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 .
Information Disclosure Statement
The Examiner acknowledges the Applicants filing of IDS references on March 11, 2024. The
references have been considered at this time. A copy of the annotated IDS sheet is included in this
correspondence.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-8 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5, 6, 7, 8, and 10 of copending Application No. 18/581545 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because they are claiming the same invention.
Instant application: 18/597,429
Reference Application: 18/581545
A paddle racket with segmented cores, comprising a plate body, the plate body comprising: a core, the core defining at least two ball-striking response parts adjacent to each other, a segment gap being formed between any two of the at least two ball-striking response parts; a frame, the frame being disposed on a periphery of the core; and two surface layers, the two surface layers being spaced apart from each other and respectively assembled on the core and the frame, and the two surface layers corresponding to the at least two ball-striking response parts.
1. A pickleball paddle with a centralized core, comprising a plate body, the plate body comprising: a core, the plate body defining a first ball-striking response part and a second ball-striking response part adjacent to each other in corresponding to the core, the first ball-striking response part being located at a central part of the core, the first ball-striking response part and the second ball-striking response part respectively having a first response parameter and a second response parameter different from each other; a frame, the frame being disposed on a periphery of the core; and two surface layers, the two surface layers being spaced apart from each other and respectively assembled on the core and the frame, the two surface layers corresponding to the first ball-striking response part and the second ball-striking response part.
6. The pickleball paddle with the centralized core as claimed in claim 1, wherein the first ball-striking response part is further provided with a plurality of first components, the first components have the first response parameters, the first components are arranged with one another, the first components extend between corresponding frame edges of the frame, the first ball-striking response part further comprises at least two response blocks, a segment gap is further formed between any two of the at least two response blocks, the at least two response blocks are further provided with the first components, the segment gap is further provided with a filler, the filler has a coefficient of elasticity, and the filler is further a rubber band with the coefficient of elasticity.
The paddle racket with the segmented cores as claimed in claim 1, wherein the at least two ball-striking response parts are further provided with a plurality of components, the components have the first response parameters, the components are arranged with one another, the components extend between corresponding frame edges of the frame, and the two surface layers are assembled on the components of the core.
6. The pickleball paddle with the centralized core as claimed in claim 1, wherein the first ball-striking response part is further provided with a plurality of first components, the first components have the first response parameters, the first components are arranged with one another, the first components extend between corresponding frame edges of the frame, the first ball-striking response part further comprises at least two response blocks, a segment gap is further formed between any two of the at least two response blocks, the at least two response blocks are further provided with the first components, the segment gap is further provided with a filler, the filler has a coefficient of elasticity, and the filler is further a rubber band with the coefficient of elasticity.
1. A pickleball paddle with a centralized core, comprising a plate body, the plate body comprising: a core, the plate body defining a first ball-striking response part and a second ball-striking response part adjacent to each other in corresponding to the core, the first ball-striking response part being located at a central part of the core, the first ball-striking response part and the second ball-striking response part respectively having a first response parameter and a second response parameter different from each other; a frame, the frame being disposed on a periphery of the core; and two surface layers, the two surface layers being spaced apart from each other and respectively assembled on the core and the frame, the two surface layers corresponding to the first ball-striking response part and the second ball-striking response part.
The paddle racket with the segmented cores as claimed in claim 2, wherein the components are either arranged longitudinally with one another, or arranged transversely with one another, or arranged obliquely with one another, or arranged with one another in a combination of the above arrangements, a component gap is further provided between any two of the components, the components are made of either honeycomb structure or rib structure, the components are made of either carbon fiber material, hard plastic material or hard foam material.
7. The pickleball paddle with the centralized core as claimed in claim 6, wherein the first components are either arranged longitudinally with one another, or arranged transversely with one another, or arranged obliquely with one another, or arranged with one another in a combination of the above arrangements, the first components are made of either honeycomb structure or rib structure, the first components are made of either carbon fiber material, hard plastic material or hard foam material.
