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 § 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)(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.
Claim(s) l -3, 6-8, 10-13, 16-19, 20-23 and 26-28 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Brents et al, US Pub. 2022/0032141.
Regarding claim 1, Brents et al disclose a pickleball paddle having improved impact response comprising: a paddle (600D, Fig. 6A; para[0087] a pickleball paddle 600D'); a core (622, Fig. 6D; para[0087], 'core layer 622'); and at least one metallic lattice structure coupled to the core (624, Fig. 6D - see metallic lattice structure comprising the core layer 624 having a honeycomb structure formed from aluminum, and see how the metallic lattice structure 624 is coupled to the core 622 via the layer 616; para[0087], 'the other core layer 624 is fabricated from polymer or aluminum'; para[0089], 'an optional intermediate layer 616 is placed between the first core layer 622 and the second core layer 624'; para[0091], 'the honeycomb structure of the core material 622 or 624').
Regarding claim 2, Brents et al disclose further teach wherein the at least one metallic lattice structure is directly coupled to the core or indirectly coupled to the core (622, 616, 624, Fig. 6D - see how the metallic lattice structure 624 is indirectly coupled to the core 622 via the layer 616; para[0089], 'an optional intermediate layer 616 is placed between the first core layer 622 and the second core layer 624').
Regarding claim 3, Brents et al further teach wherein the at least one metallic lattice structure includes a metal or metal alloy (624, Fig. 6D - see how the metallic lattice structure 624 comprises a metal, said metal comprising aluminum; para[0087], 'the other core layer 624 is fabricated from polymer or aluminum').
Regarding claim 6, Brents et al further teach the paddle further comprising at least one intermediate layer coupled to the core and the at least one metallic lattice structure (616, Fig. 6D - see intermediate layer 616 coupled to the core 622 and the at least one metallic lattice structure 624; para[0089J, 'an optional intermediate layer 616 is placed between the first core layer 622 and the second core layer 624').
Regarding claim 7, Brents et al further teach the paddle further comprising at least one outer layer coupled to the at least one intermediate layer (612, Fig. 6D - see outer layer 612 coupled to the intermediate layer 616 via the metallic lattice structure 624; para[0087], each face 612 of the paddle 600D uses graphite to increase power. In other words, the material making up each opposing face 612 is the same, or at least provides the same degree of power').
Regarding claim 8, Brents et al further teach the paddle further comprising at least one outer layer coupled to the at least one metallic lattice structure (612, Fig. 6D - see outer layer 612 coupled to the metallic lattice structure 624; para[0087], each face 612 of the paddle 600D uses graphite to increase power. In other words, the material making up each opposing face 612 is the same, or at least provides the same degree of power').
Regarding claim 10, Brents et al further teach wherein the core includes a honeycomb architecture (622, Fig. 6D - see how the core 622 also comprises a honeycomb architecture; para[0091], 'the honeycomb structure of the core material 622 or 624').
Regarding claim 11, Brents et al disclose a composite layer of a paddle (600D, Fig. 6A; para[0087], 'a pickleball paddle 600D') comprising at least one metallic lattice structure (624, Fig. 6D - see metallic lattice structure comprising the core layer 624 having a honeycomb structure formed from aluminum; para[0087], 'the other core layer 624 is fabricated from polymer or aluminum'; para[0089], 'an optional intermediate layer 616 is placed between the first core layer 622 and the second core layer 624'; para[0091], 'the honeycomb structure of the core material 622 or 624').
Regarding claim 12, Brents et al further teach wherein the at least one metallic lattice structure is directly coupled to a core or indirectly coupled to the core (622, 616, 624, Fig. 6D - see how the metallic lattice structure 624 is indirectly coupled to a core 622 via the layer 616; para[0087J, 'core layer 622'; para[0089J, 'an optional intermediate layer 616 is placed between the first core layer 622 and the second core layer 624').
Regarding claim 13, Brents et al further teaches wherein the at least one metallic lattice structure includes a metal or metal alloy (624, Pig. 6D - see how the metallic lattice structure 624 comprises a metal, said metal comprising aluminum; para[0087], 'the other core layer 624 is fabricated from polymer or aluminum').
Regarding claim 16, Brents et al further teaches the composite layer further comprising at least one intermediate layer coupled to the at least one metallic lattice structure (616, Fig. 6D - see intermediate layer 616 coupled to the core 622 and the at least one metallic lattice structure 624; para[0089], 'an optional intermediate layer 616 is placed between the first core layer 622 and the second core layer 624').
Regarding claim 17, Brents et al further teaches the composite layer further comprising at least one outer layer coupled to the at least one intermediate layer (612, Fig. 6D - see outer layer 612 coupled to the intermediate layer 616 via the metallic lattice structure 624; para[0087], each face 612 of the paddle 600D uses graphite to increase power. In other words, the material making up each opposing face 612 is the same, or at least provides the same degree of power').
