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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the a lacrosse quiver having an aperture, an elongated slit, and a stopper (ON THE LACROSSE STICK) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1-20 are 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.
The term “an adjustable strap affixed to the horizontal tubular housing at each of the first and second ends;” in claims 1is a relative term which renders the claim indefinite. The term “an adjustable strap affixed to the horizontal tubular housing at each of the first and second ends;” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The straps are disposed adjacent the ends. A prior statement indicates these ends as “open”. If straps were affixed to each of the first open end and the second open end, then the strap would intersect an opening. For example, affixation would take place at the tube opening. However, it would appear that these straps are affixed to an exterior surface adjacent the open end. For the purposes of examination, it shall be interpreted that the adjustable strap is affixed adjacent the first and second end.
The term “a plurality of fasteners disposed along a length of the horizontal tubular housing opposite the adjustable strap” in claims 1 and 9 is a relative term which renders the claim indefinite. The term “a plurality of fasteners disposed along a length of the horizontal tubular housing opposite the adjustable strap” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. How are the fasteners considered opposite the adjustable strap? The adjustable strap is a circumferential member. A feature opposite a circumferential member is unclear. The fasteners are located between two opposing arms of the adjustable strap. However, the fasteners are not opposite the adjustable strap. Claims 2-8 and 10-20 directly or indirectly depend from claim 1 and 9 and are also rejected.
The term “wherein the plurality of fasteners are configured to removably secure a piece of sporting equipment to the horizontal tubular housing; wherein the horizontal tubular housing defines a channel that is dimensioned to receive the piece of sporting equipment that is an elongated object” in claim 1is a relative term which renders the claim indefinite. The term “wherein the plurality of fasteners are configured to removably secure a piece of sporting equipment to the horizontal tubular housing; wherein the horizontal tubular housing defines a channel that is dimensioned to receive the piece of sporting equipment that is an elongated object” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The claim is stating that the same sporting equipment can be secured via the fasteners or within the channel. However, this is not true. The sporting equipment can only be received by one or the other. Perhaps there is an antecedent issue and two separate sporting equipment is being referenced.
The term “ a lacrosse stick with a lacrosse quiver having an aperture, an elongated slit, and a stopper” in claim 8 is a relative term which renders the claim indefinite. The term “a lacrosse stick with a lacrosse quiver having an aperture, an elongated slit, and a stopper” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. What is a lacrosse quiver? The specification fails to mention a quiver. Standard searching teaches that a quiver is a specific trademarked (NIKE™) brands duffel bag. This bag is large and features a crossbody strap. The incorporation of such a large bag in the present invention does not make sense. The drawings fail to show a “quiver”. The drawings seem to feature a standard lacrosse stick. It is unclear what features are associated with “an aperture, an elongated slit”. There are no singular apertures or elongated slits featured on the drawings on the lacrosse stick itself. Is figure 5 considered an additional feature? How is figure 5 incorporated on the sling? How is item 40 secured on the lacrosse shaft? Item 40 appears to not be contacting the lacrosse stick, but is presumed to be retained on shaft and maintain a position at the midpoint. How? For the purposes of examination, it shall be interpreted that the claim is stating a standard lacrosse stick and a standard lacrosse grip on the stick can be meet the claimed limitation.
The term “the bag comprises an opening through an upper end thereof” in claim 9 is a relative term which renders the claim indefinite. The term “the bag comprises an opening through an upper end thereof” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. What is considered the upper end? Wouldn’t the upper end be adjacent and parallel to the tubular housing? It appears that the opening however exists on an edge that is perpendicular to the tubular housing. How is this considered an upper end? It is not an upper end. This needs to be corrected. Correction is required also for claim 16 with respect to the nomenclature for the upper end and lower end of the bag.
Claim 8 recites the limitation "the piece of sporting equipment" in line 1. There is insufficient antecedent basis for this limitation in the claim. The piece of sporting equipment was never stated as part of the invention previously. It is only previously mentioned in terms of intended function.
