DETAILED ACTION
This Office Action is in response to Applicants application filing received on December 29, 2023. Claim(s) 19-29 is/are currently pending in the instant application. The application claims priority to U.S. Provisional application 63/543,875 filed on October 12, 2023.
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 Examiner acknowledges the pre-examination amendments filed on May 30, 2024. Claims 1-18 have been canceled. Claims 19 and 20 are amended. Claims 21-29 are new added claims.
Information Disclosure Statement
The Examiner acknowledges the Applicants filing of IDS references on May 30, 2024. The references have been considered at this time. A copy of the annotated IDS sheet is included in this correspondence.
Specification
The abstract of the disclosure is objected to because it exceeds the 150 word limit. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The disclosure is objected to because of the following informalities: There is no detailed description of Fig. 10A and 10B in the disclosure.
Appropriate correction is required.
The amendment filed May 30, 2024 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
The amendment seeks to add “deform and” language to the specification paragraph [0083] in the disclosure “When the pivot arm 420 is moved to tis actuated position of Figure 6B, the one or more cam members 610 rotates and presses against the body 605 thereby causing the body to deform and constrict and press against the shaft body 140”. There is no prior disclosure of deform in the specification or application as a whole. Additionally there is not support in the provisional application for the amendment either. The Merriam-Webster definition of the word deform (in context to the claim language) is 1) to spoil the form of, or 3) to alter the shape of by stress. With respect to paragraph [0083] the language is “deform and constrict”. To constrict is to 1a) make narrow or draw together or 1b) compress, squeeze (Merriam-Webster). That being clear, one can constrict an element or material without spoiling or altering its shape, which is the general agreed definition of the word deform.
Applicant is required to cancel the new matter in the reply to this Office Action.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 19, 22, and 27 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 10, and 15 of copending Application No. 18/632,774 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because they are claiming the same invention.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim 19 can be drawn to claim 1 of co-pending U.S. Application 18/632,774: An adjustable length putter comprising:
a putter head having a contact face adapted to contact a golf ball;
a grip portion having a graspable surface adapted to be grasped by a golfer; and
a shaft portion connecting the grip portion to the putter head, wherein the shaft portion has a length adjustment mechanism comprising an outer shaft having a substantially circular cross section and a hollow interior, an inner shaft having a substantially circular cross section and being slidable within the hollow interior of the outer shaft, and a clamping mechanism moveable between an unlocked position in which the inner shaft is able to slide within the outer shaft and a locked position in which the inner shaft is prevented from sliding within the outer shaft;
wherein the clamping mechanism comprises a constrictor clamp, the constrictor clamp having a clamp body that defines a passageway that receives the outer shaft, wherein the constrictor clamp comprises a clamp actuator having a cam member rotatable by a pivot arm, wherein the clamp actuator moves the clamping mechanism from the unlocked position to the locked position by rotation of the pivot arm which causes the cam member to press against the clamp body to cause the clamp body to deform and constrict and press against the shaft portion by changing a cross- sectional dimension of the passageway, and
wherein the adjustable length putter is moveable from an extended configuration to a retracted configuration by sliding the inner shaft within the outer shaft when the clamping mechanism is in the unlocked position.
Claim 22 can be drawn to claims 1 and 15 of co-pending U.S. Application 18/632,774: An adjustable length putter comprising:
a putter head having a contact face adapted to contact a golf ball;
a grip portion having a graspable surface adapted to be grasped by a golfer; and
a shaft portion connecting the grip portion to the putter head, wherein the shaft portion has a length adjustment mechanism comprising an outer shaft having a substantially circular cross section and a hollow interior, an inner shaft having a substantially circular cross section and being slidable within the hollow interior of the outer shaft, and a clamping mechanism moveable between an unlocked position in which the inner shaft is able to slide within the outer shaft and a locked position in which the inner shaft is prevented from sliding within the outer shaft;
wherein the clamping mechanism comprises a constrictor clamp, the constrictor clamp having a clamp body that defines a passageway that receives the outer shaft, wherein the constrictor clamp comprises a clamp actuator having a cam member rotatable by a pivot arm, wherein the clamp actuator moves the clamping mechanism from the unlocked position to the locked position by rotation of the pivot arm which causes the cam member to press against the clamp body to cause the clamp body to deform and constrict and press against the shaft portion by changing a cross- sectional dimension of the passageway, and
wherein the adjustable length putter is moveable from an extended configuration to a retracted configuration by sliding the inner shaft within the outer shaft when the clamping mechanism is in the unlocked position.
