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 § 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 and 5-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kapheim (20120190487) in view of Wang (20070287551).
Regarding claim 1, Kapheim (Figures 1-7) teaches a game paddle, the paddle comprising: a head having a front side, a back side, and a perimeter edge, the perimeter edge including a top edge, a bottom edge, a first lateral edge, and a second lateral edge, a central portion of each of the front and back sides being planar (See fig. 1-7) (Para. 0019-0020); and a handle (14) having a proximal end attached to the bottom edge of the head and extending downwardly therefrom (See fig. 1); wherein a distal end of the handle includes a bottle opener (Fig. 6, part No. 54) (Para. 0030) integrated therein.
It is noted that the prior art of Kapheim is fully capable of performing the claim recitation of “configured for use while playing pickleball” as the recited limitation is directed to the intended use of the claimed apparatus and does not structurally distinguish the claimed apparatus from the prior art. Apparatus claims cover what a device is, not what a device does (See: Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990)). A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim (See: Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)).
Kapheim does not teach a distal end of the handle includes a can tab slot integrated therein.
Wang (Figures 1-17) teaches a distal end of the handle includes a can tab slot (Fig. 2, Part No. 24’) (Para. 0035) integrated therein.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide Kapheim with a distal end of the handle includes a can tab slot integrated therein as taught by Wang as a means of providing a cap portion of a sports handle with a hemispherical groove (Wang: Para. 0035).
Regarding claim 5, the modified Kapheim (Figures 1-7) teaches the bottle opener comprises a recess (54) in the distal end of the handle, the recess being sized to removably receive a portion of a cap on a bottle (See fig. 6).
Regarding claim 6, the modified Kapheim (Figures 1-7) teaches the bottle opener comprises a plate partially covering the recess (54), the plate having a lip (See fig. 1-2 and 5-6) (Para. 0028) configured to catch a portion of an underside of the cap and a fulcrum (64) configured to bear against the top of the cap as one or both of the handle and the bottle serve as a lever for prying the cap off of the bottle (See fig. 6) (Para. 0028).
Regarding claim 7, the modified Kapheim (Figures 1-7) teaches a game paddle comprising: a handle (14) (See fig. 1).
The modified Kapheim does not teach the can tab slot is configured for receiving a tab of a can and has an interior surface configured to bear against the tab as one or both of the handle and the can serve as a lever for prying the tab to open the can.
Wang (Figures 1-17) teaches a distal end of the handle includes a can tab slot (Fig. 2, Part No. 24’) (Para. 0035) that has an interior surface.
It is noted that the combination of the prior art of Kapheim and Wang is fully capable of performing the claim recitation of “configured for receiving a tab of a can and has an interior surface configured to bear against the tab as one or both of the handle and the can serve as a lever for prying the tab to open the can” as the recited limitation is directed to the intended use of the claimed apparatus and 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 Kapheim with a can tab slot as taught by Wang as a means of providing an end cap portion of a sports handle with a hemispherical groove (Wang: Para. 0035).
Regarding claim 8, Kapheim (Figures 1-7) teaches a game paddle, the paddle comprising: a head having a front side, a back side, and a perimeter edge, the perimeter edge including a top edge, a bottom edge, a first lateral edge, and a second lateral edge, a central portion of each of the front and back sides being planar (See fig. 1) (Para. 0019-0020); and a handle (14) having a proximal end attached to the bottom edge of the head and extending downwardly therefrom (See fig. 1).
It is noted that he prior art of Kapheim is fully capable of performing the claim recitation of “configured for use while playing pickleball” as the recited limitation is directed to the intended use of the claimed apparatus and does not structurally distinguish the claimed apparatus from the prior art.
Kapheim does not teach the handle includes a female portion and a male portion, the male portion removably received in the female portion in a mating relationship, and the male portion having a can opener projection integrated therein configured for piercing a can.
Williams (Figure 1) teaches the handle includes a female portion (Fig. 1C, Part No. 102) and a male portion (104) (Para. 0017), the male portion removably received in the female portion in a mating relationship (Para. 0016-0017), and the male portion having a can opener projection (Fig. 1C, Part No. 116) integrated therein.
