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 § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 7, 9-10, 17, and 19 rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
The recitation in claim 7 of “ kids sized golf clubs”, the recitation in claim 9 of “kids backpack style golf bag”, the recitation in claim 17 of “kids sized golf clubs”, and the recitation in claim 19 of “kids backpack style golf bag” are directed to or encompasses a human organism. Applicant is advised to use the phrase “configured to/for” when referring to human organisms.
Claim Objections
Claim 4 is objected to because of the following informalities:
The recitation in the preamble of claim 4 of “the golf clubs set according to claim 2 is designed and configured to” should be changed to --the golf clubs set according to claim 2, wherein the golf clubs set is designed and configured to--.
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.
Claims 13-15 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bennett (20180028877).
Regarding claim 13, Bennett (Figures 1-96) teaches a golf clubs set comprising: a plurality of user sized golf clubs, each of the user sized golf clubs including an interchangeable shaft and an interchangeable club head (Para. 0121); and wherein the plurality of the user sized golf clubs each with the interchangeable shaft and the interchangeable club head are designed and configured to have the plurality of the user sized golf clubs to have interchangeability to other interchangeable shafts of a varying size (Para. 0170, 0257).
Regarding claim 14, Bennett (Figures 1-96) teaches the varying size of the interchangeable shafts including: a varying length (Para. 0170); a varying weight (Para. 0257); a varying flex (0257); a varying grip (Para. 0170); or a combination thereof.
It is noted that the claim recitation of “the golf clubs set is designed and configured to allow an initial purchase of an initial set of the golf clubs set for a user, and once the user grows, develops and/or adapts, a new purchase includes a new adjustable shaft for one or more of the plurality of user sized golf clubs to change out from the initial set of the golf clubs set” is directed to the intended use of the claimed apparatus and does not structurally distinguish the claimed apparatus from the prior art. Apparatus claims cover what a device is, not what a device does (See: Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990)). A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim (See: Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)).
Regarding claim 15, Bennett (Figures 1-96) teaches a shaft kit, the shaft kit including a plurality of the new adjustable shafts (Para. 0170, 0257) for each of the plurality of the user sized golf clubs.
It is noted that the claim recitation of “the shaft kit is designed and configured to allow the initial purchase of the initial set of the golf clubs set for the user, and once the user grows, develops and/or adapts, the new purchase includes the shaft kit for the plurality of user sized golf clubs to change out from the initial set of the golf clubs set” is directed to the intended use of the claimed apparatus and does not structurally distinguish the claimed apparatus from the prior art.
Regarding claim 17, Bennett (Figures 1-96) teaches the plurality of the user sized golf clubs are kids sized golf clubs with the interchangeable shaft and the interchangeable club head including: at least one kids sized iron (Para. 0118), each of the at least one kids sized iron including an interchangeable iron shaft and an interchangeable iron head; at least one kids sized wood (Para. 0118), each of the at least one kids sized wood including an interchangeable wood shaft and an interchangeable wood head; a kids sized putter (Para. 0118) including an interchangeable putter shaft and an interchangeable putter head; or a combination thereof.
It is noted that the claim recitation of “kids sized” does not structurally distinguish the claimed apparatus from the prior art of Bennett because what is considers “kids sized” is variable as kids can be different sizes and kids are capable of using the golf clubs/putters disclosed by the prior art.
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.
Claims 1-3, 9, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Hayward (20240074566) in view of Bennett (20180028877).
Regarding claim 1, Hayward (Figures 1-7) teaches a golf clubs set comprising: a plurality of user sized golf clubs (Fig. 1, Part No. 24) (Para. 0049-0050); and a backpack carry bag (Para. 0052) including a backpack (Fig. 2C, Part No. 10) with side club tubes (Fig. 2A, Part No. 18, 20) positioned thereon, each of the side club tubes are configured to hold at least a portion of the plurality of user sized golf clubs (24) (Para. 0049-0050).
Hayward does not teach each of the user sized golf clubs including an interchangeable shaft and an interchangeable club head.