(15) wherein the pivot arm pivots about a pivot pin, the pivot pin defining a pivot axis extending substantially parallel to a longitudinal axis of the shaft portion, and wherein the pivot pin is located in the front of the shaft portion to assist the golfer in aligning the putter during use of the putter,
Claim 27 can be drawn to claims 1 and 10 of co-pending U.S. Application 18/632,774: An adjustable length putter comprising:
a putter head having a contact face adapted to contact a golf ball;
a grip portion having a graspable surface adapted to be grasped by a golfer; and
a shaft portion connecting the grip portion to the putter head, wherein the shaft portion has a length adjustment mechanism comprising an outer shaft having a substantially circular cross section and a hollow interior, an inner shaft having a substantially circular cross section and being slidable within the hollow interior of the outer shaft, and a clamping mechanism moveable between an unlocked position in which the inner shaft is able to slide within the outer shaft and a locked position in which the inner shaft is prevented from sliding within the outer shaft;
wherein the clamping mechanism comprises a constrictor clamp, the constrictor clamp having a clamp body that defines a passageway that receives the outer shaft, wherein the constrictor clamp comprises a clamp actuator having a cam member rotatable by a pivot arm, wherein the clamp actuator moves the clamping mechanism from the unlocked position to the locked position by rotation of the pivot arm which causes the cam member to press against the clamp body to cause the clamp body to deform and constrict and press against the shaft portion by changing a cross- sectional dimension of the passageway, and
wherein the adjustable length putter is moveable from an extended configuration to a retracted configuration by sliding the inner shaft within the outer shaft when the clamping mechanism is in the unlocked position.
(10) the outer shaft comprises a longitudinally extending channel on the outer surface of the outer shaft, wherein the inner shaft comprises a longitudinally extending channel on the outer surface of the inner shaft, wherein the longitudinally extending channels are aligned with one another, wherein the outer shaft comprises a window so that the clamping mechanism can contact the inner shaft through the window.
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 (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 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) 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park KR 20120035008 A (hereafter Park).
Regarding claim 19, Park discloses providing an adjustable length putter (see at least, Fig. 5) comprising a putter head (12) having a contact face adapted to contact a golf ball (a metal material to directly hit the golf ball. It consists of a configured head 103, Fig. 1);
a grip portion having a graspable surface adapted to be grasped by a golfer (see at least, Fig. 5, grip 10); and
a shaft portion (see at least Fig. 5, 50a, 50b and 11) connecting the grip portion (10) to the putter head (12), wherein the shaft portion has a length adjustment mechanism comprising an outer shaft having a hollow interior (see at least Fig. 5, 6, The guide tube 11 is installed in the hollow penetrating the inner side of the grip 10, the variable length shaft 50a penetrates through the inner circumference of the guide tube 11 and slides in an axial direction so as to be movable. It is provided, the length adjusting means 30 for adjusting and fixing the length of the variable length shaft (50a) is fastened.), an inner shaft slidable within the hollow interior of the outer shaft (50b slides within shaft 50a), and a clamping mechanism (see at least Fig. 5, length adjusting means 30 and 30’) moveable between an unlocked position (see at least, Fig. 3, locked and unlocked positions) in which the inner shaft is able to slide within the outer shaft and a locked position in which the inner shaft is prevented from sliding within the outer shaft (see at least Fig. 6, length changed in which variable length shaft 50b can slide within variable length shaft 50a and variable length shaft 50a can slide within guide tube 11 using length adjusting means 30 and 30’);
moving the clamping mechanism from the locked position to the unlocked (see at least Fig. 3B and 3A, respectively) position by pivoting a pivot arm (31’) about a pivot axis (40’) to [deform] a clamp body (32’) to change the cross-sectional dimension of a passageway of the clamping mechanism (50a and 50b) ;
changing the length of the adjustable length putter (see at least it is possible to adjust the length of the shaft according to the physical condition to optimize the putting feeling according to the characteristics of the individual, by providing stability and confidence when putting It relates to a golf putter length adjusting device that can be putt comfortably.); and
moving the clamping mechanism from the unlocked position to the locked position by pivoting the pivot arm in the opposite direction about the pivot axis (see at least Fig. 3A & 3B).
Regarding claim 20, wherein the method further comprises: when the clamping mechanism is in the locked position, using the adjustable length putter to putt a golf ball and using the pivot axis as an alignment guide while putting the golf ball (see at least Fig. 5, hinge shaft 40 aligns with putter head 12).
