DETAILED ACTION
1. This Office Action is sent in response to Applicant’s communication received on 03/13/2025 for application number 19/079,055. The Office herby acknowledges receipt of the following and placed of record in file: Specification, Drawings, Abstract, Oath/Declaration, and claims.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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 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.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 07/25/2025 is in accordance with provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
4. Claim 20 is objected to because of the following informalities: Claim 20 is missing a period. Appropriate correction is required.
Claim Rejections - 35 USC § 102
5. 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.
6. Claim(s) 1-6, 9-14, 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Spackman et al., [US Pub. No.: 2025/0269254 A1].
Re. Claim 1, Spackman et al., [US Pub. No.: 2025/0269254 A1] discloses:
A pickleball paddle [Fig. 1 pickleball paddle] comprising: a core [The core 134 may provide structural rigidity to the paddle, and may be formed of one or more core materials that produce a desired impact response to a ball |0029];
a vibration dampening layer coupled to the core [In some embodiments internal components or structures in addition to the core 134 may be disposed in the cavity 110, including but not limited to: a filler material(s), damping layers |0029];
and an outer layer coupled to the vibration dampening layer [an adhesive layer for attaching to the face plates 123a, 123b.|0029].
Re. Claim 2, Spackman discloses:
The pickleball paddle of claim 1, wherein the core comprises a honeycomb structure, a foam, or combinations thereof [The core 134 can comprise a structural material that is any one or combination of the following materials: wood, such as balsa or bamboo, polypropylene foam, PVC foam, cork, ionomer foam, polyurethane foam, polyethylene sheet, hard felt, synthetic felt, polypropylene honeycomb structure, other expanding or injectable foam |0038].
Re. Claim 3, Spackman discloses:
The pickleball paddle of claim 1, wherein the vibration dampening layer comprises a fabric, an elastoviscous material, or combinations thereof [The thermoplastic composite material can include fillers, such as fibers, beads, or other structures comprising various materials (described below) that are mixed with the thermoplastic polymer. The fillers can provide structural reinforcement, weighting, lightening, or various other characteristics to the thermoplastic composite material. In many embodiments, the fillers can comprise carbon or glass. However, in other embodiments, the fillers can comprise other suitable materials. For example, the fillers can comprise aramid fibers (e.g., Nomex, Vectran, Kevlar, Twaron), bamboo fibers, natural fibers (e.g., cotton, hemp, flax), metal fibers (e.g., titanium, aluminum), glass beads, tungsten beads, or ceramic fibers (e.g., titanium dioxide, granite, silicon carbide).|0061].
Re. Claim 4, Spackman discloses:
The pickleball paddle of claim 3, wherein the vibration dampening layer comprises: a first vibration dampening layer coupled to a first side of the core [damping layer is coupled to a a core |Fig.6];
and a second vibration dampening layer coupled to a second side of the core [damping layer is coupled to a core |Fig.6].
Re. Claim 5, Spackman discloses:
The pickleball paddle of claim 1, wherein the vibration dampening layer comprises a fabric layer, the fabric layer comprising a woven fabric, a non-woven fabric, or combinations thereof [The thermoplastic composite material can include fillers, such as fibers, beads, or other structures comprising various materials (described below) that are mixed with the thermoplastic polymer. The fillers can provide structural reinforcement, weighting, lightening, or various other characteristics to the thermoplastic composite material. In many embodiments, the fillers can comprise carbon or glass. However, in other embodiments, the fillers can comprise other suitable materials. For example, the fillers can comprise aramid fibers (e.g., Nomex, Vectran, Kevlar, Twaron), bamboo fibers, natural fibers (e.g., cotton, hemp, flax), metal fibers (e.g., titanium, aluminum), glass beads, tungsten beads, or ceramic fibers (e.g., titanium dioxide, granite, silicon carbide).|0061].
Re. Claim 6, Spackman discloses:
The pickleball paddle of claim 1, wherein the vibration dampening layer comprises an elastoviscous material, the elastoviscous material comprising a constant viscosity elastic fluid, an adhesive, a pressure sensitive adhesive, a non-Newtonian fluid, a rheopectic fluid, or combinations thereof [The thermoplastic composite material can include fillers, such as fibers, beads, or other structures comprising various materials (described below) that are mixed with the thermoplastic polymer. The fillers can provide structural reinforcement, weighting, lightening, or various other characteristics to the thermoplastic composite material. In many embodiments, the fillers can comprise carbon or glass. However, in other embodiments, the fillers can comprise other suitable materials. For example, the fillers can comprise aramid fibers (e.g., Nomex, Vectran, Kevlar, Twaron), bamboo fibers, natural fibers (e.g., cotton, hemp, flax), metal fibers (e.g., titanium, aluminum), glass beads, tungsten beads, or ceramic fibers (e.g., titanium dioxide, granite, silicon carbide).|0061].
