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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/11/2026 has been entered.
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.
Claims 1, 8-9, 15, 17-20, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Fedullo (5301955) in view of Thurman (20210252356) and Giegerich (20140221134).
Regarding claim 1, Fedullo (Figures 1-8) teaches a paddle comprising: a frame comprising a paddle portion (Fig. 6-7, Part No. 61) and a handle portion (Fig. 6-7, Part No. 54) extending from the paddle portion, wherein the paddle portion and the handle portion cooperate to define a first side, a second side, and a channel (Fig. 6, Part No. 60) (Col. 4, Lines 45-55) defined between the first side and the second side and extending about a perimeter of the frame; a spacer strip (Fig. 6-7, Part No. 64) (Col. 4, Lines 55-56) disposed in the channel and extending between a first end and a second end about the perimeter of the frame (See fig. 6-7); a light source (Fig. 6, part No. 56) (Col. 4, Lines 62-66) disposed in the handle portion (See fig. 6), the light source comprising one or more light emitting devices optically coupled to the spacer strip; and a power source (Fig. 6, Part No. 58) (Col. 4; Lines 51-52) disposed within the handle portion (See fig. 6), wherein the power source and is configured to control operation of the light source between at least an ON state and an OFF state(Col. 4; Lines 51-52), whereby in the ON state the spacer strip is configured to propagate light emitted from the light source along an unbroken length about the perimeter and diffuse the light emitted from the light source outwardly away from the perimeter (Col. 4, Lines 62-66), wherein the first and second ends of the spacer strip (64) are aligned with the light source (See fig. 6-7) such that the light emitted from the one or more light emitting devices is projected into a cross-section of at least one of the first and second ends (Col. 4, Lines 62-66).
Fedullo does not teach a light pipe disposed in the channel; electronics disposed within the handle portion; the electronics are configured to control operation of the light source between at least an ON state and an OFF state.
It is noted that the claim recitation of a light “pipe” is directed to the shape of the material located between the first and second sides of the claimed paddle. Fedullo teaches a “spacer strip” located between first and second sides of a paddle. merely changing the of the perimeter strip of Fedullo to provide the strip of Fedullo with a tubular/pipe shape would have been obvious to one of ordinary skill in the art as a matter of design choice (See: In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966), where the court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant)). As an alternative rejection, the prior art of Thurman is being used to teach the claimed “light pipe”.
Thurman (‘356) (Figures 24-26) teaches a light pipe (Fig. 24C, Part No. 2172-2; Para. 0145) disposed in the channel.
Thurman (‘356) (Figures 1-2) teaches providing a perimeter of a paddle with a strip/bumper (Fig. 1-2, Part No. 48) that is made from a translucent material (Para. 0087, 0089).
Giegerich (Figures 1-2) teaches a power source and electronics disposed within the handle portion (Para. 0036), wherein the power source and the electronics are configured to control operation of the light source between at least an ON state and an OFF state (Para. 0036).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide Fedullo with a light pipe disposed in the channel as taught by Thurman (Figures 24-26) as a means of providing a perimeter of a paddle with a tubular spacer strip (Thurman: Para. 0145) and also as a means of simple substitution of one known element (a spacer strip as taught by Fedullo) for another (a tubular spacer strip as taught by Thurman) to obtain predictable results (a spacer located in a channel between surfaces of a paddle) (See: KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007)), to provide Fedullo with a strip/bumper that is made from a translucent material as taught by Thurman (Fig. 1-2) as a means of providing a paddle with a strip/bumper made of a translucent material (Thurman: Para. 0087) and also as a means of selecting a known material (a translucent material as taught by Thurman) based on its suitability for its intended use (a perimeter strip of a paddle) (See: See: Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945); In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960)), and to provide Fedullo with a power source and electronics disposed within the handle portion as taught by Giegerich as a means of disposing electronics used to illuminate a paddle in a handle of the paddle (Giegerich: Col. 3, Lines 54-64).
