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 Objections
Claim 1 is objected to because of the following informalities:
Claim 1 recites, “a baseball bat body of a hollow cavity structure” describes a baseball bat body within, or integrated into, a hollow cavity structure of some kind. This limitation is interpreted, “a hollow cavity structure of a baseball bat body.”
Appropriate correction is required.
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 1–4 are rejected under 35 U.S.C. 103 as being unpatentable over Gill (US 8764588 B2) in view of Arner et al. (US 20150151178 A1).
As to claim 1, Gill teaches a uniformly luminous baseball bat.
The invention may be embodied in a baseball-type game set that includes a bat which is selectively illuminatable, and a ball that illuminates when impacted, such as by the bat.
. . .
The invention may be embodied in illuminated or illuminatable game-playing apparatuses, or in games using such apparatuses, FIGS. 1, 13 and 14 show a set of game-playing apparatuses in the form of an illuminatable bat/ball set 100 for use in an illuminated baseball-type game in accordance with an exemplary embodiment of the invention.
. . .
It is found that the position of the glowing LEDs cause a light piping effect with the wall of the striking shank and cause the entire shank to glow when the LEDs are illuminating. Further, the positioning of the LEDs adjacent the thicker wall T1 at the base, together with the gradual and continuous tapering down of the striking shank's wall thickness T2 toward the striking portion end of the main housing provides an almost perfectly balanced glow to the entire shank. The difference in thickness between the wall at T1 and at T2 is too fine to recognize at the scale of the drawings. While one would expect the striking shank to be brighter immediately around the LEDs, the entire shank is found to glow with virtually homogenous brightness as a result of this unique arrangement and construction.
(column 1, line 31–35; column 2, line 41–46; column 4, line 3–17; Fig. 1, 3–5) (emphasis added). Gill also teaches that the uniformly luminous baseball bat comprises:
a hollow cavity (“hollow blow-molded elongate striking shank 108 integrally blow-molded with a hollow cylindrical hilt 110”) of a baseball bat body (“main housing 106”); (column 2, line 62–65; Fig. 2–5); wherein at least a part of
a side wall (“translucent hollow striking shank of the main housing”) of the cavity is made of a translucent or semi-translucent material; (column 3, line 25–26);
the baseball bat body comprises
a first connector (“open terminus 120 of the main housing [106]”); (column 3, line 12–13);
a light-emitting module (“LED module 126” along with a “polymeric fitting 124” and a “handle housing 114”); (column 3, line 21); and
the light-emitting module is connected to the baseball bat body (“the handle housing opposite the pommel is adapted to receive, by snap fit, polymeric fitting 124, into which is positioned and glued the bat's LED module 126. The fitting may be removed by prying from the handle housing [114], such as to service the LED module. As seen best in FIG. 3, the LEDs 134 of the LED module are positioned within hollow base 128 of the translucent hollow striking shank [108] of the main housing [106] when the handle housing [114] is fully inserted into the hilt.”); (column 3, line 19–27);
and the light-emitting module emits light, and the light propagates inside the cavity structure and penetrates through the translucent or semi-translucent material. (“striking of the bat against an object or surface will cause activation of the inertia switch, which in turn will activate a timer within the IC to energize and continuously illuminate the LEDs for thirty seconds. Such illumination of the LEDs causes the bat's translucent main housing to glow.”); (column 36, line 56–60).
Gill does not teach that
the light-emitting module is arranged at the first connector of the baseball bat body, and that
the light-emitting module is detachably connected to the baseball bat body.
Arner teaches the light-emitting module arranged at the first connector of a lacrosse shaft.
[The lacrosse shaft embodiment in Fig. 1C] differs from the lacrosse shaft embodiments of FIGS. 1A and 1B in that the end cap or protector 14B includes a light source 18, a switch 16, an electronic circuit 15, a battery 17, and an optional electronic controller 15A, for activating light source 18. The inventive lacrosse shaft also may include the aforementioned light source 18, a switch 16, an electronic circuit 15, a battery 17, and an optional electronic controller 15A, for activating light source 18 in the hollow of the butt end 14 . . . .
(paragraph 46; Fig. 1C).