Re. Claim 9, Spackman discloses:
The paddle of claim 8, wherein the elastoviscous material layer comprises a constant viscosity elastic fluid, an adhesive, a pressure sensitive adhesive, a non-Newtonian fluid, a rheopectic fluid, or combinations thereof [The thermoplastic composite material can include fillers, such as fibers, beads, or other structures comprising various materials (described below) that are mixed with the thermoplastic polymer. The fillers can provide structural reinforcement, weighting, lightening, or various other characteristics to the thermoplastic composite material. In many embodiments, the fillers can comprise carbon or glass. However, in other embodiments, the fillers can comprise other suitable materials. For example, the fillers can comprise aramid fibers (e.g., Nomex, Vectran, Kevlar, Twaron), bamboo fibers, natural fibers (e.g., cotton, hemp, flax), metal fibers (e.g., titanium, aluminum), glass beads, tungsten beads, or ceramic fibers (e.g., titanium dioxide, granite, silicon carbide).|0061].
Re. Claim 10, Spackman discloses:
The pickleball paddle of claim 1, wherein the core comprises a foam, a honeycomb structure, or combinations thereof [The core 134 can comprise a structural material that is any one or combination of the following materials: wood, such as balsa or bamboo, polypropylene foam, PVC foam, cork, ionomer foam, polyurethane foam, polyethylene sheet, hard felt, synthetic felt, polypropylene honeycomb structure, other expanding or injectable foam |0038].
Re. Claim 11, Spackman discloses:
The pickleball of claim 1, further comprising an intermediate layer [123a-123b Fig.2] coupled to the core [Core 134 Fig.2], the intermediate layer comprising fiberglass, carbon fiber, thermoplastic, plastic, or combinations thereof [The structures and/or materials of the components of the paddle 100 may vary across the face plate 123a, 123b to modify the response of the paddle during impact, altering characteristics such as feel, sound, and energy transfer |0033,0049].
Re. Claim 12, Spackman discloses:
The pickleball of claim 11, wherein the intermediate layer is placed between the core and the vibration dampening layer, between the vibration dampening layer and the outer layer, or combinations thereof [Fig.2 elements 123ab are considered intermediate layer which is positioned between surface 102ab and core 134| 0030].
Re. Claim 13, Spackman discloses:
A pickleball paddle [Fig. 1 pickleball paddle] comprising: a core assembly comprising: a core [The core 134 may provide structural rigidity to the paddle, and may be formed of one or more core materials that produce a desired impact response to a ball |0029];
an outer layer [an adhesive layer for attaching to the face plates 123a, 123b.|0029];
an intermediate layer located between the core and the outer layer [an adhesive layer for attaching to the face plates 123a, 123b.|0029];
and a vibration dampening layer coupled to at least one of the core [In some embodiments internal components or structures in addition to the core 134 may be disposed in the cavity 110, including but not limited to: a filler material(s), damping layers |0029], the intermediate layer, and the outer layer [FIG. 6, the clamshell components 102a, 102b can comprise multiple layers of metal 230a, each separated from one another by a thermoplastic or thermoplastic composite layer 230b. The metallic and thermoplastic materials used can be any of those listed above. In many embodiments, the metal and thermoplastic layers 230b can be bonded by heating and pressing the layers together. Each of the thermoplastic layers 230b may be a layup, made up of multiple layers. The illustrated embodiment comprises three layers of metal 230a and two layers of composite 230b. |0059,Fig.6].
Re. Claim 14, Spackman discloses:
The pickleball paddle of claim 13, wherein the core comprises a foam, a honeycomb structure, or combinations thereof [The core 134 can comprise a structural material that is any one or combination of the following materials: wood, such as balsa or bamboo, polypropylene foam, PVC foam, cork, ionomer foam, polyurethane foam, polyethylene sheet, hard felt, synthetic felt, polypropylene honeycomb structure, other expanding or injectable foam |0038].
Re. Claim 16, Spackman discloses:
The paddle of claim 15, wherein the vibration dampening layer comprises an elastoviscous material comprising a constant viscosity elastic fluid, an adhesive, a pressure sensitive adhesive, a non-Newtonian fluid, a rheopectic fluid, or combinations thereof [The thermoplastic composite material can include fillers, such as fibers, beads, or other structures comprising various materials (described below) that are mixed with the thermoplastic polymer. The fillers can provide structural reinforcement, weighting, lightening, or various other characteristics to the thermoplastic composite material. In many embodiments, the fillers can comprise carbon or glass. However, in other embodiments, the fillers can comprise other suitable materials. For example, the fillers can comprise aramid fibers (e.g., Nomex, Vectran, Kevlar, Twaron), bamboo fibers, natural fibers (e.g., cotton, hemp, flax), metal fibers (e.g., titanium, aluminum), glass beads, tungsten beads, or ceramic fibers (e.g., titanium dioxide, granite, silicon carbide).|00610029].