Bennett (Figures 1-96) teaches each of the user sized golf clubs including an interchangeable shaft and an interchangeable club head (Para. 0121, 0257).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide Hayward with each of the user sized golf clubs including an interchangeable shaft and an interchangeable club head as taught by Bennett as a means of providing a set of golf clubs with an interchangeable system that allows different shafts to be connected to different club heads (Bennett: Para. 0121, 0257).
Regarding claim 2, the modified Hayward (Figures 1-7) teaches a plurality of user sized golf clubs (Fig. 1, Part No. 24) (Para. 0049-0050); and a backpack carry bag including a backpack (Fig. 2C, Part No. 10) (Para. 0052).
The modified Hayward does not teach the plurality of the user sized golf clubs each with the interchangeable shaft and the interchangeable club head are designed and configured to have the plurality of the user sized golf clubs to have interchangeability to other interchangeable shafts of a varying size; and wherein the varying size of the interchangeable shafts including: a varying length; a varying weight; a varying flex; a varying grip; or a combination thereof.
Bennett (Figures 1-96) teaches the plurality of the user sized golf clubs each with the interchangeable shaft and the interchangeable club head are designed and configured to have the plurality of the user sized golf clubs to have interchangeability to other interchangeable shafts of a varying size (Para. 0137; 0168); and wherein the varying size of the interchangeable shafts including: a varying length (Para. 0168, 0170); a varying weight; a varying flex (Para. 0170); a varying grip (Para. 0170); or a combination thereof (Para. 0121, 0170, 0257).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide Hayward with interchangeable shafts of a varying size as taught by Bennett as a means of providing a set of golf clubs with an interchangeable system that allows different shafts to be connected to different club heads (Bennett: Para. 0121, 0257).
Regarding claim 3, the modified Hayward (Figures 1-7) teaches a plurality of user sized golf clubs (Fig. 1, Part No. 24) (Para. 0049-0050); and a backpack carry bag including a backpack (Fig. 2C, Part No. 10) (Para. 0052).
The modified Hayward does not teach the varying size of the interchangeable shafts including: the varying length; the varying weight; the varying flex; and the varying grip.
Bennett (Figures 1-96) teaches the varying size of the interchangeable shafts including: the varying length (Para. 0168, 0170); the varying weight; the varying flex (Para. 0170); and the varying grip (Para. 0170).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Hayward with the varying size of the interchangeable shafts including: the varying length as taught by Bennett as a means of providing a set of golf clubs with an interchangeable system that allows different shafts to be connected to different club heads (Bennett: Para. 0121, 0257).
Regarding claim 9, the modified Hayward (Figures 1-7) teaches the backpack carry bag including: a first side club tube (Fig. 2A-2B, Part No. 18) on a first side of a backpack (Para. 0052); a second side club tube (Fig. 2A-2B, Part No. 20) on a second side of the backpack (Para. 0052); wherein; and wherein each of the side club tubes (18, 20) including an adjustable tube carrying strap (Fig. 2A, Part No. 62) (Para. 0059), a ball sleeve tube pocket (Para. 0052), and a tee tube pocket (Para. 0052).
It is noted that Hayward (Para. 0052) discloses: “the backpack 10 may include separate bag(s) or compartment(s) (see below) for holding other items or accessories, e.g., gloves, golf balls, tees, etc. . . . The bag(s) may be a separate item that removable connects to the backpack and/or may include bags or compartments integrated with the outer cover 32, 34 of one or both of the cartridges 18, 20”.
It is noted that the prior art of Hayward is fully capable of performing the claim recitation of “the first side club tube and the second side club tube are configured to hold the plurality of the user sized golf clubs for use as a kids backpack style golf bag; wherein, the first side club tube and the second side club tube are configured to be removed from the backpack for use as a standard backpack; and wherein each of the side club tubes are configured to be used as a carry side club tube bag when removed from the backpack” as the recited limitation is directed to the intended use of the claimed apparatus and does not structurally distinguish the claimed apparatus from the prior art. Apparatus claims cover what a device is, not what a device does (See: Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990)). A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim (See: Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)).