It would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention to modify Gill by locating the light-emitting module, as taught by Arner, at the first connector of the baseball bat body (by shortening the “handle housing 114” of Gill in Fig. 1), to maximize the distance between, an impact location of a ball on the baseball bat, and the light-emitting module, thereby reducing vibration that reaches the light-emitting module (compared with locating the light-emitting module closer to the impact location).
It would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention to further modify Gill, already modified by the preceding paragraph, by detachably connecting the light-emitting module to the baseball bat body because it would have been obvious to make convenient replacing the light-emitting module. MPEP 2144.04 (V)(C).
As to claim 2, Gill as modified to reject claim 1 above, does not teach that the light-emitting module comprises a mounting base, nor does it teach a fastening unit.
Gill itself teaches that the light emitting module (“LED module 126” along with a “polymeric fitting 124” and a “handle housing 114”) comprises:
a mounting base (“polymeric fitting 124”) with one end thereof inserted into the baseball bat body;
a light source unit (“LED module 126”), which is mounted on the mounting base and arranged in the hollow cavity structure together with the mounting base (the “LED module 126” is glued to a “polymeric fitting 124,” which in turn is connected by “snap fit” to the mounting base, “handle housing 114,” and when the “handle housing 114 is fully inserted into the hilt,” then the “LED module 126” is within “hollow base 128 of the translucent hollow striking shank of the main housing [106]”); (column 3, line 19–27);
a “handle housing 114” that slides into the “open terminus 120 of the main housing . . . until the pommel abuts the open terminus [120]”; (column 3, line 9–18); and
both the mounting base (“polymeric fitting 124”) and the light source unit (“LED module 126”) are arranged between the “handle housing 114” and the baseball bat body (“main housing 106”); (Fig. 1).
Instead of a fastening unit connected to the first connector, Arner teaches that the “end cap slips over the butt end” of the lacrosse shaft, and the “end cap or protector 14B includes a light source 18.” (paragraph 46). However, Arner also teaches that
interchangeable lacrosse heads 30 are attached to the illuminating lacrosse shaft 10 using a fastening means 40, as known to the skilled artisan. For example, the head may be attached conventionally whereby the head slips over the top 12 of the shaft and is secured thereon using a simple screw. Alternatively. the top end 12 may be formed with a helical ridge or thread 11, configured to mate with a complementary internal thread 11 formed on an inner surface of the head 30, which receives the top end 12.
(paragraph 40; Fig. 1A) (emphasis added). A person of ordinary skill would have known that just as the “lacrosse heads 30” could be attached to the “illuminating lacrosse shaft 10” using different “fastening means 40,” including a “helical ridge or thread 11, configured to mate with a complementary internal thread 11,” so too could the “end cap” connect to the “butt end” of the lacrosse shaft by mating complementary threads.
It would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention to further modify Gill, already modified by the rejection to claim 1, by employing a light-emitting module that comprises, as taught by Gill: a mounting base, with one end thereof inserted into the baseball bat body; a light source unit, which is mounted on the mounting base and arranged in the hollow cavity structure together with the mounting base; and both the mounting base and the light source unit are arranged between the first connector (which was taught by the modified Gill to reject claim 1) and the baseball bat body as taught by Gill: to illuminate the baseball bat; and to secure the light-emitting module to the location that maximizes the distance between, the impact location of the ball on the baseball bat, and the light-emitting module, thereby reducing vibration that reaches the light-emitting module (compared with locating the light-emitting module closer to the impact location).
It would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention to further modify Gill, already modified by the preceding paragraph, by employing a fastening unit connected with the first connector as taught by Arner (so that the mounting base and the light source unit are arranged between the fastening unit and the baseball bat body): to securely connect the light-emitting module to the first connector of the baseball bat body.
As to claim 3, Gill as modified to reject claim 2 above, already teaches the light source unit but not the claim 3 limitations that narrow the light source unit.
Gill itself teaches some of the claim 3 limitations. Gill teaches that the light source unit (“LED module 126”) comprises:
a spotlight assembly (“LED module 126”), which is mounted inside the mounting base (“polymeric fitting 124”); (column 3, line 9–23; Fig. 1, 3–5); and comprises
a light-emitting lamp (“LEDs 134”), (column 3, line 24–30; Fig. 3–5).