Regarding claim 8, the modified Fedullo teaches a spacer strip (Fig. 6-7, Part No. 64) (Col. 4, Lines 55-56) disposed in the channel.
The modified Fedullo does not teach a width of the channel is smaller than a diameter of the light pipe such that an interference fit between the light pipe and the channel is formed when the light pipe is received by the channel.
Thurman (‘356) (Figures 24-26) teaches the light pipe (Fig. 24C, Part No. 2172-2) is received by the channel.
It is noted that the claim recitation of “a width of the channel is smaller than a diameter of the light pipe such that an interference fit between the light pipe and the channel is formed when the light pipe is received by the channel” is directed to the size of the claimed apparatus and also the method/process by which the apparatus is formed. Changing the size of the channel or light pipe would have been obvious to one or ordinary skill in the art because limitations relating to the size of the claimed apparatus is not sufficient to patentably distinguish over the prior art. (See: In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955)).
Additionally, the claim recitation of “a width of the channel is smaller than a diameter of the light pipe such that an interference fit between the light pipe and the channel is formed when the light pipe is received by the channel” is directed to product that is made by a process (a product-by-process claim). The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process (See: In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985)). In the instant case, the combination of Fedullo and Thurman under 35 USC 103 teaches the final product of a light pipe received in a channel.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Fedullo with a light pipe disposed in the channel as taught by Thurman (Figures 24-26) as a means of providing a perimeter of a paddle with a tubular spacer strip (Thurman: Para. 0145) and also as a means of simple substitution of one known element (a spacer strip as taught by Fedullo) for another (a tubular spacer strip as taught by Thurman) to obtain predictable results (a spacer located in a channel between surfaces of a paddle) (See: KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007)).
Regarding claim 9, the modified Fedullo teaches a power source (Fig. 6, Part No. 58) (Col. 4; Lines 51-52) disposed within the handle portion (See fig. 6).
The modified Fedullo does not teach the power source is a rechargeable battery.
Giegerich (Figures 1-2) teaches the power source is a rechargeable battery (Para. 0027).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Fedullo with the power source is a rechargeable battery as taught by Giegerich as a means of using a rechargeable battery to provide an electrical current to lights of a sport implement (Giegerich: Para. 0033-0034).
Regarding claim 15, the modified Fedullo teaches a paddle comprising: a frame comprising a paddle portion (Fig. 6-7, Part No. 61) and a handle portion (Fig. 6-7, Part No. 54).
The modified Fedullo does not teach the paddle portion corresponds to a pickleball paddle.
Thurman (‘356) (Figures 24-26) teaches the paddle portion corresponds to a pickleball paddle (Para. 0145).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Fedullo with the paddle portion corresponds to a pickleball paddle as taught by Thurman (‘356) as a means of using a ball striking paddle for a pickleball game (Thurman (‘356): Para. 0145).
Regarding claim 17, the modified Fedullo teaches a paddle portion (Fig. 6-7, Part No. 61) and a handle portion (Fig. 6-7, Part No. 54).
The modified Fedullo does not teach the paddle portion includes a plurality of internal strength members that define a plurality of cavities.
Thurman (‘356) (Figures 24-26) teaches the paddle portion includes a plurality of internal strength members (Fig. 26, Part No. 2374) (Para. 0150) that define a plurality of cavities.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Fedullo with the paddle portion includes a plurality of internal strength members as taught by Thurman (‘356) as a means of proving a ball striking paddle with crossbeams that provide enhanced stiffness for customized ball striking performance (Thurman (‘356): Para. 0150).
Regarding claim 18, the modified Fedullo teaches a paddle portion (Fig. 6-7, Part No. 61) and a handle portion (Fig. 6-7, Part No. 54).
The modified Fedullo does not teach the plurality of internal strength members comprises a central strength member extending from the handle portion through the paddle portion and a plurality of branching strength members extending from the central strength member outward toward the perimeter of the frame.
