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 .
Priority
Acknowledgement is made of Applicant’s claim for priority to provisional application no. 63/625,236 filed 25 January 2024.
Election/Restriction
Applicant’s election without traverse of Species A (Figures 1-8) in the reply filed on 27 April 2026 is acknowledged. Claims 4-5 and 7-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
Claims 1-17 is still pending. Claims 4-5 and 7-9 are withdrawn. Claims 1-3, 6, and 10-17 are examined on the merits as follows.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 106 in at least Figures 4-5 and 7. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it contains implied language (“is disclosed” in line 2). A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 1 and 15 are objected to because of the following informalities:
Claim 1, line 5, “weight assembly” should read --weight subassembly--
Claim 15, line 2, “each” should read --each of--
Appropriate correction is required.
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 1-3, 6, and 10-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brown (US 2019/0091536).
Regarding claim 1, Brown teaches a training weight device (mechanism 400) configured to attach to an end of a handle (swingable implement 102), comprising:
a carrier (segment 410);
a housing (chuck 408) coupled to the carrier;
a weight assembly (cap 418) coupled to the housing; and
a plurality of fingers (segments 402) radially disposed at the carrier, the plurality of fingers movably coupled to the carrier wherein the plurality of fingers are configured to tighten about the end of the handle upon the carrier being moved relative to the housing (Fig. 4A. Para. [0039]: “As the chuck 408 is rotated away from the segments 402, the plug 406 spreads the segments 402 apart, and when the chuck 408 is rotated toward the segments 402, it forces them to converge so that they grasp the end of the bat, hockey stick, or other swingable implement 102.”).
PNG
media_image1.png
600
1010
media_image1.png
Greyscale
Regarding claim 2, Brown teaches the training weight device of claim 1, wherein the plurality of fingers is rotationally coupled to the carrier (Fig. 4A: The segments 402 are rotationally coupled to the segment 404 via hinge 404.).
Regarding claim 3, Brown teaches the training weight device of claim 1, wherein the housing is configured to rotate relative to the carrier (Figs. 4A-4B: The chuck 408 is rotatably engaged to the threaded segment 410.).
Regarding claim 6, Brown teaches the training weight device of claim 1, wherein the housing is configured to move linearly relative to the carrier (Figs. 4B-4C shows the chuck 408 linearly moving linearly relative to the segment 410 as it is threaded on the segment.).
Regarding claim 10, Brown teaches the training weight device of claim 1, further comprising an extension weight (weight 414) detachably coupled to both the weight subassembly and the housing (Figs. 4A-4C show weight 414 coupled to the chuck 408 and cap 418.).
Regarding claim 11, Brown teaches the training weight device of claim 10, wherein the extension weight comprises threads (threaded segment 416) at each end of the extension weight (Figs. 4A-4C show an external threaded segment 416 at one end and an internal thread on the other end of the weight 414.).
Regarding claim 12, Brown teaches the training weight device of claim 10, wherein the extension weight is disposed between the weight subassembly and the housing (Figs. 4A-4C).
Regarding claim 13, Brown teaches the training weight device of claim 12, further comprising a plurality of extensions weights wherein each of the plurality of extension weights is disposed between the weight subassembly and the housing (Para. [0039]: “The embodiment further includes a second threaded segment 412 formed on or attached to the bottom of the chuck 408 to which a weight 414 can be attached. The weight 414 includes a third threaded segment 416 that can be covered by a cap 418. In embodiments, additional weights can be attached between the chuck 408 and the end cap 418.” Brown teaches wherein a plurality of weights can be attached between the chuck 408 and the cap 418.).
Regarding claim 14, Brown teaches the training weight device of claim 1, the weight subassembly further comprising a closed end (Fig. 4A: Cap 418 is shown having a closed end.).
Regarding claim 15, Brown teaches the training weight device of claim 1, the weight subassembly further comprising a plurality of internal weights (weights 414) wherein each the plurality of internal weights detachably couples to a hollow interior of the weight subassembly (Para. [0039]: “The embodiment further includes a second threaded segment 412 formed on or attached to the bottom of the chuck 408 to which a weight 414 can be attached. The weight 414 includes a third threaded segment 416 that can be covered by a cap 418. In embodiments, additional weights can be attached between the chuck 408 and the end cap 418.” Brown teaches wherein a plurality of weights can be attached between the chuck 408 and the cap 418. Figs. 4B-4C show wherein the weight 414 detachably couples to a hollow interior of cap 418. Each of the plurality of weights 414 would detachably couple to the cap 418.).
Regarding claim 16 Brown teaches the training weight device of claim 15, the hollow interior of the weight subassembly further comprising internal threads (Figs. 4A-4C show the cap 418 having internal threads.).
Regarding claim 17, Brown teaches the training weight device of claim 16, wherein each of the plurality of internal weights further comprises external threads (threaded segment 416) configured to engage with the internal threads of the hollow interior (Figs. 4A-4C: The threaded segments 416 would each be configured to engage with the internal threads of the cap 418.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Catrina Letterman whose telephone number is (303)297-4297. The examiner can normally be reached Tuesday - Friday, 8am - 5pm MT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn Jimenez can be reached at (571) 272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/C.A.L./Examiner, Art Unit 3784
/Megan Anderson/Primary Examiner, Art Unit 3784
Prosecution Insights