Claim 20 recites the limitation "the piece of sporting equipment" in line 1. There is insufficient antecedent basis for this limitation in the claim. The piece of sporting equipment was never stated as part of the invention previously. It is only previously mentioned in terms of intended function.
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) 1-2 is/are rejected under 35 U.S.C. 102a(1) as being anticipated by Condorodis (US 5433502 A).
With respect to claim 1, Condorodis discloses a sporting equipment storage sling, comprising: a horizontal tubular housing (5) having an open first end opposite an open second end (open end of 18); an adjustable strap (8) affixed to the horizontal tubular housing at each of the first and second ends; a plurality of fasteners (19,56) disposed along a length of the horizontal tubular housing opposite the adjustable strap; wherein the plurality of fasteners are configured (intended function) to removably secure a piece of sporting equipment to the horizontal tubular housing; wherein the horizontal tubular housing defines a channel (interior) that is dimensioned to receive the piece of sporting equipment that is an elongated object (figure 13); wherein the adjustable strap further comprises a securement fastener (54) disposed on a terminal end thereof; and wherein the securement fastener (54) is configured to selectively disengage the terminal end of the adjustable strap from the horizontal tubular housing .
Examiner Note: The term adjustable can be read broadly. The claims are not specific in what feature is adjustable. For example, the strap can be positioned on fastener 56 or not positioned. That is a configuration adjustability.
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With respect to claim 2, Condorodis discloses the sporting equipment storage sling of claim 1, wherein a diameter of each of the first end and the second end (diameter around 18) of the horizontal tubular housing is greater than a diameter of a central portion of the horizontal tubular housing (diameter around 5).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1,3, 5-7, 9, 11, 13-17, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bear (US 4804025 A) in view of Reitz (US 5829656 A).
With respect to claim 1, Bear discloses a sporting equipment storage sling, comprising: a horizontal tubular housing (17) having an open first end opposite an open second end; an adjustable strap (15) affixed to the horizontal tubular housing at each of the first and second ends; wherein the horizontal tubular housing (27) defines a channel that is dimensioned (intended function) to receive the piece of sporting equipment that is an elongated object; wherein the adjustable strap further comprises a securement fastener (35 col 3 lines 53-65) disposed on a terminal end thereof; and wherein the securement fastener (35) is configured to selectively disengage the terminal end of the adjustable strap from the horizontal tubular housing .
Bear failed to disclose a plurality of fasteners disposed along a length of the horizontal tubular housing opposite the adjustable strap; wherein the plurality of fasteners are configured to removably secure a piece of sporting equipment to the horizontal tubular housing. However in a similar field of endeavor, namely sports storage systems, Reitz teaches of a plurality of fasteners (24) disposed along the length of a tubular member (34) to allow for storage of additional containers. It would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sling of Bear to include a plurality of fasteners as taught by Reitz in order to allow for further storage.
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With respect to claim 3, the references as applied to claim 1, above, disclose all the limitations of the claims. Bear further discloses sporting equipment storage sling of claim 1, wherein the adjustable strap comprises a buckle (33) thereon, wherein the buckle is configured to selectively adjust a length of the adjustable strap.
With respect to claim 5, the references as applied to claim 1, above, disclose all the limitations of the claims. The references further teach further comprising a plurality of eyelets (38/42 of Reitz) affixed to the exterior of the horizontal tubular housing, wherein a fastener (34 of Reitz) of each of the plurality of fasteners is secured to each of the plurality of eyelets. Refer to claim 1 rejection above for combination rationale.
With respect to claim 6, the references as applied to claim 5, above, disclose all the limitations of the claims. The references further teach wherein an aperture (loop 38 of 42 of Reitz) of each of the plurality of eyelets is coaxially aligned. Refer to claim 1 rejection above for combination rationale.
With respect to claim 7, the references as applied to claim 1, above, disclose all the limitations of the claims. The references further teach wherein the plurality of fasteners (24) are disposed at regular intervals along the horizontal tubular housing. Refer to claim 1 rejection above for combination rationale.
Examiner Note: The term “regular” is not the equivalent of “equal” intervals. The intervals of Reitz are symmetrical and have regularity.