Regarding claim 11, the modified Hayward (Figures 1-7) teaches the side club tubes (Fig. 2A-2B, Part No. 18, 20) including a length, the length of the side club tubes is configured for holding the plurality of the user sized golf clubs.
It is noted that the prior art of Hayward is fully capable of performing the claim recitation of “wherein the side club tubes are configured to have interchangeability to other side club tubes; the length of the side club tubes is configured for holding the plurality of the user sized golf clubs with the interchangeable shaft and the interchangeable club head; wherein the side club tubes are configured to have interchangeability to other side club tubes of varying length; and wherein, when the plurality of user sized golf clubs are equipped with new adjustable shafts, the backpack carry bag is configured to be equipped with new sides club tubes with the varying lengths configured to hold the new adjustable shafts” as the recited limitation is directed to the intended use of the claimed apparatus and does not structurally distinguish the claimed apparatus from the prior art.
Bennett (Figures 1-96) teaches each of the user sized golf clubs including an interchangeable shaft and an interchangeable club head (Para. 0121, 0257) so that the user sized golf clubs are capable of being equipped with new adjustable shafts (Para. 0121, 0257).
It is noted that the combination of the prior art of Hayward and Bennett is fully capable of performing the claim recitation of “when the plurality of user sized golf clubs are equipped with new adjustable shafts, the backpack carry bag is configured to be equipped with new sides club tubes with the varying lengths” as the recited limitation is directed to the intended use of the claimed apparatus and does not structurally distinguish the claimed apparatus from the prior art.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide Hayward with each of the user sized golf clubs including an interchangeable shaft and an interchangeable club head as taught by Bennett as a means of providing a set of golf clubs with an interchangeable system that allows different shafts to be connected to different club heads (Bennett: Para. 0121, 0257).
Claims 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Hayward in view of Bennett, further in view of Burch (20070173344).
Regarding claim 4, the modified Hayward (Figures 1-7) teaches a plurality of user sized golf clubs (Fig. 1, Part No. 24) (Para. 0049-0050); and a backpack carry bag including a backpack (Fig. 2C, Part No. 10) (Para. 0052).
The modified Hayward does not teach the golf club set designed and configured to allow an initial purchase of an initial set of the golf clubs set for a user, and once the user grows, develops and/or adapts, a new purchase includes a new adjustable shaft for one or more of the plurality of user sized golf clubs to change out from the initial set of the golf clubs set.
Burch (Figures 1-4) teaches the golf club set designed and configured to allow an initial purchase of an initial set of the golf clubs set for a user (Para. 0014, 0030).
It is noted that the prior art of Burch is fully capable of performing the claim recitation of “and once the user grows, develops and/or adapts, a new purchase includes a new adjustable shaft for one or more of the plurality of user sized golf clubs to change out from the initial set of the golf clubs set” as the recited limitation is directed to the intended use of the claimed apparatus and does not structurally distinguish the claimed apparatus from the prior art.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Hayward with an initial purchase of an initial set of the golf clubs set for a user as taught by Burch as a means of providing a golfer with the option to purchase a golf club assembled from golf club shafts and golf club heads having different sizes and dimensions (Burch: Para. 0014, 0030).
Regarding claim 5, the modified Hayward (Figures 1-7) teaches a plurality of user sized golf clubs (Fig. 1, Part No. 24) (Para. 0049-0050); and a backpack carry bag including a backpack (Fig. 2C, Part No. 10) (Para. 0052).
The modified Hayward does not teach a shaft kit, the shaft kit including a plurality of the new adjustable shafts for each of the plurality of the user sized golf clubs, wherein the shaft kit is designed and configured to allow the initial purchase of the initial set of the golf clubs set for the user, and once the user grows, develops and/or adapts, the new purchase includes the shaft kit for the plurality of user sized golf clubs to change out from the initial set of the golf clubs set.
