DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Terminal Disclaimer
The terminal disclaimer filed on 1/22/26 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent 11857852 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
(e) the invention was described in (1) an application for patent, published under section 122(b), by another filed in the United States before the invention by the applicant for patent or (2) a patent granted on an application for patent by another filed in the United States before the invention by the applicant for patent, except that an international application filed under the treaty defined in section 351(a) shall have the effects for purposes of this subsection of an application filed in the United States only if the international application designated the United States and was published under Article 21(2) of such treaty in the English language.
Claims 21-24, 26, 41, 47, and 49-51 is/are rejected under pre-AIA 35 U.S.C. 102(a) as being anticipated by Beach et al. (USPN 7186190).
Regarding claim 21, Beach et al. discloses a wood-type club head having a body and rear weight. The body includes a face having a face plate, a sole, crown, and skirt. The face also has a geometric center having a head origin x, y, and z axes. The crown has a thickness of less than 0.9mm and has a fiber areal weight of 0.45 g/cm2 over more than 50% of the crown surface area. (See Summary of the invention). The head has a center of gravity whose location is relative to the head origin x, y, and z axes and defines a CGx, CGy, and CGz coordinates. The distance of CGy from the head origin is 15 to 50mm (See Column 21, lines 24 through 42). The rear weight is releasably attached to the body and have a mass of 1 to 100 g (See Summary of the Invention). The club head has a moment of inertia about the CGx and the CGz axes wherein the inertia about the CGz axis is 200 to 600 kg*mm2 (See Column 16, lines 57 through 64). Further, Beach et al. discloses the distance of the weight from the head origin being 40 to 100mm since the rear weight would be equivalent to the positions of a third and fourth weight (See Column 19, lines 24 through 39).
Regarding claim 22, Beach et al. discloses the CGz being less than 0mm, the CGy being 20 to 40mm, and the rear weight head origin x-axis being -30 to 28mm (See Column 18, lines 18 through 37). Beach et al. also discloses the Ixx inertia being 310 to 400 kg-mm2 (See Column 16, lines 5 through 12).
Regarding claim 23, see the above regarding claim 22.
Regarding claim 24, Beach et al. discloses the weight being a distance of 40 to 100mm (See Column 19, lines 1 through 39).
Regarding claim 26, Beach et al. discloses a first forward weight releasably attached to the body on a toe portion and a second forward weight releasably attached to the body on a heel portion (See Figures 13 and 14).
Regarding claim 41, Beach et al. discloses the face plate having a maximum and minimum thickness wherein the minimum thickness is between 1.8mm and 2.2mm (See Column 23, lines 43 through 52).
Regarding claim 47, see the above regarding claims 21 and 22. In addition Beach et al. discloses a forward weight having a mass of 2 to 18 grams (See Column 14, lines 4 through 11). Beach et al. also discloses the club head made of titanium, composite material, or a combination thereof (See Column 12, lines 1 through 8).
Regarding claim 49, Beach et al. discloses a first forward weight releasably attached to the body on a toe portion and a second forward weight releasably attached to the body on a heel portion (See Figures 13 and 14).
Regarding claim 50, see the above regarding claim 47. In addition, Beach et al. discloses the face plate having a maximum and minimum thickness wherein the minimum thickness is between 1.8mm and 2.2mm (See Column 23, lines 43 through 52).
Regarding claim 51, Beach et al. also discloses the club head made of aluminum, composite material, or a combination thereof (See Column 12, lines 1 through 8).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 25, 27-31, 34-36, 38, 40, 44-46, and 48 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Beach et al. (USPN 7186190).
Regarding claim 25, the applicant does not disclose why the rear weight having a head origin z-axis coordinate of -10 to -30mm is critical in order to attain the invention. The specification appears to place the weights in arbitrary locations in order to customize the center of gravity. Beach et al. disclose the locations of the weights doing the same. It would appear that the inventive concept is to have the weights adjustable and not to have the static weight position to achieve a new and unexpected result. In light of the above, one having ordinary skill in the art would find the location of the weight to be obvious routine optimization (See In re Aller, 220 F.2d 45, 456, 105 USPQ 233, 235).