With respect to claim 9, Bear discloses a sporting equipment storage sling, comprising: a horizontal tubular housing (17) having an open first end opposite an open second end; an adjustable strap (15) affixed to the horizontal tubular housing at each of the first and second ends; a bag (51) affixed to the horizontal tubular housing; wherein the bag comprises an opening (right most opening of 51) through an upper end thereof; wherein the opening is oriented towards the open first end of the horizontal tubular housing; wherein the adjustable strap further comprises a securement fastener (35 col 3 lines 53-65) disposed on a terminal end thereof; and wherein the securement fastener (35) is configured to selectively disengage the terminal end of the adjustable strap from the horizontal tubular housing.
Examiner Note: The term “bag” has a broad definition. Oxford languages define “bag” as “
a container made of flexible material with an opening at the top, used for carrying things.” Merriam-Webster defines bag as “a usually flexible container that may be closed for holding, storing, or carrying something”. Bears bag meets both definitions.
Bear failed to disclose a plurality of fasteners disposed along a length of the horizontal tubular housing opposite the adjustable strap; wherein the plurality of fasteners are configured to removably secure a piece of sporting equipment to the horizontal tubular housing. However in a similar field of endeavor, namely sports storage systems, Reitz teaches of a plurality of fasteners (24) disposed along the length of a tubular member (34) to allow for storage of additional containers. It would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sling of Bear to include a plurality of fasteners as taught by Reitz in order to allow for further storage.
With respect to claim 11, the references as applied to claim 9, above, disclose all the limitations of the claims. Bear further discloses wherein the adjustable strap comprises a buckle (33) thereon, wherein the buckle is configured to selectively adjust a length of the adjustable strap.
With respect to claim 13, the references as applied to claim 9, above, disclose all the limitations of the claims. The references further teach further comprising a plurality of eyelets (38/42 of Reitz) affixed to the exterior of the horizontal tubular housing, wherein a fastener (34 of Reitz) of the plurality of fasteners is secured to each of the plurality of eyelets. Refer to claim 1 rejection above for combination rationale.
With respect to claim 14, the references as applied to claim 13, above, disclose all the limitations of the claims. The references further teach wherein an aperture (loop 38 of 42 of Reitz) of each of the plurality of eyelets is coaxially aligned. Refer to claim 1 rejection above for combination rationale.
With respect to claim 15, the references as applied to claim 9, above, disclose all the limitations of the claims. The references further teach wherein the plurality of fasteners (24) are disposed at regular intervals along the horizontal tubular housing. Refer to claim 1 rejection above for combination rationale.
Examiner Note: The term “regular” is not the equivalent of “equal” intervals. The intervals of Reitz are symmetrical and have regularity.
With respect to claim 16, the references as applied to claim 9, above, disclose all the limitations of the claims. Bear further discloses wherein the bag (51) is removably securable to the horizontal tubular housing via securement straps (43) affixed to a lateral edge of the bag adjacent to the upper end and a lower end of the bag (on both the left and right side).
With respect to claim 17, the references as applied to claim 16, above, disclose all the limitations of the claims. Bear further discloses wherein the securement straps (43) comprise a first portion (43) removably securable to a second portion (19/21) via complementary fasteners.
With respect to claim 19, the references as applied to claim 9, above, disclose all the limitations of the claims. Bear further discloses wherein the bag comprises a material permeable to air. (open weave is inherently air permeable Col 4 lines 31-32)
Claim(s) 4 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bear (US 4804025 A) in view of Reitz (US 5829656 A) and Reynolds (US 6923356 B2).
With respect to claim 4, the references as applied to claim 1, above, disclose all the limitations of the claims except for wherein the plurality of fasteners each having a D-shaped carabiner with a spring biased latch pivotally affixed to a fastener body. However, in a similar field of endeavor, namely sling attachment mechanisms, Reynolds teaches of a sling that utilizes Carabiners to attach bags and containers. Reitz currently teaches of straps for bag attachment. Presently one can insert carabiners into the loops formed in Reitz to meet the claimed limitations. Therefore, it would have been obvious to one of ordinary skill in the art of slings for retaining items before the effective filing date of the claimed invention to substitute the carabiners as taught by Reynolds for strap retention mechanism as disclosed by Bear in view of Reitz since each individual element and its function are shown in the prior art, with the difference being the substitution of the elements. In the present case, if there is no need to store a bat or elongated item the straps are not necessary. Thus, one of ordinary skill in the art could have substituted the one known element for the other to produce a predictable result (MPEP 2143).