Burch (Figures 1-4) teaches a shaft kit, the shaft kit including a plurality of the new adjustable shafts (Para. 0014, 0030) for each of the plurality of the user sized golf clubs, wherein the shaft kit is designed and configured to allow the initial purchase of the initial set of the golf clubs set for the user (Para. 0014, 0030).
It is noted that the prior art of Burch is fully capable of performing the claim recitation of “and once the user grows, develops and/or adapts, the new purchase includes the shaft kit for the plurality of user sized golf clubs to change out from the initial set of the golf clubs set” as the recited limitation is directed to the intended use of the claimed apparatus and does not structurally distinguish the claimed apparatus from the prior art.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Hayward with a plurality of the new adjustable shafts for each of the plurality of the user sized golf clubs as taught by Burch as a means of providing a golfer with the option to purchase a golf club assembled from golf club shafts and golf club heads having different sizes and dimensions (Burch: Para. 0014, 0030).
Regarding claim 6, the modified Hayward (Figures 1-7) teaches a plurality of user sized golf clubs (Fig. 1, Part No. 24) (Para. 0049-0050); and a backpack carry bag including a backpack (Fig. 2C, Part No. 10) (Para. 0052).
The modified Hayward does not teach the interchangeable shaft and the interchangeable club head of each of the plurality of user sized golf clubs including a quick disconnect between a hosel of the interchangeable club head and a distal end of the interchangeable shaft; wherein the quick disconnect of each of the plurality of user sized golf clubs including: a threaded protrusion extending from the distal end of the interchangeable shaft; an outer threaded opening in the hosel of the interchangeable club head, wherein the threaded protrusion extending from the distal end of the interchangeable shaft is configured to be secured inside of the outer threaded opening in the hosel of the interchangeable club head via rotation; an inner threaded opening positioned in the threaded protrusion extending from the distal end of the interchangeable shaft; a ratcheting screw, wherein the ratcheting screw is configured to be positioned in a channel of the hosel and secured inside of the inner threaded opening via rotation; and wherein the ratcheting screw including an audible feedback configured to allow an operator to know when the ratcheting screw is properly tightened for securing the hosel of the interchangeable club head onto the distal end of the interchangeable shaft.
Burch (Figures 1-4) teaches the interchangeable shaft and the interchangeable club head of each of the plurality of user sized golf clubs including a quick disconnect between a hosel of the interchangeable club head and a distal end of the interchangeable shaft; wherein the quick disconnect of each of the plurality of user sized golf clubs including: a threaded protrusion (Fig. 4, Part No. 78) (Para. 0032) extending from the distal end of the interchangeable shaft (62); an outer threaded opening (Fig. 4, Part No. 68) (Para. 0031) in the hosel (66) of the interchangeable club head, wherein the threaded protrusion extending from the distal end of the interchangeable shaft is configured to be secured inside of the outer threaded opening in the hosel of the interchangeable club head via rotation (Para. 0033).
It is noted that the prior art of Burch is fully capable of performing the claim recitation of “and once the user grows, develops and/or adapts, the new purchase includes the shaft kit for the plurality of user sized golf clubs to change out from the initial set of the golf clubs set” as the recited limitation is directed to the intended use of the claimed apparatus and does not structurally distinguish the claimed apparatus from the prior art.
Bennett teaches an inner threaded opening positioned in the protrusion extending from the distal end of the interchangeable shaft (Para. 0134); a ratcheting screw (Fig. 3-4, Part No. 18) (Para. 0134), wherein the ratcheting screw is configured to be positioned in a channel of the hosel and secured inside of the inner opening via rotation (Para. 0134); and wherein the ratcheting screw (18) including an audible feedback.
