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 § 102
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tabet (USPN 4516780).
Regarding claim 1, Tabet discloses a height adjustable golf tee having a fixing member 11, a main body member 13 and 14, and a height maintenance member 13 (See Figures 1, 4 and 5). The fixing member has a predetermined length in a vertical direction and is inserted into the ground so that the position is fixed. The main body member slidably connects to the fixing member and protrudes from the fixing member in a longitudinal direction of the fixing member or retracts into the fixing member. The height maintenance member is provided at the end portion of the main body member and is configured to maintain an adjusted height of the main body member in a state where a height of the main body member with respect to the fixing member is adjusted by varying the height of the main body member connected to the fixing member. The height maintenance member is also made of an elastomer as evident by Column 3, lines 31 through 42. In a state where the main body member is connected to the fixing member, the height of the main body member with respect to the fixing member is varied by external force to adjust the height of the main body member to a required height and when the external force is removed in a state where the height of the main body member is adjusted, the adjusted height of the amin body member is maintained by the height maintenance member.
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tabot (USPN 4516780) in view of Kruse (USPN 1803907).
Regarding claim 2, Tabot discloses the fixing member having a fixing body, ground seating portion, and connection hole. The fixing body has a predetermined length with a lower portion formed in a shape that is gradually sharpened outward as evident by Figure 4. The ground seating portion is at an upper end of the fixing body and extends laterally outward of the fixing member as evident by Figures 4 and 5. The connection hole 12 recesses inward from a central portion of an upper surface of the fixing body by a predetermined depth as evident by Figure 5. Tabot also discloses the main body member having a main body, a golf seating portion, a main body central hole. The main body has a predetermined length and is inserted into the connection hole as evident by Figure 5. The golf ball seating portion is provided at an upper end of the main body and extends laterally outward of the main body so that a golf ball can be seated thereon as evident by Figures 4 and 5. Tabot discloses a height maintenance member made of an elastic material but does not disclose the elastic protrusion body extending laterally outward. Kruse discloses an adjustable golf tee having a height maintenance body 19 having a protrusion body 20. The protruding body laterally extends outward from an outer circumferential surface of a height maintenance body making contact with an inner surface of the connection hole 14 when the main body 18 is inserted into the connection hole as evident by Figure 2 and Page 1 lines 49 through 64. One having ordinary skill in the art would have found it obvious to have protrusion body, as taught by Kruse, in order to hold the main body at the desired user height. Tabot further discloses the height maintenance body made of an elastomer and holding the height in place with friction. Kruse discloses what would be the equivalent of the fixing body made of an elastic material evident by page 1, lines 41 through 48. Incorporating an elastic material to the protruding body of Kruse would perform in the same manner; therefore, one having ordinary skill in the art would having found it obvious to have the protrusion body made of an elastic material in order to further provide a friction interaction with the surface of the connection hole. Kruse does not disclose a height maintenance-side central hole through the central portion of the height maintenance body in a longitudinal direction; however, Kruse does disclose the connection hole having an open lower end which would push air from the connection hole (See Figure 2). Placing the longitudinal central hole through the height maintenance body would provide the same purpose as the open lower end. One having ordinary skill in the art would have found it obvious to have the high-maintenance side central hole in order to remove air from the connection hole.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tabot (USPN 4516780) in view of Kruse (USPN 1803907) further in view of Barouh (US 2005/0026726).
Regarding claim 4, Tabot in view of Kruse does not disclose a direction guide protrusion. Barouh discloses an adjustable golf tee wherein the fixing member has a direction guide protrusion 26 and 28 as evident by Figure 1. Barouh notes that the arrows point in the hitting direction (See Paragraph 0032). One having ordinary skill in the art would have found it obvious to have a direction guide protrusion, as taught by Barouh, in order to point in the hitting direction of the golf ball.
Allowable Subject Matter
Claims 3 and 5 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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