With respect to claim 12, the references as applied to claim 9, above, disclose all the limitations of the claims except for wherein the plurality of fasteners each having a D-shaped carabiner with a spring biased latch pivotally affixed to a fastener body. However, in a similar field of endeavor, namely sling attachment mechanisms, Reynolds teaches of a sling that utilizes Carabiners to attach bags and containers. Reitz currently teaches of straps for bag attachment. Presently one can insert carabiners into the loops formed in Reitz to meet the claimed limitations. Therefore, it would have been obvious to one of ordinary skill in the art of slings for retaining items before the effective filing date of the claimed invention to substitute the carabiners as taught by Reynolds for strap retention mechanism as disclosed by Bear in view of Reitz since each individual element and its function are shown in the prior art, with the difference being the substitution of the elements. In the present case, if there is no need to store a bat or elongated item the straps are not necessary. Thus, one of ordinary skill in the art could have substituted the one known element for the other to produce a predictable result (MPEP 2143).
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable Condorodis (US 5433502 A) ALTERNATE VIEW in view of Reitz (US 5829656 A).
With respect to claim 9, Condorodis discloses a sporting equipment storage sling, comprising: a horizontal tubular housing (5) having an open first end opposite an open second end (open end of 18); an adjustable strap (8) affixed to the horizontal tubular housing at each of the first and second ends, wherein the adjustable strap further comprises a securement fastener (54) disposed on a terminal end thereof; and wherein the securement fastener (54) is configured to selectively disengage the terminal end of the adjustable strap from the horizontal tubular housing.
Condorodis failed to disclose of a plurality of fasteners disposed along a length of the horizontal tubular housing opposite the adjustable strap; wherein the plurality of fasteners are configured to removably secure sporting equipment to the horizontal tubular housing; a bag affixed to the horizontal tubular housing; wherein the bag comprises an opening through an upper end thereof; wherein the opening is oriented towards the open first end of the horizontal tubular housing. However in a similar field of endeavor, namely sports storage systems, Reitz teaches of a plurality of fasteners (24) disposed along the length of a tubular member (34) to allow for storage of additional containers. These additional containers include a bag (item 21 or 22) that meets the claimed definition of having an opening that can be oriented towards the first end of the housing. It would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sling of Condorodis to include a plurality of fasteners as taught by Reitz in order to allow for further storage.
With respect to claim 10, the references as applied to claim 9, above, disclose all the limitations of the claims. Condorodis further discloses wherein a diameter of each of the first end and the second end (diameter around 18) is greater than a diameter of a central portion of the horizontal tubular housing (diameter around 5).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable Bear (US 4804025 A) ALTERNATE VIEW in view of Reitz (US 5829656 A).
With respect to claim 9, Bear discloses a sporting equipment storage sling, comprising: a horizontal tubular housing (17) having an open first end opposite an open second end; an adjustable strap (15) affixed to the horizontal tubular housing at each of the first and second ends; wherein the opening is oriented towards the open first end of the horizontal tubular housing; wherein the adjustable strap further comprises a securement fastener (35 col 3 lines 53-65) disposed on a terminal end thereof; and wherein the securement fastener (35) is configured to selectively disengage the terminal end of the adjustable strap from the horizontal tubular housing.
