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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/23/2026 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 8-9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Gebert (20220347541) in view of Le (20160346627).
Regarding claim 8, Gebert (Figures 1-5) teaches a ball, comprising: a single-piece seamless hollow spherical shell (14) (Para. 0012), defining a plurality of uniformly spaced holes (42) in a seamless wall thereof (Para. 0012); wherein the seamless wall comprises a uniform wall thickness (See fig. 2).
It is noted that applicant’s specification (para. 0018) discloses: “the pickleball is uniformly round and weighted, having generally uniform wall thickness”. It is noted that Gebert teaches uniform wall thickness as claimed (See fig. 2). If there is any doubt with the teaching of uniform wall thickness by Gebert, the prior art of Le is also being used to teach uniform wall thickness.
Gebert does not teach an internal reinforcement structure disposed on an inner surface of the seamless wall of the single-piece seamless hollow spherical shell and extending from the inner surface toward a center of the single-piece seamless hollow spherical shell, the internal reinforcement structure configured to strengthen the seamless wall of the hollow spherical shell, wherein the internal reinforcement structure is a lattice- type pattern of interconnected ribs integrally formed on the inner surface of the seamless wall.
Le teaches an internal reinforcement structure (See fig. 3; Para. 0070, 0082, 0191) disposed on an inner surface of the seamless wall of the single-piece seamless hollow spherical shell (Para. 0140) and extending from the inner surface toward a center of the single-piece seamless hollow spherical shell (See Fig. 3b-3c) (Para. 0193-0194), the internal reinforcement structure configured to strengthen the seamless wall of the hollow spherical shell, wherein the internal reinforcement structure is a lattice- type pattern of interconnected ribs (See fig. 3b-3c) integrally formed (Para. 0105) on the inner surface of the seamless wall (Para. 00206) (See fig. 3b-3c); the ball having a seamless wall (Para. 0140); wherein the seamless wall comprises a uniform wall thickness (Para. 0140).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide Gebert with an internal reinforcement structure disposed on an inner surface of the seamless wall as taught by Le as a means of providing a game ball with an internal supporting structure in the form of connected walls or bars (Le: Para. 0140, 0193-0194).
Regarding claim 9, the modified Gebert (Figures 1-5) teaches a ball, comprising: a single-piece seamless hollow spherical shell (14) (Para. 0012), defining a plurality of uniformly spaced holes (42) in a wall thereof (Para. 0012).
The modified Gebert does not teach the internal reinforcement structure protrudes inward from the inner surface of the seamless wall of the single-piece seamless hollow spherical shell.
Le teaches the internal reinforcement structure (See fig. 3; Para. 0070, 0082, 0191) protrudes inward from the inner surface of the seamless wall of the single-piece seamless hollow spherical shell (Para. 0140, 0206) (See fig. 3b-3c).
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 Gebert with the internal reinforcement structure protrudes inward from the inner surface of the seamless wall as taught by Le as a means of providing a game ball with an internal supporting structure in the form of connected walls or bars (Le: Para. 0140, 0193-0194).
Regarding claim 11, the modified Gebert (Figures 1-5) teaches the single piece seamless hollow spherical shell has a smooth outer surface without any weld seams. (Para. 0012).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Gebert in view of Le, further in view of Chen (20170354850).
Regarding claim 10, the modified Gebert (Figures 1-5) teaches a ball, comprising: a single-piece seamless hollow spherical shell (14) (Para. 0012), defining a plurality of uniformly spaced holes (42) in a seamless wall thereof (Para. 0012).
The modified Gebert does not teach the internal reinforcement structure further comprises a plurality of rim ribs formed around an internal circumferential edge of each of the plurality of holes and extending inward from the inner surface of the wall of the of the spherical shell toward a center of the hollow spherical shell.
Chen (Figures 1-5) teaches the internal structure comprises a plurality of rim ribs (Fig. 1-4, Part No. 12, 13) (Para. 0018) formed around an internal circumferential edge of each of the plurality of holes (see fig. 1-5) and extending inward from the inner surface of the wall of the of the spherical shell toward a center of the hollow spherical shell (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 Gebert with the internal reinforcement structure is a plurality of rim ribs as taught by Chen as a means of providing an interior of a hollow ball with ribs to reinforce the structural strength of the ball to prevent the ball from being deformed or distorted due to hitting or treading (Chen: Para. 00018).
Response to Arguments
Applicant’s arguments with respect to claims 8-11 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
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/C.G./Examiner, Art Unit 3711
/JOSEPH B BALDORI/Primary Examiner, Art Unit 3711