Arner teaches
a condensing lens (“condenser, collector or collimator 32”), and implicitly teaches that the condensing lens is mounted on the mounting base and located inside the baseball bat body:
FIG. 3B depicts an embodiment of a lacrosse shaft 10'''' which . . . include[s] a light condenser, collector or collimator 32, which is in a form of a cone-like collimator for collecting light directed upwards from a light source included on a butt end 14 and directs the light axially upwards. Alternatively, light condenser or collimator 32 may be positioned at an upper end of the shaft to collect light from a source 18 at or proximate the top end 14, collecting and directing collimated light downwards.
(paragraph 57; Fig. 3B) (emphasis added); thus, as described by the preceding quote, Arner teaches that a condensing lens may be positioned in the vicinity of a light source;
a light-emitting lamp (“light source 18 (e.g., LED light sources)”); (paragraph 41); wherein
light emitted by the light-emitting lamp penetrates through the condensing lens and enters the hollow cavity structure (paragraph 57; Fig. 3B).
It would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention to further modify Gill, already modified to reject claim 2, by employing a spotlight assembly as taught by Gill, mounted inside the mounting base, and that comprises a light-emitting lamp: to securely connect the spotlight assembly to the baseball bat body and to effectively illuminate the baseball bat.
It would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention to further modify Gill, already modified by the preceding paragraph, by employing as taught by Arner, a condensing lens located inside the baseball bat body: to more effectively illuminate the baseball bat.
It would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention to further modify Gill, already modified by the preceding paragraph, by employing as implicitly taught by Arner, a condensing lens mounted on the mounting base: to more effectively illuminate the baseball bat.
As to claim 4, Gill as modified to reject claim 3 above, teaches a region of the baseball bat body near the end that is away from the “pommel 116” (when the “pommel 116” is installed in the baseball bat) that is integrated into the rest of the baseball bat body but does not teach a cover, nor does it teach the other claim 4 limitations.
Arner teaches a first connector (“butt end 14” to which connects the “end cap or protector 14B” described in paragraph 46; Fig. 1C, 5), and a cover (“top end 12” of the lacrosse shaft is a cover integrated into the lacrosse shaft) arranged at one of the lacrosse shaft away from the first connector, and a reflective surface is arranged on an inner wall of the cover:
Preferably, the surfaces at both the butt end 14 and a top end 12 are reflective (e.g. comprise reflective coatings), or include reflective materials positioned there, such as metallic foils/plate, in order to reflect light from the at least one light source 18 for illuminating, which light is directed substantially axially between the respective reflective surfaces (or metal foils/plate) 13. Such illumination between two reflective surfaces mimics laser operation in the lacrosse shaft 10’’. As seen in FIG. 1C, the illumination part of light source 18 extends from the center of a plane of coating or foil 13 in the direction of top end 12 of shaft 10’’.
(paragraph 45; Fig. 1C, 1D, 1E, 1G, 5). Arner implicitly teaches an optical path formed between the reflective surface and the condensing lens (“light condenser, collector or collimator 32”) because Arner also teaches the embodiment of Fig. 3B that includes the condensing lens.
It would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention to further modify Gill, already modified to reject claim 3, by employing a cover arranged at one end of the baseball bat body away from the first connector because, such a modification would have made separable a region of the baseball bat body from the rest of the baseball bat body, that would have been desirable to more conveniently install a device within the cavity and away from the first connector, such as a reinforcement structure or a device measuring a physical property during use, that physical property being, for example, energy absorbed by the baseball bat upon its impact with a ball. MPEP 2144.04 (V)(C).
It would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention to further modify Gill, already modified by the preceding paragraph, by employing as taught by Arner, a reflective surface is arranged on an inner wall of the cover, and by forming as taught by Arner, an optical path between the reflective surface and the condensing lens: to more effectively illuminate the baseball bat.
Claims 5 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Gill and Arner, and further in view of Moritz et al. (US 9956464 B2).
As to claim 5, Gill as modified to reject claim 4 above, teaches that the condensing lens connects to the mounting base, but does not teach specific structure to connect the two structures.
