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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The claims 1 and 20 recitations of “a grid structure defining a plurality of open spaces” are unclear, as it is unknown whether Applicant desires: i) a grid structure that contains a plurality of open spaces therein; or ii) a grid structure that somehow indicates or accentuates a plurality of open spaces present within the overall assembly. Exactly what structure/configuration is sought? Please review/revise/clarify.
There is insufficient antecedent basis for multiple limitations in the claims, including: i) claims 6 and 19 recite the limitation "the handle portion".
The claim 6 recitation of “symmetrical disposed about” is unclear. Exactly what structure/configuration is sought? Please review/revise/clarify.
Claims 2-5 and 7-18 are rejected as depending (directly or indirectly) from rejected independent claim 1.
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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2021/0252356 to Thurman et al. (“Thurman”).
Regarding claim 1, Thurman anticipates a pickleball paddle (4420, as shown in fig. 54 and discussed at para. 226), comprising: i) a head portion (e.g. head 4240, as shown in fig. 54 and discussed at para. 227) including: 1) a first core portion (e.g. lattice filler 4453-1, as shown in fig. 54 and discussed at para. 227) defining a first surface (e.g. upper surface, as shown in fig. 54), and a second surface (e.g. lower surface, as shown in fig. 54); 2) a second core portion (e.g. lattice filler 4453-2, as shown in fig. 54 and discussed at para. 227) including a plurality (fig. 54) of sections (e.g. unit cells 4350-11, as shown in fig. 54 and discussed at para. 227), wherein at least one section of the plurality of sections (4350-11) has a cross-section that is rectangular (note that being a disc overall, each of lattice filler 4353-2’s constituent parts will have a rectangular cross-section), 3) a first layer (e.g. faceplate 4444, as shown in fig. 54 and discussed at para. 226) disposed adjacent (fig. 54) the first surface (aforementioned upper surface) of the first core portion (4453-1), the first layer (4444) made from a first material (per para. 85, faceplates may be made of a fiber-composite material, a braided fiber composite material, a woven material, nonwoven fibers embedded in a polymeric matrix, and combinations thereof); 4) a second layer (e.g. faceplate 4446, as shown in fig. 54 and discussed at para. 226) disposed adjacent (fig. 54) the second surface (aforementioned lower surface) of the first core portion (4453-1), the second layer (4446) made from the first material (aforementioned fiber-composite material, braided fiber composite material, woven material, nonwoven fibers embedded in polymeric matrix, and combinations thereof, per para. 85); and 5) a reinforcing member (e.g. inner layer 4242, as shown in fig. 54 and discussed at para. 228) disposed in contact with (fig. 54) the second core portion (4453-2), the first layer (4444), and the second layer (4446), the reinforcing member (4242) including a grid structure (e.g. regions 4250, as shown in fig. 54 and discussed at para. 207) defining a plurality (fig. 54) of open spaces (e.g. openings within mesh material forming regions 4250, as shown in fig. 54).
Regarding claim 2, Thurman anticipates the pickleball paddle according to claim 1, wherein the first core portion (4453-1) is made from a different material from (e.g. lattice filler 4453-1 may be made from open cell foam, and lattice filler 4453-2 may be made from closed cell foam, as discussed at para. 227) the second core portion (4453-2).
Regarding claim 3, Thurman anticipates the pickleball paddle according to claim 1, wherein the first core portion (4453-1) and the second core portion (4453-2) are both made from foam (e.g. open cell foam or closed cell foam, as discussed at para. 227).
Regarding claim 4, Thurman anticipates the pickleball paddle according to claim 3, wherein the foam (e.g. lattice filler 4453-1 may be made from open cell foam) of the first core portion (4453-1) has a different density than (note that open cell foam typically has a density ranging from 0.5 - 0.75 lb/ft3 and closed cell foam typically has a density ranging from 1.7 - 2.2 lb/ft3) the foam (e.g. lattice filler 4453-2 may be made from closed cell foam) of the second core portion (4453-2).
Regarding claim 5, Thurman anticipates the pickleball paddle according to claim 1, further comprising a handle (4230, as shown in fig. 54 and discussed at para. 227) disposed in mechanical cooperation with (fig. 54) the head portion (4240).
Regarding claim 6, Thurman anticipates the pickleball paddle according to claim 5, wherein a longitudinal axis (e.g. axis extending along crossbeam 4474-1, as shown in fig. 54) extends through (fig. 54) the handle portion (4230) and a top (e.g. upper edge, as shown in fig. 54) of the head portion (4240), and wherein the plurality of sections (4350-11) of the second core portion (4453-2) are symmetrical disposed about (fig. 54; note that instances of the lattice filler 4453-2 are disposed throughout the spatial area of the paddle 4420; further note that at least some of these can be a symmetrically distributed) the longitudinal axis (aforementioned axis extending along crossbeam 4474-1).
Regarding claim 7, Thurman anticipates the pickleball paddle according to claim 6, wherein a latitudinal axis (e.g. axis extending normal to aforementioned crossbeam 4474-1) extends perpendicularly to (see description provided supra) the longitudinal axis (aforementioned axis extending along crossbeam 4474-1), and wherein the plurality of sections (4350-11) of the second core portion (4453-2) are symmetrically disposed about (fig. 54; note that instances of the lattice filler 4453-2 are disposed throughout the spatial area of the paddle 4420; further note that at least some of these can be a symmetrically distributed) the latitudinal axis (aforementioned axis extending normal to crossbeam 4474-1).