Regarding claim 21, wherein the step of changing the length of the adjustable length putter is performed after a user has grown to a new height (see at least Golf putter length adjustment device according to the present invention is implemented to be able to easily adjust the length of the shaft to match the height of the player.).
Regarding claim 22, providing an adjustable length putter (see at least, Fig. 5) comprising a putter head (12) having a contact face adapted to contact a golf ball (a metal material to directly hit the golf ball. It consists of a configured head 103, Fig. 1);
a grip portion having a graspable surface adapted to be grasped by a golfer (see at least, Fig. 5, grip 10); and
a shaft portion (see at least Fig. 5, 50a, 50b and 11) connecting the grip (10) portion to the putter head (12), wherein the shaft portion has a length adjustment mechanism comprising an outer shaft having a hollow interior (see at least Fig. 5, 6, The guide tube 11 is installed in the hollow penetrating the inner side of the grip 10, the variable length shaft 50a penetrates through the inner circumference of the guide tube 11 and slides in an axial direction so as to be movable. It is provided, the length adjusting means 30 for adjusting and fixing the length of the variable length shaft (50a) is fastened.), an inner shaft slidable within the hollow interior of the outer shaft (50b slides within shaft 50a), and a clamping mechanism (see at least Fig. 5, length adjusting means 30 and 30’) moveable between an unlocked position (see at least, Fig. 3, locked and unlocked positions) in which the inner shaft is able to slide within the outer shaft and a locked position in which the inner shaft is prevented from sliding within the outer shaft (see at least Fig. 6, length changed in which variable length shaft 50b can slide within variable length shaft 50a and variable length shaft 50a can slide within guide tube 11 using length adjusting means 30 and 30’);
moving the clamping mechanism from the locked position to the unlocked position (see at least Fig. 3B and 3A, respectively) by pivoting a pivot arm (31’) about a pivot pin (40’);
changing the length of the adjustable length putter (see at least it is possible to adjust the length of the shaft according to the physical condition to optimize the putting feeling according to the characteristics of the individual, by providing stability and confidence when putting It relates to a golf putter length adjusting device that can be putt comfortably.);
moving the clamping mechanism from the unlocked position to the locked position by pivoting the pivot arm in the opposite direction about the pivot axis (see at least Fig. 3A & 3B).;
and using the adjustable length putter to putt a golf ball by (intended use of putter):
positioning the putter head next to a golf ball (see at least a metal material to directly hit the golf ball It consists of a configured head 103.);
gripping the grip portion (where the player holds the club);
angling the shaft portion so that the pivot pin is aligned to a desired position relative to the putter head, and putting the golf ball (see at least Fig. 5, lined up with putter head).
Regarding claim 23, wherein the step of angling the shaft portion so that the pivot pin is aligned to a desired position relative to the putter head comprises aligning the pivot pin with the putter head (see at least Fig. 5, element 40 and 40’ are lighted up with putter head 12).
Regarding claim 24 wherein the step of angling the shaft portion so that the pivot pin is aligned to a desired position relative to the putter head comprises aligning the pivot pin so that it is in front of the putter head (intended use, the golfer can use the adjusting means 30 and 30’ as reference locations on the club for lining up a put).
Regarding claim 25, comprising providing a second clamping mechanism (see at least Fig. 5, 30 and 30’. Two length adjusting means), the second clamping mechanism comprising a second clamping mechanism pivot pin (Fig. 5, 40 and 40’).
Regarding claim 26, wherein the step of angling the shaft portion so that the pivot pin is aligned to a desired position relative to the putter head comprises aligning the pivot pin of the clamping mechanism with the second clamping mechanism pivot pin (see at least Fig. 5, hinge shafts 40 and 40’ are aligned with putter head 12).