Moritz teaches a baseball bat, “or other form of ball bat” with a “luminescent layer 13.” (column 1, line 61–65). Moritz also teaches
a first clamping clip (“female slots 136” in “cup 122”) arranged along an inner edge (“sidewalls 126”) of an end of the “cup 122”;
an annular convex column (“post 142”) is arranged at one end of the “cover 124”;
a second clamping clip (“bayonet tabs 144”) arranged on an outer side of the annular convex column (“post 142”), and
the “cover 124,” by means of the first clamping clip and the second clamping clip, is fixed to an end portion of the “cup 122” in a clamped manner. (column 10, line 66–67; column 11, line 1–20; Fig. 5–8).
A person of ordinary skill would have known that the fastening structures taught by Moritz could have been applied to other structures.
It would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention to further modify Gill, already modified to reject claim 4, by employing, as implicitly taught by Moritz, a clamping clip arranged along an inner edge of one end of the mounting base, an annular convex column arranged at one end of the condensing lens, a second clamping clip arranged on an outer side of the annular convex column, and fixing the condensing lens, by means of the first clamping clip and the second clamping clip, to an end portion of the mounting base in a clamped manner: to secure the condensing lens to the mounting base, and conveniently detach the lens from the mounting base.
As to claim 8, Gill as modified to reject claim 4 above, already teaches the fastening unit (Arner’s “end cap” with threads) that is mounted through threaded connection as taught by Arner, onto the first connector (Gill’s “open terminus 120 of the main housing [106]” modified by Arner to have threads). Gill as modified to reject claim 4 above, already teaches the cover (region of baseball bat, made separable, that is near the end that is away from the “pommel 116,” when the “pommel 116” is installed in the baseball bat).
Gill as modified to reject claim 4, does not teach an extending ring edge, nor does it teach a second connector, nor does it teach how the cover is mounted to the baseball bat body.
Arner teaches that the “lacrosse shaft 10” has a
top end 12 [that] may be formed with a helical ridge or thread 11, configured to mate with a complementary internal thread 11 formed on an inner surface of the head 30, which receives the top end 12. Alternatively, the head 30 may be configured to be inserted into an opening in top end 12, where the external thread is found on an outer surface of the head for mating with an inner thread formed in the shaft opening.
(paragraph 40; Fig. 4C). Thus, Arner teaches that the “head 30” may have a thread on an outer surface, that complements with a thread on an inner surface of the lacrosse shaft, or vice versa. A person of ordinary skill would have understood that a thread, as taught by Arner, on an outer surface, would have comprised an extending ring edge.
Moritz teaches a baseball bat, “or other form of ball bat” with a “luminescent layer 13.” (column 1, line 61–65). Moritz also teaches
an inner edge (“sidewalls 126”) of a second connector (end of the “cup 122”);
an annular convex column (“post 142”) is arranged at one end of a cover (“cover 124”);
an outer side of the annular convex column (“post 142”), and that
the “cover 124” connects to an end portion of the “cup 122.” (column 10, line 66–67; column 11, line 1–20; Fig. 5–8).
It would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention to further modify Gill, already modified to reject claim 4, by employing as taught by Arner, an extending ring edge that extends outward and by providing as taught by Arner, that the fastening unit abuts against the extending ring edge because such a modification would have been, as taught by Arner, an obvious matter of design choice: leaving unmodified the operation of the fastening unit. MPEP 2144.04 (VI)(C). Motivation for this modification would have been to provide a functioning pair of mating threaded structures.
It would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention to further modify Gill, already modified by the preceding paragraph, by employing as taught by Moritz, a second connector arranged at a tail end of the baseball bat body: to prevent the cover located at the tail end of the baseball bat body from leaving the baseball bat body when swinging the baseball bat.
It would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention to further modify Gill, already modified by the preceding paragraph, by providing that the cover mounts as taught by Arner, on the second connector through threaded connection: to secure the cover to the baseball bat body.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Gill, Arner, and Moritz, and further in view of Finch et al. (US 20240261646 A1).
As to claim 6, Gill as modified to reject claim 5 above, teaches the spotlight assembly but fails to teach a charging connector.