Regarding claim 27, Beach et al. discloses a wood-type club head having a body and rear weight. The body includes a face having a face plate, a sole, crown, and skirt. The face also has a geometric center having a head origin x, y, and z axes. The crown has a thickness of less than 0.9mm and has a fiber areal weight of 0.45 g/cm2 over more than 50% of the crown surface area. (See Summary of the invention). The head has a center of gravity whose location is relative to the head origin x, y, and z axes and defines a CGx, CGy, and CGz coordinates. The distance of CGy from the head origin is 15 to 50mm (See Column 21, lines 24 through 42). The rear weight is releasably attached to the body and have a mass of 1 to 100 g (See Summary of the Invention). The club head has a moment of inertia about the CGx and the CGz axes wherein the inertia about the CGz axis is 200 to 600 kg*mm2 (See Column 16, lines 57 through 64). Further, Beach et al. discloses the distance of the weight from the head origin being 40 to 100mm since the rear weight would be equivalent to the positions of a third and fourth weight (See Column 19, lines 24 through 39). Beach et al. discloses the CGz being less than 0mm, the CGy being 20 to 40mm, and the rear weight head origin x-axis being -30 to 28mm (See Column 18, lines 18 through 37). Beach et al. also discloses the Ixx inertia being 310 to 400 kg-mm2 (See Column 16, lines 5 through 12). The applicant does not disclose why the rear weight having a head origin z-axis coordinate of -10 to -30mm is critical in order to attain the invention. The specification appears to place the weights in arbitrary locations in order to customize the center of gravity. Beach et al. disclose the locations of the weights doing the same. It would appear that the club head is merely just weight adjustable. In light of the above, one having ordinary skill in the art would find the location of the weight to be obvious routine optimization (See In re Aller, 220 F.2d 45, 456, 105 USPQ 233, 235).
Regarding claim 28, Beach et al. also discloses the club head made of titanium, aluminum, composite material, or a combination thereof (See Column 12, lines 1 through 8).
Regarding claim 29, see the above regarding claim 28.
Regarding claim 30, see the above regarding claim 28.
Regarding claim 31, see the above regarding claim 28. In addition, Beach et al. notes steel can be incorporated into the club head (See Column 12, lines 1 through 8).
Regarding claim 34, Beach et al. discloses a forward weight positioned heel-ward of the rear weight (See Figures 2 and 13).
Regarding claim 35, Fig. 5 of Beach et al. shows a rib attached to a forward weight portion and the body.
Regarding claim 36, The applicant does not disclose why the forward weight having a head origin z-axis coordinate of -20 to -10mm is critical in order to attain the invention. The specification appears to place the weights in arbitrary locations in order to customize the center of gravity. Beach et al. discloses the locations of the weights doing the same. It would appear that the club head is merely just weight adjustable. In light of the above, one having ordinary skill in the art would find the location of the weight to be obvious routine optimization (See In re Aller, 220 F.2d 45, 456, 105 USPQ 233, 235).
Regarding claim 38, Beach et al. discloses the face plate having a maximum and minimum thickness wherein the minimum thickness is between 1.8mm and 2.2mm (See Column 23, lines 43 through 52).
Regarding claim 40, Beach et al. discloses the maximum face thickness 3 to 6mm (See Column 23, lines 53 through 64).
Regarding claim 44, see the above regarding claim 27.
Regarding claim 45, see the above regarding claims 28 and 38.
Regarding claim 46, see the above regarding claim 28.
Regarding claim 48, see the above regarding claim 27.
Response to Arguments
Applicant’s arguments with respect to claim(s) s 21-31, 34-36, 38, 40, 41, and 44-51 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALVIN A HUNTER whose telephone number is (571)272-4411. The examiner can normally be reached on Monday through Friday from 7:30AM to 4:00PM Eastern Time.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eugene Kim, can be reached at telephone number 571-272-4463. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALVIN A HUNTER/Primary Examiner, Art Unit 3711
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