Bear failed to disclose of a plurality of fasteners disposed along a length of the horizontal tubular housing opposite the adjustable strap; wherein the plurality of fasteners are configured to removably secure sporting equipment to the horizontal tubular housing; a bag affixed to the horizontal tubular housing; wherein the bag comprises an opening through an upper end thereof; wherein the opening is oriented towards the open first end of the horizontal tubular housing. However in a similar field of endeavor, namely sports storage systems, Reitz teaches of a plurality of fasteners (24) disposed along the length of a tubular member (34) to allow for storage of additional containers. These additional containers include a bag (item 21 or 22) that meets the claimed definition of having an opening that can be oriented towards the first end of the housing. It would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sling of Bear to include a plurality of fasteners as taught by Reitz in order to allow for further storage.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable Bear (US 4804025 A) ALTERNATE VIEW in view of Reitz (US 5829656 A) and Cook (US 4979833 A).
With respect to claim 18, the references as applied to claim 9, above, disclose all the limitations of the claims except for further comprising a drawstring disposed through the upper end of the bag about the opening, wherein the drawstring is configured to selectively move the opening between an open configuration and a closed configuration. The bag shown by Reitz is traditional open top bag. However, in a similar field of endeavor, namely sports containers, Cook taught of a drawstring bag. Drawstring bags are common in the art of sports containers (col 4 lines 62-68) and would be an obvious substitution for Reitz displayed tote bag. To meet the claimed limitation, a drawstring bag would be placed through Reitz fastener, upwardly. Therefore, it would have been obvious to one of ordinary skill in the art of sports containers before the effective filing date of the claimed invention to substitute the drawstring bag as taught by Cook for the tote bag as disclosed by Bear in view of Reitz since each individual element and its function are shown in the prior art, with the difference being the substitution of the elements. In the present case, the drawstring bag allows for closure of the top. Thus, one of ordinary skill in the art could have substituted the one known element for the other to produce a predictable result (MPEP 2143).
Claim(s) 1 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable Reitz (US 5829656 A) in view of Fowler (US 5139187 A).
With respect to claim 1, Reitz discloses a sporting equipment storage sling, comprising: a horizontal tubular housing (30/14) having an open first end opposite an open second end; a plurality of fasteners (24) disposed along a length of the horizontal tubular housing opposite the adjustable strap; wherein the plurality of fasteners (24) are configured to removably secure a piece of sporting equipment to the horizontal tubular housing; wherein the horizontal tubular housing defines a channel (interior of 14) that is dimensioned to receive the piece of sporting equipment that is an elongated object.
Retiz failed to disclose of an adjustable strap affixed to the horizontal tubular housing at each of the first and second ends; wherein the adjustable strap further comprises a securement fastener disposed on a terminal end thereof; and wherein the securement fastener is configured to selectively disengage the terminal end of the adjustable strap from the horizontal tubular housing. However, in a similar field of endeavor, namely portable sporting containers, Fowler taught of an adjustable strap (48,44) that was removable via a terminal end (47). Adding this feature to Reitz’s invention, allows the user the option of carrying the device as a rear fanny pack, forward fanny pack, or a sling (col 1 lines 40-50). It would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the carrier of Reitz to include adjustable straps as taught by Fowler in order to allow for the user to carry the device on their body.
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With respect to claim 9, Reitz discloses a sporting equipment storage sling, comprising: a horizontal tubular housing (30/14) having an open first end opposite an open second end; a plurality of fasteners (24) disposed along a length of the horizontal tubular housing opposite the adjustable strap; wherein the plurality of fasteners (24) are configured to removably secure a piece of sporting equipment to the horizontal tubular housing; a bag (21) affixed to the horizontal tubular housing; wherein the bag comprises an opening (top of 21) through an upper end thereof; wherein the opening is oriented towards the open first end of the horizontal tubular housing.
Retiz failed to disclose of an adjustable strap affixed to the horizontal tubular housing at each of the first and second ends; wherein the adjustable strap further comprises a securement fastener disposed on a terminal end thereof; and wherein the securement fastener is configured to selectively disengage the terminal end of the adjustable strap from the horizontal tubular housing. However, in a similar field of endeavor, namely portable sporting containers, Fowler taught of an adjustable strap (48,44) that was removable via a terminal end (47). Adding this feature to Reitz’s invention, allows the user the option of carrying the device as a rear fanny pack, forward fanny pack, or a sling (col 1 lines 40-50). It would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the carrier of Reitz to include adjustable straps as taught by Fowler in order to allow for the user to carry the device on their body.
