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 .
DETAILED ACTION
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) 1-7, 9, and 14-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kent US 2369145.
Regarding claim 1, Kent teaches a paddle bumper comprising:
a band (4) configured to extend around and at least partially encase at least a portion of a lateral edge of a paddle (Fig. 1), the band comprising:
a first portion (a left side);
a second portion (a right side); and
a handle portion (Fig. 1), the handle portion comprising: an aperture (Figs. 1 and 2); a first lateral side (left side); and a second lateral side (right side) opposite the first lateral side, wherein the first portion (left side) of the band connects to the first lateral side (left side) and the second portion (right side) of the band connects to the second lateral side (right side).
Regarding claim 2, Kent further discloses that the band is continuous from the first lateral side to the second lateral side (Fig. 1).
Regarding claim 3, Kent further discloses that the band further comprises at least one protrusion extending from an edge of the band to extend over a portion of at least one of a first surface or a second surface of the paddle (Fig. 3).
Regarding claim 4, Kent further discloses that the band further comprises a band aperture (to allow the handle to penetrate, Fig. 2) formed in the band.
Regarding claim 5, Kent further discloses that the band has a thickness that is uniform along the band (Fig. 2, note the uniform thickness in that side view).
Regarding claim 6, Kent further discloses that the band has a thickness that is non-uniform along the band (Fig. 3, note the recess to allow the frame 2 when moving from a front side to a rear side).
Regarding claim 7, Kent further discloses that the handle portion is integrated with the band (Fig. 1).
Regarding claim 9, Kent discloses a paddle bumper comprising:
a band (4) configured to extend around and at least partially encase at least a portion of a lateral edge of a paddle (Fig. 1), the band comprising:
a least one protrusion (Fig. 3, top side) extending from an edge of the band to extend over a portion of at least one of a first surface (top side) or a second surface of the paddle; and
a band aperture (Figs. 1 and 2) formed in the band to correspond to a location of a handle of the paddle and shaped to allow the handle to pass through the band (Fig. 2).
Regarding claim 14, Kent further discloses that the band has a geometry corresponding to a geometry of the paddle when separate from the paddle (Fig. 1).
Regarding claim 15, Kent further discloses that the band comprises at least one hole (to expose the net) formed in the band to be separate from the band aperture.
Regarding claim 16, Kent further discloses that the at least one hole (to expose the net) is shaped (circular) to receive a fastener (official notice is taken that fasteners like screws and bolts are circular).
Regarding claim 17, Kent further discloses that the at least one hole is configured to a target weight of the paddle with the paddle bumper (Fig. 1).
Regarding claim 18, Kent discloses a method of making a paddle bumper, the method comprising:
identifying a performance characteristic (shock absorption, or vibration) to be imparted to a paddle by a paddle bumper (col. 2 ln. 12-16);
selecting at least one material (sponge rubber) to be used in the paddle bumper to contribute the identified performance characteristic; and
forming the paddle bumper based on the at least one material and the identified performance characteristic (Fig. 1).
Regarding claim 19, Kent further discloses that the performance characteristic comprises at least one of: paddle weight; paddle protection; customization; adjustability; vibration reduction; or sound damping (col. 2 ln. 12-16).
Regarding claim 20, Kent further discloses that the at least one material comprises at least one of: thermoplastic polyurethane; silicone rubber; polyurethane; silicone; nitrile; vinyl; or neoprene (col. 2 ln. 12-16).
Claim Rejections - 35 USC § 103
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) 8 and 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kent US 2369145 in view of Bramhall US 20160184679.
Regarding claim 8, Kent does not teach that the handle portion is separate from the band. Bramhall teaches a paddle comprising a band (32) and a neck portion (36) as separate components (Fig. 5) in order to be easy to install ([0093]). Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify the unitary covering as taught by Kent by utilizing a separate handle portion as taught by Bramhall in order to make assembly easier.
Regarding claim 10, Kent further discloses a handle portion is shaped to receive and contact the handle of the paddle (Fig. 2). However, it does not teach that the handle portion is separate from the band. See claim 8 above.
Regarding claim 11, Kent does not teach that the handle portion comprises at least one boss extending inward to compress against the handle of the paddle when inserted into the handle portion. Bramhall teaches a paddle with a handle portion that has an inner surface (572) that may be sized and shaped to fit securely about the handle ([0089]). Thus, it would have been obvious to one of ordinary skill in the art to modify the inner surface of the handle portion as taught by Kent, by optimizing the inner surface’s size and shape as taught by Bramhall, in order to securely fit the handle.
Regarding claim 12, Kent further discloses that the handle portion has a material composition similar to a material composition of the band (col. 2 ln. 12-16).
Regarding claim 13, Kent does not teach that the handle portion has a material composition distinct from a material composition of the band. Bramhall teaches a paddle with a handle portion that can be formed of various materials ([0090]) in order to improve the surface, ergonomics, effective grip and increase control ([0088]). Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the material selection of the handle portion as taught by Kent by utilizing a different material as taught by Bramhall in order to optimize ergonomics, effective grip surface and increase control.
Conclusion
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/BRIAN O PETERS/Primary Examiner, Art Unit 3745