Thurman (‘356) (Figures 24-26) teaches the plurality of internal strength members comprises a central strength member (Fig. 26, Part No. 2374-1) extending from the handle portion through the paddle portion and a plurality of branching strength members (2374-2, 2374-3) extending from the central strength member outward toward the perimeter of the frame (Para. 0150).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Fedullo with a plurality of internal strength members as taught by Thurman (‘356) as a means of proving a ball striking paddle with crossbeams that provide enhanced stiffness for customized ball striking performance (Thurman (‘356): Para. 0150).
Regarding claim 19, the modified Fedullo teaches a paddle portion (Fig. 6-7, Part No. 61) and a handle portion (Fig. 6-7, Part No. 54).
The modified Fedullo does not teach the plurality of branching strength members form a non-perpendicular angle with the central strength member.
Thurman (‘356) (Figures 24-26) teaches the plurality of branching strength members (2374-2, 2374-3) form a non-perpendicular angle with the central strength member (2374-1) (Para. 0150)..
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Fedullo with the plurality of branching strength members form a non-perpendicular angle with the central strength member as taught by Thurman (‘356) as a means of proving a ball striking paddle with crossbeams that provide enhanced stiffness for customized ball striking performance (Thurman (‘356): Para. 0150).
Regarding claim 20, the modified Fedullo teaches a paddle portion (Fig. 6-7, Part No. 61) and a handle portion (Fig. 6-7, Part No. 54).
The modified Fedullo does not teach the plurality of branching strength members extend from the central strength member in a direction away from the handle portion.
Thurman (‘356) (Figures 24-26) teaches the plurality of branching strength members (2374-2, 2374-3) extend from the central strength member (2374-1) (Para. 0150) in a direction away from the handle portion..
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Fedullo with the plurality of branching strength members extend from the central strength member in a direction away from the handle portion as taught by as taught by Thurman (‘356) as a means of proving a ball striking paddle with crossbeams that provide enhanced stiffness for customized ball striking performance (Thurman (‘356): Para. 0150).
Regarding claim 25, the modified Fedullo teaches the frame includes a first shell (Fig. 6, part No. 61) and a second shell (63) securable together to form the channel (60) therebetween (See fig. 6).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Fedullo in view of Thurman and Giegerich, further in view of Oister (20040220001).
Regarding claim 3, the modified Fedullo teaches a spacer strip (Fig. 6-7, Part No. 64) (Col. 4, Lines 55-56) disposed in the channel.
The modified Fedullo does not teach the light pipe includes a diffusion cover configured to encapsulate the light source.
Oister (Figures 2-6 and ) teaches the light pipe (Fig. 6, Part No. 16A) includes a diffusion cover (See Fig. 1; Para. 0012) (Fig. 5-6, Part No. 12A and 13A; Para. 0018) configured to encapsulate the light source (Fig. 2-4, Part No. 7; Para. 0018).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Fedullo with the light pipe includes a diffusion cover as taught by Oister as a means of providing a channel of a sporting device with a lighting element that is covered by a transparent material (Oister: Para. 0013, 0026-0027).
Claim 10 is are rejected under 35 U.S.C. 103 as being unpatentable over Fedullo in view of Thurman and Giegerich, further in view of Schuyler (4379554).
Regarding claim 10, the modified Fedullo teaches a power source (Fig. 6, Part No. 58) (Col. 4; Lines 51-52) disposed within the handle portion (See fig. 6).
The modified Fedullo does not teach the handle portion further comprises two grips, the two grips securable to the opposing sides of the handle portion.
Schuyler (Figures 1-4) teaches the handle portion (Fig. 3, Part No. 30) further comprises two grips (Fig. 3, Part No. 32, 34) (Col. 2, Lines 42-48), the two grips securable to the opposing sides of the handle portion (See fig. 3) and configured to enclose a cavity of the handle portion.
