DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 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.
Claims 1 and 11 recite the limitation “a second transition region surrounding both a portion of the first transition region and a portion of the intermediate region and having a second varying thickness; an outer region surrounding the second transition region and having an outer region thickness that is constant; wherein the second varying thickness increases in thickness from the portion of the first transition region and the portion of the intermediate region to an outer region and having a second varying thickness;” where “an outer region” and “a second varying thickness” had been recited twice, causing confusion.
Claims 1 and 11 recite the limitation " the z-axis". There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation “from 260 degrees to 310 degrees.” It is not clear what coordinate system is being referred to with this angle range.
Claim 11 recites the limitation “from 140 degrees to 220 degrees a first transition included angle is greater than 4 degrees.” It is not clear what coordinate systems are being referred to respectively with the angle range “from 140 degrees to 220 degrees” and “angle is greater than 4 degrees”.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bacon et al. [US20220062722], hereinafter Bacon.
Regarding claims 1 and 11, Bacon discloses a golf club head (Fig. 1), comprising:
a strike face (Fig. 1, face 142), comprising: a central region including a geometric center of the strike face and having a central region thickness that is constant (Figs. 4 and 5 and [0041], “The central region 168 comprises a central thickness that can vary and/or remain constant”);
a first transition region surrounding the central region and having a first varying thickness (Figs. 4 and 5, region between 168 and 166, with boundary 174 showing varying thickness in Fig. 5); and
an intermediate region surrounding the first transition region and having an intermediate region thickness that is constant (Figs. 4 and 5, intermediate region 166);
a second transition region surrounding both a portion of the first transition region and a portion of the intermediate region and having a second varying thickness (Figs. 4 and 5, region 164 showing varying thickness in Fig. 5);
an outer region surrounding the second transition region and having an outer region thickness that is constant; wherein the second varying thickness increases in thickness from the portion of the first transition region and the portion of the intermediate region to an outer region and having a second varying thickness (Figs. 4 and 5, [0038], “The perimeter region 162 comprises a perimeter thickness that is constant and defines the boundary of the perimeter region 162”);
wherein the central region thickness comprises a maximum thickness, the intermediate region comprises a minimum thickness, the outer region comprises a thickness greater than the intermediate region thickness and less than the central region thickness, the first varying thickness is between the maximum thickness and the minimum thickness, and the second varying thickness is between the minimum thickness and the outer region thickness (Fig. 5);
the first transition region extends outwards from a central region perimeter, wherein the distance the first transition region extends varies depending on an angle formed between the z-axis and an imaginary line formed extending from the face center to a first transition region perimeter wherein (Figs. 1 and 4).
However, Bacon does not explicitly disclose from 260 degrees to 310 degrees a theoretical first transition length is greater than 21 mm; or from 140 degrees to 220 degrees a first transition included angle is greater than 4 degrees.
Bacon discloses different embodiments with different intermediate region shapes (Figs. 4 and 11, [0063], “In other embodiments, the intermediate region 166 can extend discontinuously around the striking surface 144. In these embodiments, the intermediate region 166 can comprise one or more intermediate region zones 166 comprising the constant intermediate thickness. For example, the one or more intermediate region zones 166 can comprise one, two, three, four, or five intermediate region zones 166. In these embodiments, the intermediate region 166 may not extend 100% around the striking surface 144. In these embodiments, the intermediate region 166 can extend greater than 50%, greater than 55%, greater than 65%, greater than 70%, greater than 75%, greater than 80%, greater than 85%, greater than 90%, or greater than 95% around the striking surface 144. In other embodiments, the intermediate region 166 can extend 50% to 75%, or 75% to 100%. In other embodiments, the intermediate region 166 can extend 50% to 100%, 60% to 100%, 70% to 100%, 80% to 100%, or 90% to 100% around the striking surface 144. In other embodiments, the intermediate region 166 can extend 50% to 70%, 60% to 80%, 70% to 90%, or 80% to 100% around the striking surface 144”). These different intermediate region shapes will result in different first transition region perimeter (174 in Figs. 4 and 11). It appears that one of ordinary skill in the art would have had a reasonable expectation of success in modifying the Bacon club head to have a transition length and angle as claimed in claims 1 and 11, as it involves only adjusting the dimension of a component disclosed to require adjustment. Therefore, it would have been obvious to one having ordinary skill in the art at the time of the invention to modify the club head of Bacon by making different shapes of the intermediate region to achieve the transition length and angle as claimed in claims 1 and 11 as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding claims 2-10 and 12-20, Bacon discloses the golf club head of claims 1 and 11. However, Bacon does not explicitly disclose the claimed ranges as claimed in claims 2-10 and 12-20.
Bacon discloses different embodiments with different outer region coverages ([0053]) and different intermediate region coverages ([0063]). Bacon also discloses different thickness configurations ([0048], [0058], [0061], [0062], [0069], [0070]). The combinations of all different configurations can lead to numerous different thickness slopes, transition run/length, and surrounding areas. It appears that one of ordinary skill in the art would have had a reasonable expectation of success in modifying the Bacon club head to have the claimed ranges as claimed in claims 2-10 and 12-20, as it involves only adjusting the dimensions of components disclosed to require adjustment. Therefore, it would have been obvious to one having ordinary skill in the art at the time of the invention to modify the club head of Bacon by trying different configurations to achieve the claimed ranges as claimed in claims 2-10 and 12-20 as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YINGCHUAN ZHANG whose telephone number is (571)272-1375. The examiner can normally be reached 8:00 - 4:30 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas Weiss can be reached at (571) 270-1775. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YINGCHUAN ZHANG/Primary Examiner, Art Unit 3711