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 1, 2, 13 and 14 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Thurman et al. (US Patent Application Publication No. 2021/0252356).
Regarding claim 1, Thurman discloses sports paddle (see all the different embodiments shown in figures 1-56. Figures 1-4 and 19 are used for rejection of the instant claim) comprising: a paddle body (1640. For example, see the embodiment as shown in Figure 19) having a paddle face portion (the surface of faceplate 44 as shown in Figure 19) and a handle portion (30) that extends from the paddle face portion (for example, as shown in Figure 1A, handle (30) extends from the paddle face portion (surface 44)), wherein the paddle body further comprises a plurality of layered substrate components (see top 1670-2, bottom 1670-s and center portion 1670-1 as shown in Figure 19. In addition, paragraph 81 discloses that “multiple levels of individual cells, a stack of cellular layers, which may be aligned or offset relative to one another. FIG. 1B illustrates various examples of such multi-level cellular material that may be used for inner layer 42. As shown by FIG. 1B, inner layer 42 may be formed from multi levels of rhombic cells 50, multi levels of Kagome cells 52, multi levels of Voronai cells, multi levels of Vorobom cells 54, multi levels of vorofc cells 56, multi levels of a first type of tetra cells 58, multi levels of a second different tetra cells 60, multi levels of Voro-1 cells 62 or multi levels of voro-2 cells 64. Each of the different candidates may be formed using a micro layer-by-micro layer additive manufacturing process”), the plurality of layered substrate components comprising: a first substrate defining a first exterior surface and first interior surface (the exterior surface of 44 and the interior surface of 44 touching 1670-2 as shown in Figure 19); a second substrate defining a second exterior surface and a second interior surface (the exterior surface of 46 and the interior surface of 46 touching 1670-1 as shown in Figure 19), wherein the first exterior surface (outer surface of 44) and the second exterior surface (outer surface of 46) are disposed as opposing exterior surfaces (see figure 19); and a core disposed between the first substrate and the second substrate (1670-1), wherein the core further defines a plurality of voids and plurality of connective members arranged in a predetermined arrangement (as discussed in paragraph 127, the use of lattice similar as described in Figures 2-4B is disclosed. For example, as shown in Figure 3, plurality of voids and connective members are disclosed).
Regarding claims 2 and 14, wherein each of the first substrate, the second substrate, and the core are composed of wood (for example, in paragraph 83, the inner layer is disclosed as being made of wood and paragraph 144 that discloses different embodiment teaches the sublayers could be made of wood).
Regarding claim 13, see rejection of claim 1 above. As shown in Figure 19, plurality of core layers (1670-2, 1670-1 and 1642) are disclosed.
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.
Claims 3-12 and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Thurman.
Regarding claim 3, Thurman does not explicitly disclose the paddle face portion and handle portion of each of the first substrate, second substrate, and core are integrally formed as a single unitary piece. It would have been obvious to one having ordinary skill in the art at the time the invention was made to make the handle portion of each of the first substrate, second substrate, and core are integrally formed as a single unitary piece (describe modification, since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. Howard v. Detroit Stove Works, 150 U.S. 164 (1893).
Regarding claim 4, the core further comprises a unitary exterior edge extending about a perimeter of the core members (see strip 48 for example as shown in Figure 1A), such that the unitary exterior edge is disposed about and contains the predetermined arrangement of voids and connective members (for example, see the voids and connective members as shown in Figure 3B).
Regarding claim 5, for example, in embodiment of figures 1-4 and 19, the core is fixedly adhered to the first substrate at the first interior surface (44) and fixedly adhered (see paragraph 86) to the second substrate at the second interior surface (46) via one of an adhesive, a lamination process, a plurality of mechanical fasteners, or a heat-activated bonding process (as discussed in paragraph 86, the components are disclosed as being adhesively bonded).
Regarding claim 6, in the embodiment shown in Figures 1-4 and 19, the paddle face portion of the first exterior surface is an exterior playing surface (exterior surface of component 44); the paddle face portion of the second exterior surface is another exterior playing surface (exterior surface of component 46). In this embodiment the sports paddle is not explicitly shown as further comprising a first handle pallet fixedly adhered to the handle portion of the first exterior surface and a second handle pallet fixedly adhered to the handle portion of the second exterior surface. The embodiment shown in Figure 9D, the handle is shown as having multiple strips that are considered pallets (733) is disclosed. It would have been obvious to one of ordinary skill in the art to substitute the handle arrangement shown in embodiment 1-4 with first and second pallets as taught in the embodiment disclosed in Figure 9D to use a known alternative handle arrangement means.
Regarding claim 7, as shown in Figure 19 and discussed in paragraphs 126-127, the core comprises a first core layer (1670-2) and a second core layer (1370-2). In addition, it should be noted that as disclosed in paragraph 81, “Inner layer 42 comprises a layer composed of multiple levels of individual cells, a stack of cellular layers, which may be aligned or offset relative to one another. FIG. 1B illustrates various examples of such multi-level cellular material that may be used for inner layer 42. As shown by FIG. 1B, inner layer 42 may be formed from multi levels of rhombic cells 50, multi levels of Kagome cells 52, multi levels of Voronai cells, multi levels of Vorobom cells 54, multi levels of vorofc cells 56, multi levels of a first type of tetra cells 58, multi levels of a second different tetra cells 60, multi levels of Voro-1 cells 62 or multi levels of voro-2 cells 64. Each of the different candidates may be formed using a micro layer-by-micro layer additive manufacturing process”.