It is noted that the combination of Fedullo and Schuyler is fully capable of performing the claim recitation of “configured to enclose the power source disposed within a cavity of the handle portion” as the recited limitation does not structurally distinguish the claimed apparatus from the prior art.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Fedullo with the handle portion further comprises two grips as taught by Schuyler as a means of forming a paddle with an extension that forms a sandwich type handle (Schuyler: Col. 2, Lines 42-48).
Claims 11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Fedullo in view of Thurman and Giegerich, further in view of Steinberg (4834376).
Regarding claim 11, the modified Fedullo teaches a power source (Fig. 6, Part No. 58) (Col. 4; Lines 51-52) disposed within the handle portion (See fig. 6).
The modified Fedullo does not teach the electronics comprise a printed circuit board comprising a button and electronic components electrically coupled to the power source and configured to control operation of the light source in response to activation of the button.
Steinberg (Figures 1-6) teaches the electronics comprise a printed circuit board (Fig. 3, Part No. 92, 94) comprising a button (37) and electronic components electrically coupled to the power source and configured to control operation of the light source in response to activation of the button (Col. 3, Lines 22-31; Col. 5, Lines 22-27).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Fedullo with the electronics comprise a printed circuit board comprising a button as taught by Steinberg as a means of providing a sport implement with means to activate a light source used with the sport implement (Steinberg: Col. 3, Lines 22-31; Col. 5, Lines 22-27).
Regarding claim 13, the modified Fedullo teaches a power source (Fig. 6, Part No. 58) (Col. 4; Lines 51-52) disposed within the handle portion (See fig. 6).
The modified Fedullo does not teach the handle portion includes a housing having an opening and a button cover positioned within the opening, whereby the button cover enables activation of the button disposed on the printed circuit board.
Steinberg (Figures 1-6) teaches he handle portion includes a housing having an opening (Fig. 3, Part No. 38) (Col. 3, Lines 17-19) and a button cover (36) positioned within the opening, whereby the button cover enables activation of the button (37) disposed on the printed circuit board (92, 94) (Col. 5, Lines 16-21).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Fedullo with the button cover enables activation of the button as taught by Steinberg as a means of providing a sport implement with means to activate a light source used with the sport implement (Steinberg: Col. 3, Lines 22-31; Col. 5, Lines 22-27).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Fedullo in view of Thurman, Giegerich, and Steinberg, further in view of Polstein (20160158619).
Regarding claim 12, the modified Fedullo teaches a power source (Fig. 6, Part No. 58) (Col. 4; Lines 51-52) disposed within the handle portion (See fig. 6).
The modified Fedullo does not teach the printed circuit board further comprises a charger port electrically coupled to the power source to charge the power source when power is connected to the charger port.
Polstein (Figures 1-12) teaches the printed circuit board (Fig. 6, Part No. 56) (Para. 0028) further comprises a charger port (Fig. 3-6, Part No. 50) electrically coupled to the power source to charge the power source when power is connected to the charger port (Para. 0038-0039).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Fedullo with a charger port electrically coupled to the power source as taught by Polstein as a means of providing a sports implement with a port for connection of a battery charger assembly for charging a battery (Polstein: 0028, 0038).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over in Fedullo in view of Thurman (‘356), Giegerich, and Steinberg, further in view of Thurman (20150045153).
Regarding claim 14, the modified Fedullo teaches a power source (Fig. 6, Part No. 58) (Col. 4; Lines 51-52) disposed within the handle portion (See fig. 6).
The modified Fedullo does not teach activation of the button controls operation of the light source in a plurality of modes comprising: activating the light source to cycle through a plurality of colors, causing the light source to hold the cycling through the plurality of colors on a selected color, and deactivating the light source.
Steinberg (Figures 1-6) teaches activation of the button (37) controls operation of the light source (42-45) in a plurality of modes (Col. 3, Lines 22-31) comprising: deactivating the light source.