6. The pickleball paddle with the centralized core as claimed in claim 1, wherein the first ball-striking response part is further provided with a plurality of first components, the first components have the first response parameters, the first components are arranged with one another, the first components extend between corresponding frame edges of the frame, the first ball-striking response part further comprises at least two response blocks, a segment gap is further formed between any two of the at least two response blocks, the at least two response blocks are further provided with the first components, the segment gap is further provided with a filler, the filler has a coefficient of elasticity, and the filler is further a rubber band with the coefficient of elasticity.
The paddle racket with the segmented cores as claimed in claim 2, wherein the frame has a second response parameter, the components with the first response parameters and the frame with the second response parameter are made of different materials, the first response parameter and the second response parameter are stiffness.
The pickleball paddle with the centralized core as claimed in claim 1, wherein the first ball-striking response part with the first response parameter and the second ball-striking response part with the second response parameter are made of different materials, the first response parameter and the second response parameter are stiffness.
The paddle racket with the segmented cores as claimed in claim 1, wherein the frame is made of either polyethylene (PE) or ethylene-vinyl acetate (EVA) copolymer, and the two surface layers are made of either a carbon fiber or a glass fiber.
9. The pickleball paddle with the centralized core as claimed in claim 1, wherein the frame is made of either polyethylene (PE) or ethylene-vinyl acetate (EVA) copolymer, and the two surface layers are made of either a carbon fiber or a glass fiber.
The paddle racket with the segmented cores as claimed in claim 1, wherein further comprising a grip body, the grip body being formed by extending longitudinally or by connecting longitudinally from a bottom side of the frame of the plate body, the grip body being further assembled with a handle, and the handle being made of a synthetic rubber.
10. The pickleball paddle with the centralized core as claimed in claim 1, wherein further comprising a grip body, the grip body being formed by extending longitudinally or by connecting longitudinally from a bottom side of the frame of the plate body, the grip body being further assembled with a handle, and the handle being made of a synthetic rubber.
The paddle racket with the segmented cores as claimed in claim 1, wherein forming directions of any two of the segment gaps are selected from either intersecting or non-intersecting or a combination thereof.
The pickleball paddle with the centralized core as claimed in claim 1, wherein the first ball-striking response part is further provided with a plurality of first components, the first components have the first response parameters, the first components are arranged with one another, the first components extend between corresponding frame edges of the frame, the first ball-striking response part further comprises at least two response blocks, a segment gap is further formed between any two of the at least two response blocks, the at least two response blocks are further provided with the first components, the segment gap is further provided with a filler, the filler has a coefficient of elasticity, and the filler is further a rubber band with the coefficient of elasticity.
The paddle racket with the segmented cores as claimed in claim 1, wherein the segment gap is further provided with a filler, the filler has a coefficient of elasticity, and the filler is further a rubber band with the coefficient of elasticity.
6. The pickleball paddle with the centralized core as claimed in claim 1, wherein the first ball-striking response part is further provided with a plurality of first components, the first components have the first response parameters, the first components are arranged with one another, the first components extend between corresponding frame edges of the frame, the first ball-striking response part further comprises at least two response blocks, a segment gap is further formed between any two of the at least two response blocks, the at least two response blocks are further provided with the first components, the segment gap is further provided with a filler, the filler has a coefficient of elasticity, and the filler is further a rubber band with the coefficient of elasticity.
As shown in the mapping above, claim 1 of the reference application includes all the limitations of claim 1 of the instant application except a segment gap being formed between any two of the at least two ball-striking response parts. While this limitation isn’t disclosed in claim 1 of the reference application, it is recited in claim 6 of the reference application (lines 8-9).
Claim 6 of the reference application includes all the limitations of claim 2 of the instant application except the two surface layers are assembled on the components of the core. While this limitation isn’t disclosed in claim 2 of the reference application, it is recited in claim 1 of the reference application (lines 13-15).
Claim 7 of the reference application includes all the limitations of claim 3 of the instant application except a component gap is further provided between any two of the components. While this limitation isn’t disclosed in claim 7 of the reference application, it is recited in claim 6 of the reference (lines 8-11).
Claim 5 of the reference application recites the exact limitations of claim 4 of the instant application.
Claim 9 of the reference application recites the exact limitations of claim 5 of the instant application.
Claim 10 of the reference application recites the exact limitations of claim 6 of the instant application.