It is noted that the prior art of Williams is fully capable of performing the claim recitation of “configured for piercing a can” as the recited limitation is directed to the intended use of the claimed apparatus and 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 Kapheim with the handle includes a female portion and a male portion as taught by Williams as a means of providing a handle of a ball striking sports implement with a separable end cap portion coupled to the handle using threads (Williams: Para. 0015-0017).
Regarding claim 9, the modified Kapheim (Figures 1-7) teaches a distal end of the handle includes a bottle opener (54) integrated therein (Para. 0030).
The modified Kapheim does not teach a distal end of the handle includes a can tab slot integrated therein.
Wang (Figures 1-17) teaches a distal end of the handle includes a can tab slot (Fig. 2, Part No. 24’) (Para. 0035) integrated therein.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide Kapheim with a distal end of the handle includes a can tab slot integrated therein as taught by Wang as a means of providing a cap portion of a sports handle with a hemispherical groove (Wang: Para. 0035).
Regarding claim 10, the modified Kapheim (Figures 1-7) teaches the bottle opener (54) is integrated in the male portion of the handle (See fig. 6).
The modified Kapheim does not teach the can tab slot is integrated in the male portion of the handle.
Wang (Figures 1-17) teaches the can tab slot (Fig. 2, Part No. 24’) (Para. 0035) is integrated in the male portion of the handle.
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 Kapheim with the can tab slot is integrated in the male portion of the handle as taught by Wang as a means of providing a cap portion of a sports handle with a hemispherical groove (Wang: Para. 0035).
Regarding claim 11, the modified Kapheim (Figures 1-7) teaches the bottle opener (54) comprises a recess in a distal end of the male portion of the handle, the recess being sized to removably receive a portion of a cap on a bottle (See fig. 5-6).
Regarding claim 12, the modified Kapheim (Figures 1-7) teaches the bottle opener (54) comprises a plate partially covering the recess (See fig. 6), the plate having a lip (See fig. 1-2 and 5-6) configured to catch a portion of an underside of the cap and a fulcrum (Para. 0028) configured to bear against the top of the cap as one or both of the handle and the bottle serve as a lever for prying the cap off of the bottle (See fig. 5-6).
Regarding claim 13, the modified Kapheim (Figures 1-7) teaches a distal end of the handle includes a bottle opener (54) integrated therein (Para. 0030).
The modified Kapheim does not teach the can tab slot is configured for receiving a tab of the can and has an interior surface configured to bear against the tab as one or both of the handle and the can serve as a lever for prying the tab to open the can.
Wang (Figures 1-17) teaches a distal end of the handle includes a can tab slot (Fig. 2, Part No. 24’) (Para. 0035) that has an interior surface.
It is noted that the combination of the prior art of Kapheim and Wang is fully capable of performing the claim recitation of “configured for receiving a tab of the can and has an interior surface configured to bear against the tab as one or both of the handle and the can serve as a lever for prying the tab to open the can” as the recited limitation is directed to the intended use of the claimed apparatus and 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 Kapheim with a can tab slot as taught by Wang as a means of providing an end cap portion of a sports handle with a hemispherical groove (Wang: Para. 0035).
Claims 2-4 and 14-21 are rejected under 35 U.S.C. 103 as being unpatentable over Kapheim in view of Wang, further in view of Williams (20180133563).
Regarding claim 2, the modified Kapheim (Figures 1-7) teaches the handle includes a female portion and a male portion (See fig. 6), the bottle opener (54) is integrated in the male portion of the handle (See fig. 6).
The modified Kapheim does not teach the slot is integrated in the male portion, the male portion removably received in the female portion in a mating relationship, and the male portion having a can opener projection integrated therein configured for piercing a can.
Williams (Figure 1) teaches the handle includes a female portion (Fig. 1C, Part No. 102) and a male portion (104) (Para. 0017), the male portion removably received in the female portion in a mating relationship (Para. 0016-0017), and the male portion having a can opener projection (Fig. 1C, Part No. 116) integrated therein.