Thurman (‘153) teaches activating a plurality of modes comprising: activating the light source to cycle through a plurality of colors (Para. 0037), causing the light source to hold the cycling through the plurality of colors on a selected color (Para. 0037).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Fedullo with activation of the button controls operation of the light source in a plurality of modes as taught by Steinberg as a means of providing a sport implement with means to activate a light source based on a strength of impact of an object with sport implement (Steinberg: Col. 3, Lines 22-31; Col. 5, Lines 22-27), and to provide the modified Fedullo with activating the light source to cycle through a plurality of colors as taught by Thurman (‘153) as a means of providing a color changing light indicator to a user of a sport implement based on a hit count associated with the sport implement (Thurman (‘153): Para. 0037).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over in Fedullo in view of Thurman (‘356) and Giegerich, further in view of Gibbs (6168541).
Regarding claim 16, the modified Fedullo teaches a paddle comprising: a frame comprising a paddle portion (Fig. 6-7, Part No. 61) and a handle portion (Fig. 6-7, Part No. 54).
The modified Fedullo does not teach the paddle portion corresponds to a ping pong paddle.
Gibbs (Figures 1-3) teaches the paddle portion corresponds to a ping pong paddle (Col. 3, Lines 21-23 and Lines 29-32).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Fedullo with the paddle portion corresponds to a ping pong paddle as taught by Gibbs as a means of simple substitution of one known element (a ball striking paddle used to play a sports game) for another (a ball striking paddle used to play ping pong) to obtain predictable results (a paddle used to play a sports game) (See: KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007)) (Gibbs: Col. 3, Lines 21-23 and Lines 29-32).
Claims 26-27 are rejected under 35 U.S.C. 103 as being unpatentable over Fedullo in view of Thurman and Giegerich, further in view of Steinberg (4834376).
Regarding claim 26, the modified Fedullo teaches an electronics housing coupled to an end face of the handle portion opposite the paddle portion (See fig. 6).
It is noted that Fedullo teaches a housing that is fully capable of being used as an “electronics housing” as the claimed electronics housing is merely a portion of the handle of the paddle. As an alternative rejection, the prior art of Steinberg is being used to teach an “electronics housing”.
The modified Fedullo does not teach wherein the first and second ends of the light pipe extend into the housing.
Steinberg (Figures 1-6) teaches an electronics housing (See fig. 3) coupled to an end face of the handle portion (Col. 3, Lines 22-31; Col. 5, Lines 22-27).
Lessack (Figures 1-4) teaches the first and second ends of the light source (Fig. 4a, Part No. 458) extend into the housing to electrically couple the light source to electronics housing (See Fig. 6) (Col. 4, Lines 42-55).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Fedullo with an electronics housing coupled to an end face of the handle portion as taught by Steinberg as a means of as a means of providing a handle of a sport implement with electronics to activate a light source used with the sport implement (Steinberg: Col. 3, Lines 22-31; Col. 5, Lines 22-27), and to provide the modified Fedullo with the light source extends into the housing as taught by Lessak as a means of electrically connecting a light source to a housing of a handle of a game paddle (Lessak: 42-55).
Regarding claim 27, the modified Fedullo teaches the light source (56) is received within the electronics housing (See fig. 6).
The modified Fedullo does not teach the housing providing one or more alignment features configured to retain the first and second ends of the light pipe to thereby align the light pipe with the one or more light emitting devices.
Thurman (Figures 24C-24D) teaches the housing providing one or more alignment features (See fig. 24D) configured to retain the first and second ends of the light pipe (Para. 0145).
It is noted that the combination of the prior art of Fedullo and Thurman teaches the claim recitation of “to thereby align the light pipe with the one or more light emitting devices”.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Fedullo with the housing providing one or more alignment features configured to retain the first and second ends of the light pipe as taught by Thurman as a means of providing a paddle with a tubular strip having two ends position within a handle of the paddle (Thurman: Para. 0145).