It is noted that the prior art of Bennett is fully capable of performing the claim recitation of “configured to allow an operator to know when the ratcheting screw is properly tightened for securing the hosel of the interchangeable club head onto the distal end of the interchangeable shaft” as the recited limitation is directed to the intended use of the claimed apparatus and does not structurally distinguish the claimed apparatus from the prior art.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Hayward with a quick disconnect between a hosel of the interchangeable club head and a distal end of the interchangeable shaft as taught by Burch as a means of releasable attaching a shaft to a golf club head (Burch: Para. 0032), and to provide the modified Hayward with the ratcheting screw is configured to be positioned in a channel of the hosel and secured inside of the inner opening via rotation as taught by Bennett as a means of preventing relative motion between the shaft and club head of a golf club (Bennett: Para. 0134).
Regarding claim 7, the modified Hayward (Figures 1-7) teaches a plurality of user sized golf clubs (Fig. 1, Part No. 24) (Para. 0049-0050); and a backpack carry bag including a backpack (Fig. 2C, Part No. 10) (Para. 0052).
The modified Hayward does not teach the plurality of the user sized golf clubs are kids sized golf clubs with the interchangeable shaft and the interchangeable club head including: at least one kids sized iron, each of the at least one kids sized iron including an interchangeable iron shaft and an interchangeable iron head; at least one kids sized wood, each of the at least one kids sized wood including an interchangeable wood shaft and an interchangeable wood head; a kids sized putter including an interchangeable putter shaft and an interchangeable putter head; or a combination thereof.
Bennett teaches the plurality of the user sized golf clubs are kids sized golf clubs with the interchangeable shaft and the interchangeable club head including: at least one kids sized iron (Para. 0118), each of the at least one kids sized iron including an interchangeable iron shaft and an interchangeable iron head; at least one kids sized wood (Para. 0118), each of the at least one kids sized wood including an interchangeable wood shaft and an interchangeable wood head; a kids sized putter (Para. 0118) including an interchangeable putter shaft and an interchangeable putter head; or a combination thereof.
It is noted that the claim recitation of “kids sized” does not structurally distinguish the claimed apparatus from the prior art of Bennett because what is considers “kids sized” is variable as kids can be different sizes and kids are capable of using the golf clubs/putters disclosed by the prior art.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide Hayward with at least one kids sized iron as taught by Bennett as a means of using an interchangeable shaft system that may be incorporated into putters, wedges, irons, hybrids and/or fairway wood styles of golf clubs (Bennett: Para. 0118).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Hayward in view of Bennett, further in view of Davis (7628270).
Regarding claim 8, the modified Hayward (Figures 1-7) teaches the backpack carry bag is capable of being positioned on a surface (Para. 0052).
The modified Hayward does not teach each of the side club tubes of the backpack carry bag including a kickstand leg; and whereby, when the backpack carry bag is positioned on a surface, the kickstand leg of each of the side club tubes is configured to angle out from the backpack carry bag for stabilizing the backpack carry bag on the surface.
Davis teaches providing golf club tubes with a kickstand leg (Fig. 1-4, Part No. 48) (Col. 5, Lines 23-30); and whereby, the kickstand leg of each of the club tubes is configured to angle out from the tube for stabilizing the tube on the surface (Col. 5, Lines 23-30).
It is noted that the combination of the cited prior art under 35 SUC 103 teaches the recitation in claim 8 of “each of the side club tubes of the backpack carry bag including a kickstand leg; and whereby, when the backpack carry bag is positioned on a surface, the kickstand leg of each of the side club tubes is configured to angle out from the backpack carry bag for stabilizing the backpack carry bag on the surface” as the prior art of Davis teaches providing the tubes and backpack of Hayward with kickstands.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide Hayward with providing golf club tubes with a kickstand leg as taught by Davis as a means of providing a golf club holding tube with a leg assembly to support the golf club holding tube (Davis: Col. 5, Lines 14-30).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Hayward in view of Bennett, further in view of Proulx (20130092572) and Hoffman (5082218).
