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
Response to Arguments
Applicant’s arguments, filed 6/3/2026, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Kent in view of Herkimer.
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) 1-7, 9, 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kent US 2369145 in view of Herkimer US 2099521.
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).
However, it does not teach that the band is elastically deformable such that the band is stretchable to fit over the paddle, retains the paddle bumper on the paddle and is removable from the paddle.
Herkimer teaches a baseball bat with a cover that is sponge rubber (same as Kent) and may be “stretched over the end” of the bat in order to retain the core of the bat (Fig. 3) and protect someone if they were to be struck by the bat (col. 2 ln. 1-19). 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 band as taught by Kent so as to be stretchable as taught by Herkimer in order to enclose the core of the paddle and protect someone if they were struck with the paddle.
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:
an elastomeric material (col 2 ln. 12-16)
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).
However, it does not teach that the elastomeric material is configured to stretch to allow the band to fit over the paddle and to be detached from the paddle.
See teaching of Herkimer in claim 1.
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 band as taught by Kent so as to be stretchable as taught by Herkimer in order to enclose the core of the paddle and protect someone if they were struck with the paddle.
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).
However, it does not teach that the elastomeric material is configured to stretch to allow the band to fit over the paddle and to be detached from the paddle.
See teaching of Herkimer in claim 1.
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 band as taught by Kent so as to be stretchable as taught by Herkimer in order to enclose the core of the paddle and protect someone if they were struck with the paddle.
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(s) 8 and 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kent US 2369145 in view of Herkimer US 2099521 and further 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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/BRIAN O PETERS/Primary Examiner, Art Unit 3745
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