Claims 21 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over in Thurman (‘356) in view of Lessak (7775910), Giegerich, and Steinberg (4834376).
Regarding claim 21, Thurman (‘356) (Figures 1-2) teaches a paddle comprising: a frame including an opaque paddle portion (Fig. 1-2, part No. 44, 46) (Para. 0084) and a handle portion (30) extending from the paddle portion, wherein the paddle portion and the handle portion define a first side, a second side, and a channel (See fig. 2) defined between the first side and the second side and extending about a perimeter of the frame (See fig. 2).
Thurman does not teach a light source disposed in the channel and extending between a first end and a second end about the perimeter of the frame to provide edge lighting about the perimeter; the light source including at least one light emitting diode; a power source and electronics disposed within the handle portion, wherein the power source and the electronics are configured to control operation of the light source between at least an ON state and an OFF state, whereby in the ON state the light source is configured to propagate light emitted from the at least one light emitting diode along an unbroken length about the perimeter and diffuse the light emitted from the at least one light emitting diode outwardly away from the perimeter of the frame; and an electronics housing coupled to an end of the handle portion opposite the paddle portion, wherein the housing is sized to receive a printed circuit board of the electronics, and wherein the first and second ends of the light source extend into the housing to electrically couple the at least one light emitting diode to the printed circuit board.
Lessack (Figures 1-4) teaches a light source (Fig. 4a-4b, Part No. 458) (Col. 4, Lines 42-55) disposed in the channel and extending between a first end and a second end about the perimeter of the frame to provide edge lighting about the perimeter; a power source (Col. 4, Lines 42-55) disposed within the handle portion, wherein the power source is configured to control operation of the light source between at least an ON state and an OFF state, whereby in the ON state the light source is configured to propagate light along an unbroken length about the perimeter and diffuse the light emitted from the at least one light emitting diode outwardly away from the perimeter of the frame (Col. 4, Lines 42-55); an electronics housing (459); and wherein the first and second ends of the light source (Fig. 4a, Part No. 458) extend into the housing to electrically couple the light source to the electronics housing (See Fig. 6) (Col. 4, Lines 42-55).
Giegerich (Figures 1-2) teaches the light source including at least one light emitting diode (Para. 0032); a power source and electronics disposed within the handle portion (Para. 0036); wherein the power source and the electronics are configured to control operation of the light source between at least an ON state and an OFF state (Para. 0026).
Steinberg (Figures 1-6) teaches an electronics housing coupled to an end of the handle portion opposite the paddle portion, wherein the housing is sized to receive a printed circuit board (Fig. 3, Part No. 92, 94) of the electronics.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide Thurman (‘356) with a light source disposed in the channel as taught by Lessak as a means of providing as a means of providing a channel of a paddle with a light source to aid in night or low light play/use (Lessak: Col. 4, Lines 37-38 and 42-55), to provide Thurman (‘356) with a power source and electronics disposed within the handle portion as taught by Giegerich as a means of disposing electronics used to illuminate a paddle in a handle of the paddle (Giegerich: Para. 0026, 0036), and to provide Thurman (‘356) with an electronics housing coupled to an end of the handle portion opposite the paddle portion as taught by Steinberg as a means of providing a handle of a sport implement with electronics to activate a light source used with the sport implement (Steinberg: Col. 3, Lines 22-31; Col. 5, Lines 22-27).
Regarding claim 24, the modified Thurman (‘356) (Figures 1-2) teaches a paddle comprising: a frame including an opaque paddle portion (Fig. 1-2, part No. 44, 46) (Para. 0084).
The modified Fedullo does not teach the light source is an optical fiber LED.