Claim 6 of the reference application includes almost all the limitations of claim 7 of the instant application, while also reciting further limitations. While claim 6 of the reference application doesn’t exactly disclose forming directions of any two of the segment gaps are selected from either intersecting or non-intersecting or a combination thereof, claim 7 of the reference application cites a segment gap. It is obvious to add another segment gap between the ball-striking response parts in order to achieve predictable results, as this is mere duplication of parts holding no patentable significance; see MPEP 2144.04 VI. B. It is also obvious to arrange the forming directions from either intersecting or non-intersecting or a combination thereof for these segment gaps, as this rearrangement of parts doesn’t modify the operation of the device; see MPEP 2144.04 VI. C.
Claim 6 of the reference application includes all the limitations of claim 8 of the instant application, while also reciting further limitations.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
1. Claim(s) 1-6, 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thurman et al. U.S.
Publication 2021/0252356 A1 (hereafter Thurman).
Regarding claim 1, Thurman teaches A paddle racket with segmented cores (2220, Fig 25A), comprising a plate body (At least portions of the handle, the inner layer, the first outer faceplate and the second outer faceplate are integrally formed as a single unitary body, see abstract), the plate body comprising: a core (see at least Fig. 25A, 2072-1; core area of paddle), the core defining at least two ball-striking response parts adjacent to each other (44,46), a segment gap being formed between any two of the at least two ball-striking response parts (142); a frame, the frame being disposed on a periphery of the core; and two surface layers (see at least Fig. 25A, [0145] 2072-2 tubular body sublayer around the core 2072-1), the two surface layers being spaced apart from each other and respectively assembled on the core and the frame (see at least [0145, Fig. 25B, faceplates 44 and 46 assembled around the core 2072-1 and the tubular body (e.g. frame) 2072-2), and the two surface layers corresponding to the at least two ball-striking response parts (see at least [0143] sublayers 2072 may be formed from material having the same color or may be formed from the same material different material having different colors. The differing colors, when in combination with a translucent faceplate 44, 46 may further assist in the user identifying the boundaries of the different sublayers 2070-2 to assist in determining how to position a paddle when striking a pickleball such that the ball is struck with a desired result in a given game circumstance.).
Regarding claim 2, Thurman teaches The paddle racket with the segmented cores as claimed in claim 1, wherein the at least two ball-striking response parts are further provided with a plurality of components (see at least Fig.25A/B [0139] sublayers 2072-1,2072-2 with cells), the components have the first response parameters (The multi levels of cells provide paddle 20 with enhanced stiffness and coefficient of restitution performance at a lower weight [0081]), the components are arranged with one another ([0180] sublayers 3270-1 3270-2 may also have different geometries), the components extend between corresponding frame edges of the frame (Sublayers 2072 (which is the combination of 2072-1,207202 and its cells) extend side-by-side within a single plane between faceplates 44 and 46, see Fig. 25A), and the two surface layers are assembled on the components of the core (see at least [0145, Fig. 25B, faceplates 44 and 46 assembled around the core 2072-1).