Finch teaches “an illuminated paddle” for ping pong or tennis, among others, that includes
a light source assembly disposed at an end of the handle portion, the light source assembly comprising at least one light source, and a light pipe disposed within at least a portion of the channel of the frame, wherein the light pipe is optically coupled to the at least one light source.
. . .
An electronics housing 105 maintains a charger port 107 , control electronics, and one or more light sources 152 (see FIG. 9 ) that are optically coupled to the light pipe 115. . . .
. . .
Additionally, the handle portion 104 includes an electronics housing 105. . . . The electronics housing 105 is located on the end of the handle portion 104 opposite the paddle portion 102 of the paddle 100. However, in some embodiments, the electronics housing 105 may be disposed within the handle portion 104 and/or the paddle portion 102 at different locations. . . . The electronics housing 105 encapsulates within a housing material the electronics for providing illumination to the paddle 100 . In some embodiments, for example, rechargeable versions of the paddle 100 , the electronics housing 105 includes an opening in the housing material for providing access to a charger port 107. . . .
. . .
The charger port 107 is electrically and mechanically coupled to the PCB 150 . The charger port 107 may be a mini-USB, a micro-USB, or a USB-C type port. The charger port 107 enables the battery 135 to be charged from an external power source. The charger port 107 is accessible through an opening in the housing material of the electronics housing 105.
(paragraph 4, 36, 38, 60; Fig. 1, 8–9, 15). Thus, Finch teaches a charging connector (“charger port 107”) arranged at an end of the spotlight assembly (“light sources 152” or “electronics housing 105” that comprises “light sources 152”) away from the paddle body (“The electronics housing 105 is located on the end of the handle portion 104 opposite the paddle portion 102 of the paddle 100.”) and the fastening unit (“electronics housing 105”) is provided with a first receding opening (“opening in the housing material of the electronics housing 105”) for placing the charging connector. (paragraph 4, 36, 38, 60; Fig. 1, 8–9, 15).
It would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention to further modify Gill, already modified to reject claim 5, by employing, as taught by Finch, a charging connector arranged at one end of the spotlight assembly away from the baseball bat body, and the fastening unit provided with a first receding opening for placing the charging connector: to gain access to a charging connector that charges a battery in the baseball bat without disassembly of the baseball bat to charge the battery.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Gill, Arner, Moritz, Finch, and further in view of the machine-generated translation into English of Nikolovski (FR 3055217 A1) and Barry et al. (GB 2509719 A). Please note that a citation to Nikolovski is a citation to its machine-generated translation into English, except that a citation to a Nikolovski figure is a citation to the original Nikolovski.
As to claim 7, Gill as modified to reject claim 6 above, already teaches the spotlight assembly and fastening unit but not an insulation sheet.
Nikolovski teaches a
ping-pong racket capable of simultaneously measuring several parameters characterizing the technical gesture at the moment of impact such as the face struck, the position of an impact on the face, . . . . It also offers a solution for optimizing the racket's power consumption, which can be put into standby mode and woken up simply by crossing a threshold acceleration value for a predetermined duration.
. . .
Drill holes 65 and 66 respectively provide access to a USB connector and a micro slide switch whose function 25 is to completely cut off the power supply to the racket when it is not used for several months or when the racket is constantly shaken during transport which would risk unnecessarily keeping the power supply in the active "on" state.
(page 6, 15; Fig. 2A) (emphasis added). Nikolovski teaches a “micro slide switch” that is arranged at one end of an “electronic processing board 90” away from the circular portion of the “percussion blade” (or circular portions of “blades 5 and 6”), and the “handle made up of its shell elements 50 and 60” is provided with a receding opening (“[d]rill hole[] . . . 66”) for placing the “micro slide switch.” (page 6, 13–16; Fig. 1A, 1B, 1C, 1D, 2A, 5).
Barry teaches an
inflatable expansible membrane body with a neck inlet port to allow entry of air or gas with a self-contained light emitting source inserted into the membrane body whereupon the light emitting source is capable of free movement within the inflated membrane body in response to user movement of the balloon upon an air or gas tight seal applied to the inlet neck. Preferably the self-contained light emitting source is powered by at least one or two batteries with an insulating material initially located between the battery or batteries and the light emitting source to prevent the light emitting source activating until the insulating material is withdrawn. The strip of insulating material extends through the neck inlet port and provides a base so that it can easily be grasped and withdrawn.