Re. Claim 17, Spackman discloses:
The paddle of claim 13, wherein the vibration dampening layer is coupled between the core and at least one of the intermediate layer, and the outer layer [Fig.2 elements 123ab are considered intermediate layer which is positioned between surface 102ab which used for damping and core 134| 0030].
Re. Claim 18, Spackman discloses:
A pickleball paddle [Fig. 1 pickleball paddle] comprising: a core assembly comprising: a core [The core 134 may provide structural rigidity to the paddle, and may be formed of one or more core materials that produce a desired impact response to a ball |0029];
an outer layer [an adhesive layer for attaching to the face plates 123a, 123b.|0029];
and a vibration dampening layer coupled to at least one of the core [In some embodiments internal components or structures in addition to the core 134 may be disposed in the cavity 110, including but not limited to: a filler material(s), damping layers |0029], and the outer layer [FIG. 6, the clamshell components 102a, 102b can comprise multiple layers of metal 230a, each separated from one another by a thermoplastic or thermoplastic composite layer 230b. The metallic and thermoplastic materials used can be any of those listed above. In many embodiments, the metal and thermoplastic layers 230b can be bonded by heating and pressing the layers together. Each of the thermoplastic layers 230b may be a layup, made up of multiple layers. The illustrated embodiment comprises three layers of metal 230a and two layers of composite 230b. |0059,Fig.6].
Re. Claim 19, Spackman discloses:
The pickleball paddle of claim 18, further comprising: an intermediate layer located between the core and the outer layer [The clamshell components 102a, 102b can be made from a wood, plastic, metal, or composite material. In some embodiments, the clamshell components 102a, 102b are made of a combination of metal, wood, and carbon fiber composite materials. |0057-0059], wherein the intermediate layer comprises a vibration-dampening layers, a fabric layer, a woven fabric layer, a non-woven fabric layer, a fiberglass layer, a carbon fiber layer, a rheological layer, an elastoviscous layer, a constant viscosity elastic fluid, an adhesive, a pressure sensitive adhesive, a non-Newtonian fluid, a rheopectic fluid, or combinations thereof [In further embodiments, the clamshell components 102a, 102b can be made of a combination of multiple materials. For example, referring to FIG. 6, the clamshell components 102a, 102b can comprise multiple layers of metal 230a, each separated from one another by a thermoplastic or thermoplastic composite layer 230b. The metallic and thermoplastic materials used can be any of those listed above. |0057-0059].
Re. Claim 20, Spackman discloses:
The pickleball paddle of claim 18, wherein the outer layer comprises fiberglass, carbon fiber, a thermoplastic, a plastic, or combinations thereof [The clamshell components 102a, 102b can be made from a wood, plastic, metal, or composite material. In some embodiments, the clamshell components 102a, 102b are made of a combination of metal, wood, and carbon fiber composite materials. |0057].
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) 7-8 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Spackman in view of Bicanic et al., [US Pub. No.: 2024/0181313 A1].
Re. Claim 7, Spackman does not disclose:
The pickleball paddle of claim 1, wherein the core comprises: a first core;
and a second core.
In the same field of endeavor Bicanic discloses:
The pickleball paddle of claim 1, wherein the core comprises: a first core [core 1202| 0072];
and a second core [second core |0045].
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to combine Spackman with Bicanic to accommodate different play styles.
Re. Claim 8, Spackman does not disclose:
The paddle of claim 7, further comprising an elastoviscous material layer located between the first core and the second core.
In the same field of endeavor Bicanic discloses:
The paddle of claim 7, further comprising an elastoviscous material layer located between the first core and the second core [Fig.12].
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to combine Spackman with Bicanic to accommodate different play styles.
Re. Claim 15, Spackman does not disclose:
The pickleball paddle of claim 14, wherein the core comprises: a first core;
and a second core;
and the vibration dampening layer coupled between the first core and the second core.
In the same field of endeavor Bicanic discloses:
The pickleball paddle of claim 14, wherein the core comprises: a first core [core 1202| 0072];
and a second core [second core |0045];
and the vibration dampening layer coupled between the first core and the second core [ the at least one layer of material 302 may include a layer of carbon fiber weave, a layer of graphite composite, or a layer of fiberglass or other composite material.|0053-0054].
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to combine Spackman with Bicanic to accommodate different play styles.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOWARD D BROWN JR whose telephone number is (571)272-4371. The examiner can normally be reached Monday - Friday 7:30AM - 5:00PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sathyanarayanan Perungavoor can be reached at 5712727455. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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HOWARD D. BROWN JR
Primary Examiner
Art Unit 2488
/HOWARD D BROWN JR/Examiner, Art Unit 2488
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