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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “46” as set forth on pate 3, line 15 of the specification. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 6-8 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.
Regarding claim 6, “the bottom side”, “first angled side”, “the second angled side”, “the left side” and “the right side” lack a proper antecedent basis. For the purposes of applying the prior art, it is assumed that the claim depends from claim 3 which provides the proper basis.
Regarding claim 7, “the top side”, “the left side”, “the first angel side”, “the right side” and “the second angle side” lack a proper antecedent basis. For the purposes of applying the prior art, it is assumed that the claim depends from claim 3 which provides the proper basis.
Regarding claim 8, “the first angled side”, “the left side”, “the top side”, “the right side” and “the second angled side” lack a proper antecedent basis. For the purposes of applying the prior art, it is assumed that the claim depends from claim 3 which provides the proper basis.
Claim Rejections - 35 USC §§ 102 and 103
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.
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.
Claims 1-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication Number 2022/0088449 (Marshall).
Regarding claims 1 and 9-11, Figures 1 and 2 of Marshall show the recited paddle head 12 and handle 28 wherein the handle is four-sided and each side corresponds to the recited front, rear, left and right panels. The Marshall handle inherently has an upper end and lower end. The Marshall head also has a front face 14 and rear face 16.
Regarding claims 2 and 12, Marshall discloses wrapping the handle with a grip. See Marshall, end of paragraph [0029].
Regarding claims 3, 6 and 9, Figure 2 of Marshall shows that the front and rear faces have a left side 26, right side 24, top side 20, bottom side 22, and first and second lower angled sides.
Regarding claims 4 and 13, Figures 1, 3 and 4 of Marshall show the recited perimetrical lip 72 that connects the front and rear faces.
Regarding claims 5 and 13, Figures 1 and 2 of Marshall show the bottom side 22 attached to the upper end of handle 28.
Regarding claims 7, 8, 14 and 15, although Figures 1-3 of Marshall show top angled sides, Marshall also discloses an embodiment where they are rounded instead, thereby having the top sides connect to the right and left sides. See Marshall, paragraph [0028]. Figure 3 of Marshall shows the lip 72 starting and ending at the handle and traversing all around the sides of the paddle head.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Raleigh Chiu whose telephone number is (571) 272-4408. The examiner can normally be reached on Monday-Tuesday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eugene Kim, can be reached on (571) 272-4463.
The fax number for the organization where this application or proceeding is assigned is (571) 273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call (800) 786-9199 (IN USA OR CANADA) or (571) 272-1000.
It is noted that all practice before the Office is in writing (see 37 C.F.R. § 1.2) and the proper authority for action on any matter in this regard are the statutes (35 U.S.C.), regulations (37 C.F.R.) and the commentary on policy (MPEP). Therefore, no telephone discussion may be controlling or considered authority of Petitioner’s/Caller’s action(s).
/RALEIGH W CHIU/ Primary Examiner, Art Unit 3711