. . .
Figure 3 shows another projection of the same tetragonal disphenoid enclosure 4 containing the light emitting source 3 with the insulator material 5 in its initial position inserted in order to break the circuit to prevent batteries 6 activating the light emitting source, the travelling direction of the insulator being indicated by an arrow. The membrane 1 is not depicted.
(page 1; Fig. 3) (emphasis added).
It would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention to further modify Gill, already modified to reject claim 6, by employing as taught by Nikolovski, a “micro slide switch” arranged at one end of the spotlight assembly away from the baseball bat body, and the fastening unit is provided with a second receding opening for placing the “micro slide switch”: to conveniently access the “micro slide switch” while also maximizing the distance between, an impact location of a ball on the baseball bat, and the “micro slide switch,” thereby reducing vibration that reaches the “micro slide switch” (compared with locating the “micro slide switch” closer to the impact location); and to prevent as taught by Nikolovski, draining the energy source if the baseball bat is “shaken during transport.”
It would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention to further modify Gill, already modified by the preceding paragraph, by employing as taught by Barry, an insulation sheet (instead of Nikolovski’s “micro slide switch”): to reduce the production cost of the baseball bat.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Gill and Arner, and further in view of Miao (US 11691053 B2) and Moritz.
As to claim 9, Gill as modified to reject claim 2 above, teaches the mounting base, light-emitting module, the baseball bat body, and the fastening unit, but does not teach the other limitations in claim 9.
Gill itself teaches a through opening (opening in “polymeric fitting 124” into which “LED module” is glued; column 3, line 19–23; Fig. 4–5) for insertion of the light-emitting module (“LED module”). Gill also teaches that the fastening unit (“handle housing [114] includes pommel 116 and tube 118. The tube is sized and shaped to be inserted into the open terminus 120 of the main housing and slid within the main housing's hilt until the pommel abuts the open terminus and grip” at column 3, line 10–14; Fig. 1, 3) is provided with an external baffle ring (“pommel 116” at Fig. 1, 3) for better abutting against the first connector (“open terminus 120”).
Miao teaches connecting a golf club head to a golf club shaft:
Referring to FIGS. 6-7, a perspective view of the apparatus 100 affixed to the golf club shaft 112 in one embodiment is disclosed. In one embodiment, the hosel adapter 106 and shaft adapter 108 are further configured to rotatably affix relative to one another through engagement of the first and second anti-rotation members (118 and 120), respectively. In one embodiment, the fastener 110, for example, a nut and/or a bolt, is configured to threadably engage to the hosel adapter 106 via the plurality of threads using at least one O-ring 126, thereby securing the club head 102 and the golf club shaft 112 together by inserting the shaft adapter 108 into the hosel adapter 106.
(column 5, line 41–52; Fig. 6–7). Fig. 7 shows an anti-slip pattern arranged on an outer side face of the “fastener 110.”
Moritz teaches convex ribs (“ribs 66”) arranged on an outer side face of “element 20,” that is inside the baseball bat body of Moritz, just as the mounting base is inside the baseball bat body of the instant disclosure.
As shown by FIG. 2, the element 20 defines a longitudinally extending through bore 60 for receiving the handle portion 16. The barrel engaging region 52 of the element 20 can include a tubular wall 62 that also defines the bore 60, and an outer wall 64 that is spaced apart from the tubular wall 62 by at least one rib 66. The rib 66 can extend radially with respect to the axis 14 from the tubular wall 62 to the outer wall 64. In an example embodiment, the tubular wall 62 and the outer wall 64 define one or more cavities 72 between the ribs 66, or between the tubular wall 62 and the outer wall 64. The cavities 72 preferably extend at least 40 percent of the length of the element 20. In alternative example embodiments, the cavities can extend over less than 40 percent of the length of the element 20 or more than 40 percent of the length of the element 20. In one implementation, the element 20 has eight ribs 66. In alternative example embodiments, the number of ribs 66 can be one, two, three, four, five or more. Preferably, the ribs 66 are evenly spaced or angled apart about the element 20. The ribs 66 provide structural integrity to the element 20 while allowing less material to be used, reduced weight and lower material cost to produce the element 20.