Regarding claim 3, Thurman teaches The paddle racket with the segmented cores as claimed in claim 2, wherein the components are either arranged longitudinally with one another, or arranged transversely with one another, or arranged obliquely with one another, or arranged with one another in a combination of the above arrangements, a component gap is further provided between any two of the components (crossbeams 2374-1,2,3, see Fig. 26). the components are made of either honeycomb structure or rib structure, the components are made of either carbon fiber material, hard plastic material or hard foam material: see at least Figs. 25A, 26 [0141] sublayers 2072 are each formed from a same material having a same chemical composition, with different geometries. In the example illustrated, sublayers 2072 are each formed from a same material having honeycomb cells, wherein sublayers 2072 have differing densities of honeycomb cells. In other implementations, sublayers 2072 are formed from a same material having a single nonorthogonal lattice geometry/architecture, wherein sublayers 2072 have different densities of the lattice, different densities of cells. In other implementations, sublayers 2072 may be formed with different densities of cells, one or more orthogonal lattices, and/or out of different materials. and [0145] FIG. 24C sublayer 2172-2 is a tubular body formed of fiber composite material, similar to a composite tennis racquet frame. In one implementation, the sublayer 2172-2 is one elongate tube of fiber composite material that is molded into the shape of the perimeter of the head portion 2140 and [0083] the inner layer 42 can be formed of a urethane foam, polypropylene, Nomex® polycarbonamide material, ethylene vinyl acetate (EVA), aluminum, balsa, corrugated cardboard, a rubber, polyethylene, polyvinyl chloride, a polyethylene vinyl acetate, other polymeric foams, other lightweight elastic foams, other types of wood, other metallic alloys, and combinations thereof. In some implementations, the cells of inner layer 42 may be filled or injected with a different material. For example, in one implementation, the cells of inner layer 42 may be injected with a foam material. In some implementations, selected portions of inner layer 42 may have their cells filled or injected with material, such as a foamed material or other selected portions of inner layer 42 have empty or unfilled cells. In one implementation, first selected portions may have cells filled with a first material, such as a first foamed material, second selected portions may have cells filled with a second material such as a second different foamed material and third portions having empty void cells. In such implementations, the selective filling of cells at selected locations may provide different stiffness levels and coefficient of restitution and different portions of the face of the paddle 20 to optimize performance and feel.).
Regarding claim 4, Thurman teaches The paddle racket with the segmented cores as claimed in claim 2, wherein the frame has a second response parameter, the components with the first response parameters and the frame with the second response parameter are made of different materials, the first response parameter and the second response parameter are stiffness (see at least [0115] By selectively filling certain cells/cavities 1250 with different materials, different portions of inner layer 1242 may provide the paddle with different stiffnesses, coefficients of restitution, feel, weight distribution and performance parameters customized to a player's skill level or preferences. In addition, by selectively filling certain cells/cavities 1250 with different materials and by using a plate 44 and/or 46 having translucent properties in at least selected regions, ball striking cues, designs and logos may be provided).
Regarding claim 5, Thurman teaches The paddle racket with the segmented cores as claimed in claim 1, wherein the frame is made of either polyethylene (PE) or ethylene-vinyl acetate (EVA) copolymer, and the two surface layers are made of either a carbon fiber or a glass fiber (see at least [0082] ach of the different multilevel cellular layers may be formed from a material such as polypropylene, polyurethane, polyester, thermoplastic polyurethane (TPU), polyamide, other rigid polymer or glass/carbon filled polymer composite.)..
Regarding claim 6, Thurman teaches The paddle racket with the segmented cores as claimed in claim 1, wherein further comprising a grip body, the grip body being formed by extending longitudinally or by connecting longitudinally from a bottom side of the frame of the plate body, the grip body being further assembled with a handle, and the handle being made of a synthetic rubber (see at least Fig. 26 or 36A, handle 30 [0206] As should be appreciated, handle 4230 may have a separately attached outer grip in the form of an outer wrap or sleeve of a gripping material such as leather, synthetic leather, rubber, synthetic rubber, an elastomeric material or other material.).
Regarding claim 8, Thurman teaches The paddle racket with the segmented cores as claimed in claim 1, wherein the segment gap is further provided with a filler, the filler has a coefficient of elasticity, and the filler is further a rubber band with the coefficient of elasticity.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
2. Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Thurman et al. U.S.
Publication 2021/0252356 A1 (hereafter Thurman).
Regarding claim 7, Thurman teaches The paddle racket with the segmented cores as claimed in claim 1, wherein forming directions of any two of the segment gaps (142) are selected from either intersecting or non-intersecting or a combination thereof. While Thurman doesn’t explicitly teach two segment gaps, it is obvious to add another segment gap between the ball-striking response parts in order to achieve predictable results, as this is mere duplication of parts holding no patentable significance; see MPEP 2144.04 VI. B. Additionally, it is also obvious to arrange the forming directions from either intersecting or non-intersecting or a combination thereof for these segment gaps, as this rearrangement of parts doesn’t modify the operation of the device; see MPEP 2144.04 VI. C.
Conclusion
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/RIA SHARMA/Examiner, Art Unit 3711
/NICHOLAS J. WEISS/Supervisory Patent Examiner, Art Unit 3711
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