Regarding claim 12, the modified Hayward (Figures 1-7) teaches the backpack carry bag further including: a waterproof material configured for all weather use (Para. 0052); a lightweight design (Para. 0052); an insulated cooler pocket (Para. 0052) inside the backpack golf bag; a ball sleeve tube pocket (Para. 0052) on each of the side club tubes; a tee tube pocket (Para. 0052) on each of the side club tubes; a ball sleeve backpack pocket (Para. 0052) on the backpack; a tee backpack pocket (Para. 0052) on the backpack; adjustable shoulder straps (Fig. 2B, Part No. 14A, 14B) (Para. 0052) on a backside of the backpack (Para. 0052), the adjustable shoulder straps including an adjustable chest strap (See fig. 2B) connected therebetween; a drink holder (Para. 0052) on the backside of the backpack; at least one backpack D-ring (See fig. 2B) on the backpack (Para. 0052).
It is noted that Hayward (Para. 0052) discloses: “the backpack 10 may include separate bag(s) or compartment(s) (see below) for holding other items or accessories, e.g., gloves, golf balls, tees, etc. . . . The bag(s) may be a separate item that removable connects to the backpack and/or may include bags or compartments integrated with the outer cover 32, 34 of one or both of the cartridges 18, 20”.
The modified Hayward does not teach kickstands made from a reinforced aluminum material to prevent rust and reduce weight; at least one tube D-ring on each of the side club tubes configured for attaching golf accessories to each of the side club tubes; or combinations thereof.
It is noted that the prior art of Hayward is fully capable of performing the claim recitation of “configured for sports drinks, water and lunch to eliminate a required lunch box accessory for school or golf” as the recited limitation is directed to the intended use of the claimed apparatus and does not structurally distinguish the claimed apparatus from the prior art.
Proulx teaches a kickstand made from a reinforced aluminum material (Para. 0018) to prevent rust and reduce weight.
Hoffman teaches at least one tube D-ring (See fig. 18-19) on the side club tube (Col. 8, Lines 25-30).
It is noted that the prior art combination of Hayward and Hoffman is fully capable of performing the claim recitation of “configured for attaching accessories to the backpack” as the recited limitation is directed to the intended use of the claimed apparatus and does not structurally distinguish the claimed apparatus from the prior art.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Hayward with a kickstand made from a reinforced aluminum material as taught by Proulx as a means of selecting a known material (aluminum) based on its suitability for its intended use (a stand for a golf club holding apparatus) (See: Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945); In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960)), and to provide the modified Hayward with at least one tube D-ring on the side club tube as taught by Hoffman as a means of providing a golf club holding apparatus with a D-ring attached to the apparatus (Hoffman: Col. 8, Lines 25-30; See fig. 18-19).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Bennett view of Burch.
Regarding claim 16, Bennett (Figures 1-96) teaches the interchangeable shaft and the interchangeable club head of each of the plurality of user sized golf clubs including a quick disconnect between a hosel (Fig. 2-3, Part No. 20) (Para. 0121) of the interchangeable club head and a distal end of the interchangeable shaft (Fig. 2-3, Part No. 12); an inner threaded opening positioned in the protrusion extending from the distal end of the interchangeable shaft (Para. 0134); a ratcheting screw (Fig. 2-3, Part No. 18) (Para. 0134), wherein the ratcheting screw is configured to be positioned in a channel of the hosel and secured inside of the inner threaded opening via rotation (Para. 0134); and wherein the ratcheting screw including an audible feedback.
It is noted that the prior art of Bennett is fully capable of performing the claim recitation of “configured to allow an operator to know when the ratcheting screw is properly tightened for securing the hosel of the interchangeable club head onto the distal end of the interchangeable shaft” as the recited limitation is directed to the intended use of the claimed apparatus and does not structurally distinguish the claimed apparatus from the prior art.
Bennett does not teach the quick disconnect of each of the plurality of user sized golf clubs including: a threaded protrusion extending from the distal end of the interchangeable shaft; an outer threaded opening in the hosel of the interchangeable club head, wherein the threaded protrusion extending from the distal end of the interchangeable shaft is configured to be secured inside of the outer threaded opening in the hosel of the interchangeable club head via rotation.
