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 .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 12, 13, 15, and 16 have been canceled.
Claims 1-11, 14, and 17 have been examined.
Response to Arguments
Applicant's arguments filed 5/11/2026 have been fully considered but they are not persuasive.
Applicant argues:
Applicant submits that none of the cited prior art references taken alone or in combination describe, teach, or suggest "a sports grip comprising...at least two lobes extending in opposite transverse directions..."… as shown in Figure 2 of Kim, elements 23 and 24 extend downward in parallel rather than projecting laterally away from each other. In contrast, as illustrated in Figures 1-3 of the present application, the lobes of the claimed invention (106a, 106b) are expressly configured to extend outward in opposite transverse direction
Examiner respectfully disagrees and points to the annotated figure below (from Figure 6 of Kim) which shows the lobes extending transversely in opposite directions from the flap as is required by the instant claim language.
[AltContent: rect][AltContent: textbox (Lobe extending in transverse direction from flap)][AltContent: textbox (Lobe extending in transverse direction from flap)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Flap)][AltContent: ]
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Applicant further argues:
Applicant submits that none of the cited prior art references taken alone or in combination describe, teach, or suggest "a sports grip comprising... an elevated portion comprising an opening for receiving a player's finger, the elevated portion providing a raised engagement surface extending from the main body"…as seen in Figure 4 of Kim, the disclosed thumb-contact end forms part of the thumb ring and does not provide any raised surface that extends away from a main body of the batting pad. There is no component in Kim's batting pad that can be likened to a raised surface that engages either the user's hand or a bat.
Examiner respectfully disagrees and notes that Figures 2-3 of Kim clearly show the elevated portion (10/12/21) which extends from flap (22) and has a raised surface (21) which extends away from flap and also has an opening (11) for accommodating a user’s finger as is required by the instant claim language.
Claim Rejections - 35 USC § 102
Claims 1-3, 5-9, 11, and 14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kim (US Patent Application Publication 2024/0130450).
1. Kim discloses a sports grip, comprising:
a main body (Fig 2) comprising:
a flap (22) extending in a longitudinal direction,
at least two lobes (23,24) extending in opposite transverse directions, and
an elevated portion (10,12,21) comprising an opening (11) for receiving a player's finger, the elevated portion providing a raised engagement surface extending from the main body (Fig 3).
2. Kim discloses the sports grip of claim 1, wherein the elevated portion is a step portion (Fig 2).
3. Kim discloses the sports grip of claim 1, wherein the elevated portion is a convex portion (Fig 4).
5. Kim discloses the sports grip of claim 1, wherein the main body has uniform thickness (Par. 0008: “the feeling of grip is evenly conveyed by being configured with a predetermined, constant thickness”).
6. Kim discloses the sports grip of claim 1, wherein a first thickness of the main body at the flap is less than a second thickness of the main body at the elevated portion (Figs 4 and 6).
7. Kim discloses the sports grip of claim 1, wherein the main body is made from a resiliently deformable material ({ar. 002: “shock-absorbing material”).
8. Kim discloses the sports grip of claim 7, wherein the resiliently deformable material is selected to absorb vibration (Par. 008: “shock absorption”).
9. Kim discloses the sports grip of claim 8, wherein the resiliently deformable material is selected to increase friction between the player's hand and a bat (Par. 008: “feeling of grip”).
11. Kim discloses the sports grip of claim 1, wherein the opening is sized to receive a player's thumb finger (Fig 3).
14. Kim discloses the sports grip of claim 1, wherein the opening is sized to receive a player's index finger (Fig 3).
Claim Rejections - 35 USC § 103
Claims 4, 10, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of First (US Patent Application Publication 2020/0352261).
4. Kim discloses the sports grip significantly as claimed, but does not disclose wherein the convex portion is elliptical.
First discloses a similar protective batting aid to be worn on a user’s finger, wherein the batting aid has a resiliently deformable body defining an elliptical hole therein (Fig 2C) which is sized and shaped to conform to a user’s thumb when gripping a bat. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the convex portion of Kim to have the hole be elliptical as taught by First in order to more properly and comfortably accommodate a user’s thumb while in a gripping position.
10 and 17. Kim discloses the sports grip significantly as claimed, but does not disclose wherein the resiliently deformable material is one of silicone, synthetic rubber, natural rubber, and thermoplastic elastomer.
First discloses a similar protective batting aid to be worn on a user’s finger, wherein the batting aid has a resiliently deformable body made of material selected from a group including: injectable rubber, Sorbothane®, silicone rubber, and silicone (Par. 0016) which provides enhanced friction where the resiliently deformable flap and handle of the bat make contact while the handle of the bat is held (Par. 0018). Soft silicone suitable for cushioning is known to have a durometer hardness of approximately 10A-30A. Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the resiliently deformable material of the grip of Kim to specifically be made of silicone having 20 durometer hardness as taught by First to enhance the frictional properties of the batting aid.
Conclusion
THIS ACTION IS MADE FINAL. 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 JOSHUA T KENNEDY whose telephone number is (571)272-8297. The examiner can normally be reached M-F 7a-4:30p MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn Jimenez can be reached at (571) 272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSHUA T KENNEDY/Primary Examiner, Art Unit 3784 6/1/2026
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