Claim(s) 8 and 20 are rejected under 35 U.S.C. 103 as being unpatentable Reitz (US 5829656 A) in view of Fowler (US 5139187 A) and Ewing (US 20060174861 A1).
With respect to claim 8, the references as applied to claim 1, above, disclose all the limitations of the claims except for wherein the piece of sporting equipment is a lacrosse stick with a lacrosse quiver having an aperture, an elongated slit, and a stopper. However, it can be recognized that Reitz teaches of a device that is universal and can be used with a variety of objects (col 3 lines 15-20 of Reitz). Further, Ewing teaches of the direct versatility of carrier being used interchangeably for baseball bats and lacrosse sticks (page 3 [0049]). Reitz shows direct implementation of a baseball bat; however, it should be understood that other sports equipment such as a lacrosse stick can be utilized. Therefore, it would have been obvious to one of ordinary skill in the art of sports carriers before the effective filing date of the claimed invention to substitute a lacrosse stick as taught by Ewing for the baseball bat as disclosed by Reitz since each individual element and its function are shown in the prior art, with the difference being the substitution of the elements. In the present case, lacrosse sticks also need a container for carrying. Thus, one of ordinary skill in the art could have substituted the one known element for the other to produce a predictable result (MPEP 2143).
Examiner Note: Refer to 112b above over nomenclature of a quiver. Official Notice is taken that a lacrosse grip was notoriously well-known in the art at the time the invention was effectively filed. It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to combine a lacrosse grip on a lacrosse stick with this well-known technique in order to have better grip on the lacrosse stick. Standard grips include a V-shaped end with two openings that can serve as an aperture and elongated slit.
With respect to claim 20, the references as applied to claim 9, above, disclose all the limitations of the claims except for wherein the piece of sporting equipment is a lacrosse stick with a lacrosse quiver having an aperture, an elongated slit, and a stopper. However, it can be recognized that Reitz teaches of a device that is universal and can be used with a variety of objects (col 3 lines 15-20 of Reitz). Further, Ewing teaches of the direct versatility of carrier being used interchangeably for baseball bats and lacrosse sticks (page 3 [0049]). Reitz shows direct implementation of a baseball bat; however, it should be understood that other sports equipment such as a lacrosse stick can be utilized. Therefore, it would have been obvious to one of ordinary skill in the art of sports carriers before the effective filing date of the claimed invention to substitute a lacrosse stick as taught by Ewing for the baseball bat as disclosed by Reitz since each individual element and its function are shown in the prior art, with the difference being the substitution of the elements. In the present case, lacrosse sticks also need a container for carrying. Thus, one of ordinary skill in the art could have substituted the one known element for the other to produce a predictable result (MPEP 2143).
Examiner Note: Refer to 112b above over nomenclature of a quiver. Official Notice is taken that a lacrosse grip was notoriously well-known in the art at the time the invention was effectively filed. It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to combine a lacrosse grip on a lacrosse stick with this well-known technique in order to have better grip on the lacrosse stick. Standard grips include a V-shaped end with two openings that can serve as an aperture and elongated slit.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US-D271162-S OR US-6550653-B2 OR US-4911347-A OR US-5829656-A OR US-5433502-A OR US-4804025-A OR US-6736302-B1 OR US-6923356-B2 OR US-4979833-A OR US-D985928-S OR US-9872579-B2 OR US-7111730-B1 OR US-D525786-S OR US-6176403-B1 OR US-D381805-S OR US-5433288-A OR US-5139187-A OR US-5018609-A OR US-4792073-A OR US-4746159-A OR US-5425194-A OR US-D283758-S OR US-5836634-A OR US-20060174861-A1 OR US-20180139944-A1 OR US-20100089959-A1 OR US-20200260842-A1 OR US-20200046588-A1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYMREN K SANGHERA whose telephone number is (571)272-5305. The examiner can normally be reached Mon - Fri.
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/S.K.S./Examiner, Art Unit 3735
/ERNESTO A GRANO/Primary Examiner, Art Unit 3735