Burch (Figures 1-4) teaches the quick disconnect of each of the plurality of user sized golf clubs including: a threaded protrusion (Fig. 4, Part No. 78) (Para. 0032) extending from the distal end of the interchangeable shaft (62); an outer threaded opening (Fig. 4, Part No. 68) (Para. 0031) in the hosel (66) of the interchangeable club head, wherein the threaded protrusion extending from the distal end of the interchangeable shaft is configured to be secured inside of the outer threaded opening in the hosel of the interchangeable club head via rotation (Para. 0033).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide Bennett with a threaded protrusion extending from the distal end of the interchangeable shaft as taught by Burch as a means of releasably attaching a shaft to a golf club head (Burch: Para. 0032),
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Bennett view of Hayward and Davis.
Regarding claim 18, Bennett (Figures 1-96) teaches a plurality of user sized golf clubs, each of the user sized golf clubs including an interchangeable shaft and an interchangeable club head (Para. 0121, 0170, 0257).
Bennett does not teach a backpack carry bag configured to hold a plurality of user sized golf clubs, the backpack carry bag including: a backpack; and side club tubes positioned on the backpack, each of the side club tubes are configured to hold at least a portion of the plurality of user sized golf clubs; each of the side club tubes of the backpack carry bag including a kickstand leg, whereby, when the backpack carry bag is positioned on a surface, the kickstand legs of each of the side club tubes is configured to angle out from the backpack carry bag for stabilizing the backpack carry bag on the surface; and wherein, the backpack carry bag is designed and configured to provide a combination of a user sized bookbag and a user sized golf bag for convenience, comfort and functionality.
Hayward (Figures 1-7) teaches a backpack carry bag configured to hold a plurality of user sized golf clubs, the backpack carry bag including: a backpack (Para. 0052); and side club tubes (Fig. 2A, Part No. 18, 20) positioned on the backpack, each of the side club tubes are configured to hold at least a portion of the plurality of user sized golf clubs (24) (Para. 0050); the backpack carry bag capable of being positioned on a surface; and wherein, the backpack carry bag is designed and configured to provide a combination of a user sized bookbag (Para. 0052) and a user sized golf bag (Para. 0052) for convenience, comfort and functionality.
Davis teaches providing golf club tubes with a kickstand leg (Fig. 1-4, Part No. 48) (Col. 5, Lines 23-30); and whereby, the kickstand leg of each of the club tubes is configured to angle out from the tube for stabilizing the tube on the surface (Col. 5, Lines 23-30).
It is noted that the combination of the cited prior art under 35 SUC 103 teaches the recitation in claim 8 of “each of the side club tubes of the backpack carry bag including a kickstand leg, whereby, when the backpack carry bag is positioned on a surface, the kickstand legs of each of the side club tubes is configured to angle out from the backpack carry bag for stabilizing the backpack carry bag on the surface” as the prior art of Davis teaches providing the tubes and backpack of Hayward with kickstands.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide Bennett with a backpack carry bag configured to hold a plurality of user sized golf clubs as taught by Hayward as a means of providing a golfer with means for carrying golf clubs (Hayward: Para. 0049), and to provide Bennett with providing golf club tubes with a kickstand leg as taught by Davis as a means of providing a golf club holding tube with a leg assembly to support the golf club holding tube on a ground surface (Davis: Col. 5, Lines 14-30).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Bennett view of Hayward and Davis, further in view of Hoffman.
Regarding claim 20, the modified Bennett (Figures 1-96) teaches each of the user sized golf clubs including an interchangeable shaft and an interchangeable club head (Para. 0121, 0170, 0257)
The modified Bennett does not teach the backpack carry bag further including: a waterproof material configured for all weather use; a lightweight design; kickstands made from a reinforced aluminum material to prevent rust and reduce weight; an insulated cooler pocket inside the backpack golf bag configured for sports drinks, water and lunch to eliminate a required lunch box accessory for school or golf; a ball sleeve tube pocket on each of the side club tubes; a tee tube pocket on each of the side club tubes; a ball sleeve backpack pocket on the backpack; a tee backpack pocket on the backpack; adjustable shoulder straps on a backside of the backpack, the adjustable shoulder straps including an adjustable chest strap connected therebetween; a drink holder on the backside of the backpack; at least one backpack D-ring on the backpack configured for attaching accessories to the backpack; at least one tube D-ring on each of the side club tubes configured for attaching golf accessories to each of the side club tubes; or combinations thereof.
