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 .
Examiner's Note
Examiner has cited particular paragraphs and/or columns and line numbers and/or figures in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant, in preparing the responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. The Examiner notes that it has been held that a recitation that a structural element is "adapted to", “configured to”, “capable of, “arranged to”, “intended to” or “operable to” perform a function does not limit the claim to a particular structure and thus only requires the ability to so perform the function. (See In re Hutchison, 69 USPQ 138. See also, MPEP 2111.04) As such, under the broadest reasonable interpretation of the claims and the prior art, the recitations of "adapted to", “configured to”, “capable of, “arranged to”, “intended to” or “operable to” will be deemed met by an element in the prior art capable of performing the function recited in connection with "adapted to", “configured to”, “capable of, “arranged to”, “intended to” or “operable to”. The examiner is aware of the functional language in the various claims.
Disclaimer
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 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.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 8, 9, 14, 15, 16, 17, 21-23 and 27 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Akin et al. (US Patent Application Publication No. 2017/0106260).
Regarding claim 8, Akin discloses a grip training device (10) comprising: a base comprising: a) an upper face; b) a lower face c) a front side surface; d) a back side surface; e) one or more shaped surfaces on the upper face of the base, wherein each shaped surface extends from a front end to a back end of the upper face of the base) a bat contacting surface on the lower face of the base, wherein the bat contacting surface is configured to contact a bat grip; wherein the bat contacting surface and the one or more shaped surfaces are separated by a first distance; and wherein the bat contacting surface is connected to the front end and the back end of each shaped surface by the front side surface and the back side surface of the base, respectively (see Figures 5-6 with numeral numbers provided below).
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336
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[AltContent: textbox (First raised middle ridge)][AltContent: textbox (Front end)][AltContent: textbox (Lower surface)][AltContent: textbox (Back side surface)][AltContent: textbox (Upper surface)][AltContent: textbox (Front side surface)][AltContent: textbox (Retaining member)][AltContent: textbox (base)][AltContent: textbox (Bat contacting
surface)][AltContent: textbox (Back end)][AltContent: textbox (One or more shaped surfaces)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow]
Regarding claim 9, Akin further comprising a retaining member extending upwards from the base (the section between the openings, portion of surface 42) configured to surround one or more of an index finger and a middle finger of a user (see the above figures. The base portion connecting openings 24 and 26 is considered as retaining member). The holes are capable of surrounding the index and the middle fingers.
Regarding claim 10, wherein the retaining member comprises a first raised middle ridge (dividing wall region 28 is considered as a middle ridge).
Regarding claim 14, wherein the one or more shaped surfaces include one or more pockets formed into the base to receive a respective tip of an index finger and a middle finger of a user (openings 24 and 26 are considered as pockets).
Regarding claim 15, wherein the base includes a plurality of recesses (24,26) formed into the front side surface and back side surface of the base and adjacent to the bat contacting surface (see Figures shown above).
Regarding claim 16, Akin discloses a grip training device (10) comprising: a base comprising: a) one or more shaped surfaces on an upper face of the base (where component 32 is shown in the above figures is considered as a base), wherein each shaped surface extends from a front end to a back end of the upper face of the base (see figures as identified above); and b) a bat contacting surface on a lower face of the base (40) ash shown in Figure 5 above), wherein the bat contacting surface is configured to contact a bat grip, wherein the bat contacting surface is separated from the one or more shaped surfaces by a first distance (the thickness between surface 40 and the inside openings surface), wherein the bat contacting surface is connected to the front end and the back end of each shaped surface by a front side surface and a back side surface of the base (see Figures identified above), respectively; and c) an annular retaining member integral to and extending upwards from the base (the section between the openings, portion of surface 42). See Figures shown above.
Regarding claim 17, wherein the retaining member comprises a first raised middle ridge (dividing wall region 28 is considered as a middle ridge).
Regarding claim 21, wherein the one or more shaped surfaces include one or more pockets formed into the base to receive a respective tip of an index finger and a middle finger of a user (openings 24 and 26 are considered as pockets).
Regarding claim 22, wherein the base includes a plurality of recesses (24,26) formed into the front side surface and back side surface of the base and adjacent to the bat contacting surface (see Figures shown above).
Regarding claim 23, see rejection of claim 8 and the Figures shown above. The openings 24 and 26 are considered as configured to lift one or second fingers of the user as recited.
Regarding claim 27, the section between the openings that is portion of surface 42 is considered as annular retaining member as recited. See Figures shown above.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 13 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Akin.
Akin does not explicitly disclose if the first distance could be approximately one inch. The instant invention in paragraph 32 discloses that this distance can vary on the six of the device and the preferences of the user. It would have been an obvious matter of design choice to make the distance approximately one inch, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Allowable Subject Matter
Claims 11, 12, 18, 19, 24-26 and 28 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
The following are suggested formats for either a Certificate of Mailing or Certificate of Transmission under 37 CFR 1.8(a). The certification may be included with all correspondence concerning this application or proceeding to establish a date of mailing or transmission under 37 CFR 1.8(a). Proper use of this procedure will result in such communication being considered as timely if the established date is within the required period for reply. The Certificate should be signed by the individual actually depositing or transmitting the correspondence or by an individual who, upon information and belief, expects the correspondence to be mailed or transmitted in the normal course of business by another no later than the date indicated.
Certificate of Mailing
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to NINI F LEGESSE whose telephone number is (571)272-4412. The examiner can normally be reached Mon - Friday 9 AM - 5:30 PM.
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/NINI F LEGESSE/Primary Examiner, Art Unit 3711
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