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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 9 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 9, It is unclear if the second material in claim 9 is different from the second material of claim 1. Further if the second material is the same as that of claim 1, how can the density being the same when claim 1 note that the densities are different? Because of such, claim 9 is considered indefinite. For examination purposes, claim 9 will be interpreted as having the same second material as claim 1.
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) 1-4, 8, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Foster et al. (USPN 9878223) in view of Stites et al. (USPN 9072949).
Regarding claim 1, Foster et al. discloses a club head having a body, including a striking face and sole. A recessed channel 20 is located in the sole wherein a separate recessed channel 30 is placed within. A weight assembly having a weight 40 is placed within the separate recessed channel. Foster et al. notes that the body is made of cast titanium (See Paragraph bridging columns 4 and 5). Figure 10A also demonstrates a second recessed channel receiving a weight wherein the second recessed channel is attached to the sole. Foster et al. does not disclose if the recessed channel has a first and second densities. Stites et al. discloses a club head having a recessed channel 334 having a first depth that receives a second recess channel insert 342 made of a different material wherein the second recess insert receives a weight 346 as shown in Figure 3A. The depth of the second recess channel is different from the first recessed channel. Stites et al. also discloses that the second recessed insert can be made of a metal alloy or polymeric material (See Column 12, lines 40 through 67) and the club head being made of metal or polymeric material (See Column 4, lines 6 through 38). This implies that the density of the second recessed channel can be greater, less, or the same as the material of the club head in which the first recessed channel would be made of. One having ordinary skill in the art would have found it obvious to have the density of the second recessed channel of any value, as taught by Stites et al., so long as the weight of the club head can be adjusted.
Regarding claim 2, in one embodiment, Foster et al. discloses a cover 80 securing the weight within the recessed channel wherein the weight is configured to move within as shown in Figure 10A.
Regarding claim 3, Stites et al. shows in Figure 3A the recessed channel having a pocket that includes the first material and is secured to the body by at least in part by a pocket fastener.
Regarding claim 4, Stites et al. discloses the club head having a cavity. Stites et al. further discloses the pocket fastener having a head and a shaft.
Regarding claim 8, Foster et al. discloses a cover adapted to releasably secure the weight within the second channel. Applying a fastener to secure the cover would be a known attachment means within the art and is demonstrated (See Column 5, lines 12 through 62).
Regarding claim 9, see the above regarding claim 1.
Allowable Subject Matter
Claims 11 and 16 are allowed.
The following is an examiner’s statement of reasons for allowance:
The reason for the allowance of claims 1 1and 16 is due to the porosity of the materials.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Claims 5-7 and 10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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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