Hayward (Figures 1-7) teaches the backpack carry bag further including: a waterproof material configured for all weather use (Para. 0052); a lightweight design (Para. 0052); an insulated cooler pocket (Para. 0052) inside the backpack golf bag; a ball sleeve tube pocket (Para. 0052) on each of the side club tubes; a tee tube pocket (Para. 0052) on each of the side club tubes; a ball sleeve backpack pocket (Para. 0052) on the backpack; a tee backpack pocket (Para. 0052) on the backpack; adjustable shoulder straps (Fig. 2B, Part No. 14A, 14B) (Para. 0052) on a backside of the backpack (Para. 0052), the adjustable shoulder straps including an adjustable chest strap (See fig. 2B) connected therebetween; a drink holder (Para. 0052) on the backside of the backpack; at least one backpack D-ring (See fig. 2B) on the backpack (Para. 0052).
It is noted that Hayward (Para. 0052) discloses: “the backpack 10 may include separate bag(s) or compartment(s) (see below) for holding other items or accessories, e.g., gloves, golf balls, tees, etc. . . . The bag(s) may be a separate item that removable connects to the backpack and/or may include bags or compartments integrated with the outer cover 32, 34 of one or both of the cartridges 18, 20”.
It is noted that the prior art of Hayward is fully capable of performing the claim recitation of “configured for sports drinks, water and lunch to eliminate a required lunch box accessory for school or golf” and “configured for attaching accessories to the backpack” as the recited limitation is directed to the intended use of the claimed apparatus and does not structurally distinguish the claimed apparatus from the prior art.
Hoffman teaches at least one tube D-ring (See fig. 18-19) on the side club tube (Col. 8, Lines 25-30).
It is noted that the prior art combination of Hayward and Hoffman is fully capable of performing the claim recitation of “configured for attaching golf accessories to each of the side club tubes; or combinations thereof” as the recited limitation is directed to the intended use of the claimed apparatus and does not structurally distinguish the claimed apparatus from the prior art.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Bennett with a backpack carry bag as taught by Hayward as a means of providing a golfer with means for carrying golf clubs (Hayward: Para. 0049), and to provide the modified Bennett with at least one tube D-ring on the side club tube as taught by Hoffman as a means of providing a golf club holding apparatus with a D-ring attached to the apparatus (Hoffman: Col. 8, Lines 25-30; See fig. 18-19).
Allowable Subject Matter
Claims 10 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The prior art of record (Bennett (20180028877), Hayward (20240074566), Burch (20070173344), Davis (7628270), Proulx (20130092572), Hoffman (5082218)) does not teach the recitation in claim 10 of “the first side club tube is connected to the first side of the backpack via a first C- channel connection; the second side club tube is connected to the second side of the backpack via a second C-channel connection; wherein, when the backpack carry bag is positioned on a surface via the first side club tube and the second side club tube, the first side club tube and the second side club tube are configured to keep the backpack elevated off of the surface; the first side of the backpack including a first pocket with a first zipper; and the second side of the backpack including a second pocket with a second zipper”, and the recitation in claim 19 of “the first side club tube is connected to the first side of the backpack via a first C-channel connection; the second side club tube is connected to the second side of the backpack via a second C-channel connection; wherein: the first side of the backpack including a first pocket with a first zipper; the second side of the backpack including a second pocket with a second zipper”.
Conclusion
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/C.G./Examiner, Art Unit 3711
/JOSEPH B BALDORI/Primary Examiner, Art Unit 3711