It is noted that the combination of Kapheim, Wang, and Williams teaches the claim recitation of “the slot is integrated in the male portion” as the prior art of Wang teaches the claimed “slot” in a male portion.
It is noted that the prior art of Williams is fully capable of performing the claim recitation of “configured for piercing a can” as the recited limitation is directed to the intended use of the claimed apparatus and 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 Kapheim with the male portion removably received in the female portion in a mating relationship as taught by Williams as a means of providing a handle of a ball striking sports implement with a separable end cap portion coupled to the handle using threads (Williams: Para. 0015-0017).
Regarding claim 3, the modified Kapheim (Figures 1-7) teaches a game paddle comprising: a handle (14) (See fig. 1).
The modified Kapheim does not teach the can opener projection is stowed inside the handle when the male portion is received in the female portion.
Williams (Figure 1) teaches the can opener projection (Fig. 1C, Part No. 116) s stowed inside the handle when the male portion is received in the female portion (Para. 0016-0017).
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 Kapheim with the can opener projection is stowed inside the handle when the male portion is received in the female portion as taught by Williams as a means of providing a handle of a ball striking sports implement with a separable end cap portion coupled to the handle using threads (Williams: Para. 0015-0017).
Regarding claim 4, the modified Kapheim (Figures 1-7) teaches a game paddle comprising: a handle (14) (See fig. 1).
The modified Kapheim does not teach the female and male portions of the handle are threaded.
Williams (Figure 1) teaches the female and male portions of the handle are threaded (See fig. 1-2) (Para. 0016-0017).
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 Kapheim with the female and male portions of the handle are threaded as taught by Williams as a means of providing a handle of a ball striking sports implement with a separable end cap portion coupled to the handle using threads (Williams: Para. 0015-0017).
Regarding claim 14, the modified Kapheim (Figures 1-7) teaches a game paddle comprising: a handle (14) (See fig. 1).
The modified Kapheim does not teach the can opener projection is stowed inside the handle when the male portion is received in the female portion.
Williams (Figure 1) teaches the can opener projection (Fig. 1C, Part No. 116) s stowed inside the handle when the male portion is received in the female portion (Para. 0016-0017).
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 Kapheim with the can opener projection is stowed inside the handle when the male portion is received in the female portion as taught by Williams as a means of providing a handle of a ball striking sports implement with a separable end cap portion coupled to the handle using threads (Williams: Para. 0015-0017).
Regarding claim 15, the modified Kapheim (Figures 1-7) teaches a game paddle comprising: a handle (14) (See fig. 1).
The modified Kapheim does not teach the female and male portions of the handle are threaded.
Williams (Figure 1) teaches the female and male portions of the handle are threaded (See fig. 1-2) (Para. 0016-0017).
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 Kapheim with the female and male portions of the handle are threaded as taught by Williams as a means of providing a handle of a ball striking sports implement with a separable end cap portion coupled to the handle using threads (Williams: Para. 0015-0017).
Regarding claim 16, Kapheim (Figures 1-7) teaches a racquet (Para. 0019) configured for use while playing a racquet sport, the racquet comprising: a head having a front side, a back side, and a perimeter edge, the perimeter edge including a top edge, a bottom edge, a first lateral edge, and a second lateral edge, a central portion of each of the front and back sides being configured for striking an object (See fig. 1-7) (Para. 0019-0020); and a handle (14) having a proximal end attached to the bottom edge of the head and extending downwardly therefrom; wherein the handle includes a female portion and a male portion (See fig. 6), and the male portion having a bottle opener (Fig. 5-6, Part No. 54) (Para. 0030) integrated in a distal end thereof.
Kapheim does not teach the male portion removably received in the female portion in a mating relationship, the male portion having a can opener projection integrated therein configured for piercing a can; and the male portion having a can tab slot integrated in a distal end thereof.