Regarding claim 27, providing an adjustable length putter (see at least, Fig. 5) comprising a putter head (12) having a contact face adapted to contact a golf ball (a metal material to directly hit the golf ball. It consists of a configured head 103, Fig. 1);
a grip portion having a graspable surface adapted to be grasped by a golfer (see at least, Fig. 5, grip 10); and
a shaft portion (see at least Fig. 5, 50a, 50b and 11) connecting the grip portion (10) to the putter head (12), wherein the shaft portion has a length adjustment mechanism comprising an outer shaft having a hollow interior (see at least Fig. 5, 6, The guide tube 11 is installed in the hollow penetrating the inner side of the grip 10, the variable length shaft 50a penetrates through the inner circumference of the guide tube 11 and slides in an axial direction so as to be movable. It is provided, the length adjusting means 30 for adjusting and fixing the length of the variable length shaft (50a) is fastened.) and a window extending from an outer surface of the outer shaft to the hollow interior, an inner shaft slidable within the hollow interior of the outer shaft (see at least Fig. 3B, window in variable length shaft 50a which allows stopper 32 to make contact with variable length shaft 50b when control level 31’ is toggled), and a clamping mechanism attached to the outer shaft at the window, the clamping mechanism being moveable between an unlocked position in which the inner shaft is able to slide within the outer shaft and a locked position in which the inner shaft is prevented from sliding within the outer shaft (see at least Fig. 3A and 3B, locked vs unlocked where length adjusting means 30 is attached out outer shaft 50a and allows inner shaft 50b to slide within outer shaft when positions are unlocked and prevented when locked);
moving the clamping mechanism from the locked position to the unlocked position by pivoting a pivot arm (see at least Fig. 3, length control lever 31’) about a pivot axis (hinge pin 40’) to change the cross-sectional dimension of a passageway of the clamping mechanism and press against the inner shaft through the window (see at least Fig. 3B, window in variable length shaft 50a which allows stopper 32 to make contact with variable length shaft 50b when control level 31’ is toggled);
changing the length of the adjustable length putter (see at least it is possible to adjust the length of the shaft according to the physical condition to optimize the putting feeling according to the characteristics of the individual, by providing stability and confidence when putting It relates to a golf putter length adjusting device that can be putt comfortably.); and
moving the clamping mechanism from the unlocked position to the locked position by pivoting the pivot arm in the opposite direction about the pivot axis (see at least Fig. 3A & 3B)..
Regarding claim 28, wherein the clamping mechanism is attached to the outer shaft at the window by an attachment system that maintains its position on the outer shaft (see at least Fig. 3B).
Regarding claim 29, wherein the clamping mechanism is attached to the outer shaft at the window by an attachment system that maintains its position on the outer shaft in both the locked position and the unlocked position (see at least Fig. 4, length adjusting means 30 is fixed in place to shaft 50a [it is composed of the length adjusting means 30 is fixed to the outside of the variable length shaft (50a) to fix the shaft or adjust the length appropriately.] while length adjusting means 30’ is not expressly stated to be fixed or movable. It would be a matter of suggestion by the reference that as adjusting means 30 is fixed to shaft 50a that second adjusting means 30’ also be fixed as it requires the specific window location addressed in Fig 4).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited prior art generally refers to adjustable length golf clubs including associated methods and designs.
U.S. Publication 2014/0101031 A1 - A variable length shaft assembly comprising a shaft, a shaft adapter, a grip sleeve, an actuator screw, a grip, and a screw is disclosed herein. The grip is bonded to the grip sleeve, the shaft adapter is bonded to the shaft, and the shaft adapter comprises a keyed portion that mates with a keyed structure inside of the grip sleeve. The actuator screw comprises external threads that mate with internal threads inside the grip sleeve, and the location of the actuator screw within the grip sleeve can be adjusted with a wrench. Once the actuator screw is at a desired location within the grip sleeve, the shaft is semi-permanently fixed to the grip sleeve by releasable affixing the keyed structure of the shaft adapter to the actuator screw with the screw. The overall length of the assembly can be adjusted and fine-tuned using these structures.
U.S. Publication 20060270489 A1 - A golf putter length adjustment holder device (1) comprising a hollow extension tube that fits over a putter shaft (2). The tube may be telescoping, thereby permitting for quick length conversion of the golf putter. In the alternative, the tube may be of a pre-determined length. Because the golf putter length adjustment holder device (1) fits over a putter, a person need not physically alter an existing putter nor purchase a new adjustable putter to use the present invention.
U.S. Patent 5,282,619 - A practice golf club has a collapsible adjustable shaft. The golf club includes a club head, a handle, and a shaft. The shaft has a number of telescopic sections that permit the shaft to be adjustable between a fully extended position and a fully collapsed position. The club head is attached to the lowermost shaft section and the handle is attached to the uppermost shaft section. A locking nut and a compression ring permit adjacent sections of the telescopic section to be releasably locked in a fixed position relative to each other at any location between a fully extended position and a fully collapsed position.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DYLAN C WHITE whose telephone number is (571)272-1406. The examiner can normally be reached M-F 7:30-4:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Beth Boswell can be reached at (571)272-6737. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DYLAN C WHITE/Primary Examiner, Art Unit 3625 February 7, 2026