph 7). All other limitations of this claim were addressed in Paragraph 5 of this non-final rejection.
Regarding Claim 9, Edwards teaches the stem portion of the first spherical half member is secured through the grid of strings, and wherein the second spherical half member having the spring biased detent mechanism is mounted on the stem portion of the first spherical half member (Paragraph 7).
Regarding Claim 10, Edwards teaches a quick release button (Paragraph 21, FIG 3), a stem portion and a receiving portion (Paragraph 18, FIG 2A, Component 107), and the ability to put a device around the strings of a tennis racquet (Paragraph 7). Edwards’ device is capable of being placed at different positions on the tennis racquet. The method steps outlined in Claim 10 naturally and obviously occur when reading Edwards in view of Chausse and further in view of Lissner. For example, after the spherical elements are unlocked with the press release button being actuated, a user would inherently pull the members apart to attach the spherical members to the strings of a racquet.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RENEE FLORENCIA NERENBERG whose telephone number is (571)272-9599. The examiner can normally be reached M-F 7:30-5.
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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.
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/R.F.N./Patent Examiner, Art Unit 3711 /EUGENE L KIM/Supervisory Patent Examiner, Art Unit 3711