(column 6, line 41–62; Fig. 2) (emphasis added). Moritz also teaches a fitted insertion (“press-fit” connection between the “end cap 30” and the “distal region 38” of the baseball bat body at column 3, line 36–43; Fig 1, 3, 11–12).
It would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention to further modify Gill, already modified to reject claim 2, by providing as taught by Gill, a through opening in the mounting base for insertion of the light-emitting module: to further secure, or protect from vibration, the light-emitting module.
It would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention to further modify Gill, already modified by the preceding paragraph, by employing as taught by Moritz, a fitted insertion of the light-emitting module in the through opening: to further secure the light-emitting module within the mounting base.
It would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention to further modify Gill, already modified by the preceding paragraph, by providing an external baffle ring on an end portion of the mounting base away from the baseball bat body (for better abutting against the first connector) because such a modification would have been an obvious duplication of parts, duplicating the “pommel 116” of Gill on the mounting base of Gill, and no “new and unexpected result” would have been produced. MPEP 2144.04 (VI)(B). Motivation for such a modification would have been to further secure the mounting base within the baseball bat body.
It would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention to further modify Gill, already modified by the preceding paragraph, by employing a plurality of anti-slip patterns as taught by Miao, on an outer side face of the fastening unit: to facilitate fastening of the fastening unit to the baseball bat body.
It would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention to further modify Gill, already modified by the preceding paragraph, by employing convex ribs as taught by Moritz, on an outer side face of the mounting base: to provide as taught by Moritz, structural integrity to the mounting base while lowering the cost to produce the mounting base.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Gill and Arner, and further in view of Cooper (US 7066734 B1).
As to claim 10, Gill as modified to reject claim 3 above, already teaches a condensing lens and light-emitting lamp but not how the two connect.
Cooper teaches that one end of a condensing lens member (“lens 19” plus “snap-on adapter 18”) is provided with a groove (“recess 36”) for insertion of the light-emitting lamp (“light source 17”) through snap-in connection. (column 5, line 1–32; Fig. 1, 1a, 2).
It would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention to further modify Gill, already modified to reject claim 3, by employing as taught by Cooper, a condensing lens member, provided with a groove on one end, for insertion of the light-emitting lamp through snap-in connection: to provide a baseball bat glow that is preferable (compared with a baseball bat glow resulting from the light-emitting lamp inserted into the condensing lens) under lighting of some use condition.
It would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention to further modify Gill, already modified by the preceding paragraph, by employing a condensing lens provided with a groove on one end, for insertion of the light-emitting lamp through snap-in connection because, such a modification would have integrated a snap-in connection structure into the condensing lens, and thus would have been a matter of obvious engineering choice; additionally, integrating snap-in connection structure into the condensing lens would not have shown an “insight that was contrary to the understandings and expectations of the art.” MPEP 2144.04 (V)(B). Motivation for such a modification would have been to eliminate an assembly step, to eliminate a failure point in the connection between lens and the “snap-on adapter” of Copper, or to provide a baseball bat glow that is preferable (compared with a baseball bat glow resulting from the lens member connected to the light-emitting lamp) under lighting of some use condition.
Conclusion
Prior art that is not relied upon but considered relevant to the instant disclosure:
Laurence (US 2014111978 A1) provides motivation for securing the light-emitting module, light source unit, spotlight assembly, or light-emitting lamp, to structure in the baseball bat body: “The plastic end caps 18 further provide protection of the LEDs 16 from the shocks associated with paddling which may act to dislodge the LEDs 16 from their position.” (paragraph 39).
Aigotti (US 6770002 B2) “the inventive bat is provided so as to have a small diameter stream of light extend through the central axis from one end to the other. The formation of the light stream emitting out the knob end of the bat will allow the batter to correctly align the knob of the bat with the ball during the initial movement of a swing.” (column 1, line 56–61).
Kuwabara (US 8678958 B2)
Freer et al. (WO 9324183 A1)
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/ENRICO MIOTTO/Examiner, Art Unit 3711
/NICHOLAS J. WEISS/Supervisory Patent Examiner, Art Unit 3711
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