Giegerich (Figures 1-2) teaches the light source is an optical fiber LED (Para. 0020, 0036).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Thurman (‘256) with the light source is an optical fiber LED as taught by Giegerich as a means of providing a game paddle with a light source comprising fiber optic strands/fibers (Giegerich: Para. 0020, 0036).
Response to Arguments
Applicant's arguments filed 09/11/2026 have been fully considered but they are not persuasive.
Applicant argues that the prior art of record does not teach the recitation in claim 1 of “a light pipe disposed in the channel and extending between a first end and a second end about the perimeter of the frame” and “a light source disposed in the handle portion, the light source comprising one or more light emitting devices optically coupled to the light pipe… wherein the first and second ends of the light pipe are aligned with the light source such that the light emitted from the one or more light emitting devices is projected into across-section of at least one of the first and second ends”. This is not found persuasive because the prior art of Fedullo teaches a spacer strip (Fig. 6-7, Part No. 64) (Col. 4, Lines 55-56) disposed in the channel and extending between a first end and a second end about the perimeter of the frame (See fig. 6-7); a light source (Fig. 6, part No. 56) (Col. 4, Lines 62-66) disposed in the handle portion (See fig. 6); wherein the first and second ends of the spacer strip (64) are aligned with the light source (See fig. 6-7) such that the light emitted from the one or more light emitting devices is projected into a cross-section of at least one of the first and second ends (Col. 4, Lines 62-66). It is noted that the claim recitation of a light “pipe” is directed to the shape of the material located between the first and second sides of the claimed paddle. Fedullo teaches a “spacer strip” located between first and second sides of a paddle. merely changing the of the perimeter strip of Fedullo to provide the strip of Fedullo with a tubular/pipe shape would have been obvious to one of ordinary skill in the art as a matter of design choice (See: In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966), where the court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant)). As an alternative rejection, the prior art of Thurman is being used to teach the claimed “light pipe”. Thurman (‘356) (Figures 24-26) teaches a light pipe (Fig. 24C, Part No. 2172-2; Para. 0145) disposed in the channel. Thurman (‘356) (Figures 1-2) teaches providing a perimeter of a paddle with a strip/bumper (Fig. 1-2, Part No. 48) that is made from a translucent material (Para. 0087, 0089).
It is noted that the claim recitation of “the first and second ends of the light pipe are aligned with the light source” does not structurally distinguish the claimed apparatus from the combination of prior art. Claims are interpreted using a broadest reasonable interpretation (BRI). Under BRI, the term “aligned” is being interpreted to mean “to bring into line; a forming in line”.
Applicant argues that the prior art of record does not teach the recitation in claim 21 of “the first and second ends of the light source extend into the housing to electrically couple the at least one light emitting diode to the printed circuit board”. This is not found persuasive because the prior art of Lessak teaches the first and second ends of the light source (Fig. 4a, Part No. 458) extend into the housing to electrically couple the light source to the electronics housing (See Fig. 6) (Col. 4, Lines 42-55). Steinberg (Figures 1-6) teaches the housing is sized to receive a printed circuit board (Fig. 3, Part No. 94) of the electronics. It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide Thurman (‘356) with a light source disposed in the channel as taught by Lessak as a means of providing as a means of providing a channel of a paddle with a light source to aid in night or low light play/use (Lessak: Col. 4, Lines 37-38 and 42-55), and to provide Thurman (‘356) with an electronics housing coupled to an end of the handle portion opposite the paddle portion as taught by Steinberg as a means of providing a handle of a sport implement with electronics to activate a light source used with the sport implement (Steinberg: Col. 3, Lines 22-31; Col. 5, Lines 22-27). It is noted that Lessak teaches a light source having ends that “”extend into the housing”. Steinberg teaches providing a housing with a printed circuit board, where the printed circuit board is coupled to a light source (Steinberg: Col. 5, Lines 22-27).
Conclusion
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/C.G./Examiner, Art Unit 3711
/JOSEPH B BALDORI/Primary Examiner, Art Unit 3711
