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 Objections
Claims 4 and 8 are objected to because of the following informalities:
Re claim 4, line 1: “the materials” lacks antecedent basis. Accordingly, substitute “the materials” with – materials --.
Re claim 8, lines 4-5: “said piece of the modular set” lacks antecedent basis. Accordingly, substitute “said piece of the modular set” with – a piece of a modular set --.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-6 and 8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Re claim 2, line 5: The phrase “polypropylene or the like” is indefinite wherein the “or the like” does not clearly define the claimed invention. Either, the blade cover is made of “polypropylene” or not. Applicant should possibly rewrite the claim in a Markush grouping in order to cover alternative materials that which the blade cover can be manufactured. For examination purposes, polypropylene will be addressed, hereinafter.
Re claim 6, line 2: The phrase “related means” is indefinite because where is the meets and bound of the claimed invention. That is, “related means” does not have definite structural limitation.
Applicant should clearly define what “related means” consist of in the claimed invention. For the purposes of the examination, the onboarded chips and sensors will be addressed, hereinafter.
Re claim 8, line 5: The phrase “or otherwise” is indefinite because where is the meets and bound of the claimed invention. That is, “or otherwise” does not have definite structural limitation. Applicant should clearly define what “or otherwise” consist of in the claimed invention. For the purposes of the examination, “or otherwise” will not be treated in this communication until further clarification is made.
Claims 3-6 (dependent claims) are rejected based on the independent claims which are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wells (US 2009/0324862).
Re claims 1-4 and 7-8: Wells teaches a hockey stick 4 having a blade 8 comprising a blade sleeve 10 which is formed of flexible material which are elastic wherein the flexible material consist of plastic, rubber, silicone, latex, elastomer or fabric which serves as a polymer, polypropylene or composite properties further comprising an adhesive layer 38 for sticking to a hockey blade and a sole member (34, 36) including a partial circumferential barrier position of a surface centered upon a playing surface of a ventral part of the hockey stick blade wherein the hockey stick blade protection sleeve 10 is removable or permanent (see figs. 1, 3 and 4-7; para. 0010-0011; para. 0031; para. 0034; para. 0036; and para. 0040).
Re claims 5-6: Wells inherently discloses the specific design factor for custom fit for all types of different hockey stick blades having slightly different thickness and the height of the blade manufactured by different companies which inherently includes the computer aided system and software to meet the bound of this claimed invention. Furthermore, any and all design and manufacturer of this device would maintain a database of all the custom fit blade sleeves for different hockey stick companies/manufacturers so that the repeat of measuring and manufacturing would not be repeated. Accordingly, Wells inherently meets the claimed invention (see para. 0034).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Westerlund (US 2002/0177497); Ogundipe (US 2022/0331673); and Palumbo et al (US 2015/0072809) discloses sports equipment protective sleeve.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL G LEE, AU2876 SPE whose telephone number is (571)272-2398. The examiner can normally be reached (M-F, 430am-330pm).
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, Allana Bidder, TC2800 Director can be reached at (571)272-5560. 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.
/MICHAEL G LEE/Supervisory Patent Examiner, Art Unit 2876