Williams (Figure 1) teaches the handle includes a female portion (Fig. 1C, Part No. 102) and a male portion (104) (Para. 0017), the male portion (104) (Para. 0017) removably received in the female portion (Fig. 1C, Part No. 102) in a mating relationship (Para. 0016-0017), and the male portion having a can opener projection (Fig. 1C, Part No. 116) integrated therein.
It is noted that the prior art of Williams is fully capable of performing the claim recitation of “configured for piercing a can” as the recited limitation is directed to the intended use of the claimed apparatus and does not structurally distinguish the claimed apparatus from the prior art.
Wang (Figures 1-17) teaches the male portion having a can tab slot (Fig. 2, Part No. 24’) (Para. 0035) integrated in a distal end thereof.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide Kapheim with the male portion removably received in the female portion in a mating relationship as taught by Williams as a means of providing a handle of a ball striking sports implement with a separable end cap portion coupled to the handle using threads (Williams: Para. 0015-0017), and to provide Kapheim with a can tab slot as taught by Wang as a means of providing an end cap portion of a sports handle with a hemispherical groove (Wang: Para. 0035).
Regarding claim 17, the modified Kapheim (Figures 1-7) teaches a game paddle comprising: a handle (14) (See fig. 1).
The modified Kapheim does not teach the can opener projection is stowed inside the handle when the male portion is received in the female portion.
Williams (Figure 1) teaches the can opener projection (Fig. 1C, Part No. 116) s stowed inside the handle when the male portion is received in the female portion (Para. 0016-0017).
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 Kapheim with the can opener projection is stowed inside the handle when the male portion is received in the female portion as taught by Williams as a means of providing a handle of a ball striking sports implement with a separable end cap portion coupled to the handle using threads (Williams: Para. 0015-0017).
Regarding claim 18, the modified Kapheim (Figures 1-7) teaches a game paddle comprising: a handle (14) (See fig. 1).
The modified Kapheim does not teach the female and male portions of the handle are threaded.
Williams (Figure 1) teaches he female and male portions of the handle are threaded (See fig. 1-2) (Para. 0016-0017).
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 Kapheim with the female and male portions of the handle are threaded as taught by Williams as a means of providing a handle of a ball striking sports implement with a separable end cap portion coupled to the handle using threads (Williams: Para. 0015-0017).
Regarding claim 19, the modified Kapheim (Figures 1-7) teaches the bottle opener (54) comprises a recess in the distal end of the handle, the recess being sized to removably receive a portion of a cap on a bottle (See fig. 6) (Para. 0030).
Regarding claim 20, the modified Kapheim (Figures 1-7) teaches the bottle opener (54) comprises a plate partially covering the recess, the plate having a lip (See fig. 1-2 and 5-6) (Para. 0028) configured to catch a portion of an underside of the cap and a fulcrum (64) (Para. 0028) configured to bear against the top of the cap as one or both of the handle and the bottle serve as a lever for prying the cap off of the bottle (See fig. 5-6).
Regarding claim 21, the modified Kapheim (Figures 1-7) teaches a distal end of the handle includes a bottle opener (54) (Para. 0030).
The modified Kapheim does not teach the can tab slot is configured for receiving a tab of the can and has an interior surface configured to bear against the tab as one or both of the handle and the can serve as a lever for prying the tab to open the can.
Wang (Figures 1-17) teaches a distal end of the handle includes a can tab slot (Fig. 2, Part No. 24’) (Para. 0035) that has an interior surface.
It is noted that the combination of the prior art of Kapheim and Wang is fully capable of performing the claim recitation of “configured for receiving a tab of the can and has an interior surface configured to bear against the tab as one or both of the handle and the can serve as a lever for prying the tab to open the can” as the recited limitation is directed to the intended use of the claimed apparatus and 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 Kapheim with a can tab slot as taught by Wang as a means of providing an end cap portion of a sports handle with a hemispherical groove (Wang: Para. 0035).
Conclusion
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/C.G./Examiner, Art Unit 3711
/JOSEPH B BALDORI/Primary Examiner, Art Unit 3711
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