Regarding claim 18, Brents et al further teaches the composite layer further comprising at least one outer layer coupled to the at least one metallic lattice structure (612, Fig. 6D - see outer layer 612 coupled to the metallic lattice structure 624; para[0087], each face 612 of the paddle 600D uses graphite to increase power. In other words, the material making up each opposing face 612 is the same, or at least provides the same degree of power').
Regarding claim 19, Brents et al further teaches the method further comprising applying at least one intermediate layer coupled to the at least one metallic lattice structure (616, Fig. 6D - see intermediate layer 616 coupled to the core 622 and the at least one metallic lattice structure 624; para[0089], 'an optional intermediate layer 616 is placed between the first core layer 622 and the second core layer 624').
Regarding claim 20, Brents et al disclose method of manufacturing a paddle (600D, Pig. 6A; para[0087], 'a pickleball paddle 600D'), comprising applying at least one metallic lattice structure to a portion of a paddle (624, Fig. 6D - see metallic lattice structure comprising the core layer 624 having a honeycomb structure formed from aluminum, and see how the metallic lattice structure 624 is coupled to a core 622 of the paddle via the layer 616; para[0087], 'the other core layer 624 is fabricated from polymer or aluminum'; para[0089], 'an optional intermediate layer 616 is placed between the first core layer 622 and the second core layer 624'; parar0091 l, 'the honeycomb structure of the core material 622 or 624').
Regarding claim 21, Brents et al further teach wherein applying the at least one metallic lattice structure to a portion of a paddle includes applying the at least one metallic lattice structure directly or indirectly to a core (622, 616, 624, Fig. 6D - see how the metallic lattice structure 624 is indirectly coupled to a core 622 via the layer 616; para[0087], 'core layer 622'; para[0089], 'an optional intermediate layer 616 is placed between the first core layer 622 and the second core layer 624').
Regarding claim 22, Brents et al further teach wherein the core includes a honeycomb architecture (622, Fig. 6D - see how the core 622 also comprises a honeycomb architecture; para[0091], 'the honeycomb structure of the core material 622 or 624').
Regarding claim 23, Brents et al further teaches wherein the at least one metallic lattice structure includes a metal or metal alloy (624, Fig. 6D - see how the metallic lattice structure 624 comprises a metal, said metal comprising aluminum; para[0087], 'the other core layer 624 is fabricated from polymer or aluminum').
Regarding claim 26, Brents et al further teaches the method further comprising applying at least one intermediate layer coupled to the at least one metallic lattice structure (616, Fig. 6D - see intermediate layer 616 coupled to the core 622 and the at least one metallic lattice structure 624; para[0089], 'an optional intermediate layer 616 is placed between the first core layer 622 and the second core layer 624').
Regarding claim 27, further teach the method further comprising applying at least one outer layer to the at least one intermediate layer (612, Fig. 6D - see outer layer 612 coupled to the intermediate layer 616 via the metallic lattice structure 624; para[0087], 'Each face 612 of the paddle 600D uses graphite to increase power. In other words, the material making up each opposing face 612 is the same, or at least provides the same degree of power').
Regarding claim 28, Brents et al further teach the method further comprising applying at least one outer layer to the at least one metallic lattice structure (612, Fig. 6D -see outer layer 612 coupled to the metallic lattice structure 624; para[0087J, 'Each face 612 of the paddle 600D uses graphite to increase power. In other words, the material making up each opposing face 612 is the same, or at least provides the same degree of power').
Regarding claim 29, Brents et al further teaches the method further comprising applying at least one intermediate layer coupled to the at least one metallic lattice structure (616, Fig. 6D - see intermediate layer 616 coupled to the core 622 and the at least one metallic lattice structure 624; para[0089], 'an optional intermediate layer 616 is placed between the first core layer 622 and the second core layer 624').
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.
Claim(s) 4-5, 14-15, and 24-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brents et al. The teachings of Brents et al have been discussed above.
Regarding claims 4-5, 14-15, and 24-25, Brents et al fails to disclose the specific type of metal, such as titanium and/or treated metal. However, the type of metal is just merely a matter of choice for meeting specific customer requirements. For instance, titanium provides strength yet very light weight and provides excellent resistance to corrosion. Therefore, it would have been an obvious extension as taught by the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Gottlied, US Patent No. 10,450,042, discloses a paddle with metal reinforcement. Albers et al, US Patent No. D738,957, a paddle as a transaction product.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL ST CYR whose telephone number is (571)272-2407. The examiner can normally be reached M to F 8:00-8:00.
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DANIEL ST CYR
Primary Examiner
Art Unit 2876
/DANIEL ST CYR/Primary Examiner, Art Unit 2876
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