Regarding claims 8-9, wherein the first core layer comprises the plurality of voids and the plurality of connection members in a first predetermined arrangement; and wherein the second core layer comprises the plurality of voids and the plurality of connection members in a second predetermined arrangement and wherein the first predetermined arrangement and the second predetermined arrangement are identical (see rejection of claim 7 above. Since the multi layers are formed using a micro layer-by-micro layer additive manufacturing process, the first and second layers are considered as meeting the recited feature)..
Regarding claim 10, wherein the first core layer is fixedly adhered to the second core layer via an adhesive, a lamination process, a plurality of mechanical fasteners, or a heat- activated bonding process (see paragraph 94, for example, see embodiment as shown in figures 7-8).
Regarding claim 11, the paddle body further comprises a third substrate layer disposed between the first core layer and the second core layer (as shown in Figure 19, see the multiple layers (1670-2,1670-1, 1370-2).
Regarding claim 12, wherein the third substrate layer is fixedly adhered to each of the first core layer and the second core layer via an adhesive, a lamination process, a plurality of mechanical fasteners, or a heat-activated bonding process (in paragraph 22 layer 130 is disclosed as adhesively bonded).
Regarding claim 15, Thurman does not explicitly disclose the paddle face portion and handle portion of each of the first substrate, second substrate, and core are integrally formed as a single unitary piece. It would have been obvious to one having ordinary skill in the art at the time the invention was made to make the handle portion of each of the first substrate, second substrate, and core are integrally formed as a single unitary piece (describe modification, since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. Howard v. Detroit Stove Works, 150 U.S. 164 (1893).
Regarding claim 16, in the embodiment shown in Figures 1-4 and 19, the paddle face portion of the first exterior surface is an exterior playing surface (exterior surface of component 44); the paddle face portion of the second exterior surface is another exterior playing surface (exterior surface of component 46). In this embodiment the sports paddle is not explicitly shown as further comprising a first handle pallet fixedly adhered to the handle portion of the first exterior surface and a second handle pallet fixedly adhered to the handle portion of the second exterior surface. The embodiment shown in Figure 9D, the handle is shown as having multiple strips that are considered pallets (733) is disclosed. It would have been obvious to one of ordinary skill in the art to substitute the handle arrangement shown in embodiment 1-4 with first and second pallets as taught in the embodiment disclosed in Figure 9D to use a known alternative handle arrangement means.
Regarding claim 17, wherein each connective member has a top and each recess has a predetermined depth, wherein the predetermined depth of each recess extends from the first face to the top of the respective connective member (see rejection of claims 13-16 above. See also Figure 1B).
Regarding claim 18, wherein the plurality of core layers further comprises a first core layer(1670-1) and a second core layer (1370-2), wherein: the first core layer is disposed between the first substrate layer (44) and the second core layer (1370-2), such that the first face is disposed in contact with the first substrate layer (the inner face of 44) and the second face is disposed in contact with the second core layer (the inner face of 46); and the second core layer (1370-2) is disposed between the first core layer (1670-1) and the second substrate layer (46), such that the first face is disposed in contact with the second substrate layer and the second face is disposed in contact with the first core layer (see assembly of layers as shown in Figure 19).
Regarding claim 19, the first face of the first core layer is fixedly adhered to the first interior surface of the first substrate layer (the surface of 1370-1 facing 44 as shown in Figure 19) and the second face of the first core layer is fixedly adhered to the first face of the second core layer via one of an adhesive, a lamination process, a plurality of mechanical fasteners, or a heat-activated bonding process (the face of 1670-2 that is facing 1670-1 as shown in Figure 19); and the second face of the second core layer is fixedly adhered to the second face of the first core layer and the first face of the second core layer is fixedly adhered to the second interior surface of the second substrate layer via one of an adhesive, a lamination process, a plurality of mechanical fasteners, or a heat-activated bonding process (see assembly of components as shown in Figure 19).
Regarding claim 20, the first core layer comprises the plurality of recesses and the plurality of connection members in a first predetermined arrangement; the second core layer comprises the plurality of voids and the plurality of connection members in a second predetermined arrangement; and the first predetermined arrangement and the second predetermined arrangement are identical (see rejections of claims above and see paragraphs 126-127).
Conclusion
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The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Patent No. 12257486, 12263387; US Patent Application Publication No. 2017/0136325, 2018/0104555, 2021,0260452 and 2022/0032141 disclose sports paddle that has body, handle substrates and core (see all Figures).
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas J. Weiss can be reached at (571) 207-1775. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NINI F LEGESSE/Primary Examiner, Art Unit 3711
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