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 .
Claims 1-20 have been examined.
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: 502, 512, 514, 518, 524.
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.
Claim Rejections - 35 USC § 102
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.
Claims 1, 15-17, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Poulin (US Patent 4,195,837).
1. Poulin discloses a personalizing-capable pickleball racquet (“The present invention relates to handles or grips for ball game playing devices, such as golf clubs, racquets or the like, and more particularly to the application of an end cap to the grip or handle section of clubs, racquets or the like”), comprising:
a striking blade (not shown);
a handle (G) connected to the striking blade; and
a butt cap (C) comprising a transparent surface (D) and configured to be attached to the butt end of the handle and to have a customizable nametag (I) inserted behind the transparent surface (“displaying selected indicia I which may be personal initials, monogram, manufacturer's trademark, club identification, or the like” and “Indicia I, as previously described, is to be displayed by the disc D. Such indicia can be applied to the inner surface of the disc D by a coating 23, or the indicia can be provided on a separate disc. In either case, the indicia can be selected as desired, and viewed through the transparent disc”).
15. Poulin discloses the pickleball racquet according to claim 1, wherein the butt cap comprises:
the transparent surface (D);
a backplate (16); and
an opening (at 20) for inserting the nametag (I), wherein the nametag is insertable between the transparent surface and the backplate (Fig 3).
16. Poulin discloses the pickleball racquet according to claim 1, wherein the butt cap comprises:
the transparent surface (D); and
a backplate (16),
wherein the nametag is insertable between the transparent surface and the backplate (Fig 3).
17. Poulin discloses the pickleball racquet according to claim 1, wherein the butt cap comprises:
the transparent surface (D); and
a frame (C).
19. Poulin discloses the pickleball racquet according to claim 1, wherein the customizable nametag (I) can be removed or changed without damaging butt cap.
20. Poulin discloses a butt cap (C) comprising
a transparent surface (transparent disc D) and
configured to be attached to a butt end of a handle (G) of a racquet (“The present invention relates to handles or grips for ball game playing devices, such as golf clubs, racquets or the like, and more particularly to the application of an end cap to the grip or handle section of clubs, racquets or the like”) and
to have a customizable nametag inserted behind the transparent surface (“displaying selected indicia I which may be personal initials, monogram, manufacturer's trademark, club identification, or the like” and “Indicia I, as previously described, is to be displayed by the disc D. Such indicia can be applied to the inner surface of the disc D by a coating 23, or the indicia can be provided on a separate disc. In either case, the indicia can be selected as desired, and viewed through the transparent disc”).
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.
Claims 2-14 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Poulin in view of Rangel et al (US Patent Application Publication 2015/0360082)
2, 7, 8, 10, 13, 14, and 18. Poulin discloses the pickleball racquet according to claim 1, wherein the butt cap comprises:
a frame (C);
a connector (17) configured to be attached to the handle and attach to one or more points of attachment in the handle (11); and
a backplate (16), wherein the nametag is insertable between the transparent surface and the backplate (Fig 3).
However, Poulin does not disclose the connector being inserted into the handle or a backplate removably attached to the frame.
Rangel et al teaches a similar racket having a handle (34) and a butt cap (12) removably and fully embedded into the handle (Fig 6) via a connecting portion (20) engaging attachment points (66) on an internal sidewall of the handle (Fig 6), the butt cap having a backplate (46) attached within a recess (22) of the frame and also comprising logo disc (48) inserted into the recess (22) against the back plate (46) which allows for customization of the racket. Examiner further notes that it has been consistently held that the separation of elements, where removability would be desirable, is a design consideration within the skill of the art. In re Dulberg, 283 F.2d 522, 129 USPQ 348 (CCPA 1961). In this case, being able to remove the backplate (46) to allow it to be replaced in the case of failure would be advantageous to a user so as to not have to replace the entire assembly. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the butt cap and handle of Poulin to have the butt cap removably insertable into the handle and a backplate attached within the recess as taught by Rangel et al to allow a user to easily replace the butt cap and/or its internal elements in the instance of damage or failure.
3. Poulin discloses the pickleball racquet according to claim 2, wherein the transparent surface is integrated with the frame (Fig 3).
4. Poulin discloses the pickleball racquet according to claim 2, wherein the transparent surface is removably attached to the frame (Examiner considers the resilient cap to be configured to allow the disc to be snap fit into the cap and therefore is also configured to be removable therefrom).
5. Poulin discloses the pickleball racquet according to claim 2, wherein, when attached to the handle, perimeter of the frame is flush with the perimeter of the butt end of the handle (Fig 3).
6. Poulin discloses the pickleball racquet according to claim 5, wherein, when attached to the handle, the frame extends the handle (Fig 3).
9. Poulin discloses the pickleball racquet according to claim 8, wherein the transparent surface is flush with the bottom edge of the handle (Fig 3).
11. Poulin discloses the pickleball racquet according to claim 2, wherein a shape of the frame is same as a shape of a perimeter of the bottom end of the handle (Fig 1-3).
12. Poulin discloses the pickleball racquet according to claim 2, wherein the connector is configured to, when being attached to the handle, snap into a groove in an internal sidewall of the handle (Fig 3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Davis et al teaches a similar sports implement handle having a recess in which a disc (26) is placed against a backplate (18) which can either be molded as part of the handle or separably inserted. Nelson et al, Hus, Paselk et al, and Lee also disclose similar sports implement handles having removable and/or customizable butt caps attached thereto.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA T KENNEDY whose telephone number is (571)272-8297. The examiner can normally be reached M-F 7a-4:30p MST.
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.
/JOSHUA T KENNEDY/Primary Examiner, Art Unit 3784 7/9/2026
Prosecution Insights