Regarding claim 8, Thurman anticipates the pickleball paddle according to claim 6, wherein a latitudinal axis (e.g. axis extending normal to aforementioned crossbeam 4474-1) extends perpendicularly to (see description provided supra) the longitudinal axis (aforementioned axis extending along crossbeam 4474-1), and wherein the plurality of sections (4350-11) of the second core portion (4453-2) are asymmetrically disposed about (fig. 54; note that instances of the lattice filler 4453-2 are disposed throughout the spatial area of the paddle 4420; further note that at least some of these can be a asymmetrically distributed) the latitudinal axis (aforementioned axis extending normal to crossbeam 4474-1).
Regarding claim 9, Thurman anticipates the pickleball paddle according to claim 6, wherein a first section (e.g. first instance of lattice filler 4453-2, disposed in upper left corner of head 4240, as shown in fig. 54) of the plurality of sections (4350-11) of the second core portion (4453-2) is positioned towards (note that instances of the lattice filler 4453-2 are disposed throughout the spatial area of the paddle 4420) a top, left area (e.g. upper left quadrant, as shown in fig. 54) of the head portion (4240), wherein a second section (e.g. second instance of lattice filler 4453-2, disposed in upper right corner of head 4240, as shown in fig. 54) of the plurality of sections (4350-11) of the second core portion (4453-2) is positioned towards (note that instances of the lattice filler 4453-2 are disposed throughout the spatial area of the paddle 4420) a top, right area (e.g. upper right quadrant, as shown in fig. 54) of the head portion (4240), wherein a third section (e.g. third instance of lattice filler 4453-2, disposed in lower left corner of head 4240, as shown in fig. 54) of the plurality of sections (4350-11) of the second core portion (4453-2) is positioned towards (note that instances of the lattice filler 4453-2 are disposed throughout the spatial area of the paddle 4420) a bottom, left area (e.g. lower left quadrant, as shown in fig. 54) of the head portion (4240), and wherein a fourth section (e.g. fourth instance of lattice filler 4453-2, disposed in lower right corner of head 4240, as shown in fig. 54) of the plurality of sections (4350-11) of the second core portion (4453-2) is positioned towards (note that instances of the lattice filler 4453-2 are disposed throughout the spatial area of the paddle 4420) a bottom, right area of the head portion (e.g. lower right quadrant, as shown in fig. 54).
Regarding claim 10, Thurman anticipates the pickleball paddle according to claim 9, wherein a fifth section (e.g. fifth instance of lattice filler 4453-2, disposed along left edge of head 4240, as shown in fig. 54) of the plurality of sections (4350-11) of the second core portion (4453-2) is positioned towards (note that instances of the lattice filler 4453-2 are disposed throughout the spatial area of the paddle 4420) a left side (e.g. left half, as shown in fig. 54) of the head portion (4240), and wherein a sixth section (e.g. sixth instance of lattice filler 4453-2, disposed along right edge of head 4240, as shown in fig. 54) of the plurality of sections (4350-11) of the second core portion (4453-2) is positioned towards (note that instances of the lattice filler 4453-2 are disposed throughout the spatial area of the paddle 4420) a right side (e.g. left half, as shown in fig. 54) of the head portion (4240).
Regarding claim 11, Thurman anticipates the pickleball paddle according to claim 1, wherein the second core portion (4453-2) includes foam (e.g. open cell foam and closed cell foam discussed at para. 227) disposed within (para. 227) the plurality of open spaces (aforementioned openings within mesh material forming regions 4250) defined by (fig. 54) the reinforcing member (4242).
Regarding claim 12, Thurman anticipates the pickleball paddle according to claim 1, wherein a first section (e.g. thickness dimension, as shown in fig. 54) of the reinforcing member (4242) is oriented at a perpendicular angle relative to (fig. 54) the first layer (4444).
Regarding claim 13, Thurman anticipates the pickleball paddle according to claim 1, wherein the first core portion (4453-1) includes foam (e.g. open cell foam or closed cell foam, as discussed at para. 227), wherein the second core portion (4453-2) includes foam (e.g. open cell foam or closed cell foam, as discussed at para. 227), and wherein the foam (aforementioned open cell foam or closed cell foam) of the first core portion (4453-1) is in direct contact with (e.g. directly layered upon, as shown in fig. 54) foam (aforementioned open cell foam or closed cell foam) of the second core portion (4453-2).
Regarding claim 14, Thurman anticipates the pickleball paddle according to claim 1, wherein the reinforcing member (4242) is made from a fiber-reinforced composite (per para. 82, polyester may be utilized; note that polyester is a fiber-reinforced composite).
Regarding claim 15, Thurman anticipates the pickleball paddle according to claim 1, wherein the grid structure (4250) forms at least one of a plurality of polygons (para. 54) or a plurality of round shapes.
Regarding claim 16, Thurman anticipates the pickleball paddle according to claim 1, wherein the at least one section of the plurality of sections (4350-11) that has a cross-section that is rectangular defines four walls (note that being a disc overall, each of lattice filler 4353-2’s constituent parts will have a rectangular cross-section; further note that rectangles contain four sides), and wherein the reinforcing member (4242) is disposed in contact with each wall of the four walls (see the construction shown in fig. 54) of the at least one section of the plurality of sections (4350-11).
Regarding claim 17, Thurman anticipates the pickleball paddle according to claim 1, wherein the first material (aforementioned fiber-composite material, a braided fiber composite material, a woven material, nonwoven fibers embedded in a polymeric matrix, and combinations thereof discussed at para. 85) is a fiber-reinforced composite (aforementioned fiber-composite material discussed at para. 85).
Regarding claim 18, Thurman anticipates the pickleball paddle according to claim 5, further comprising a third core portion (e.g. material filling, as discussed at para. 240) disposed along at least a portion of a perimeter (fig. 54; note that this material filling will be disposed across the spatial area of the assembly) of the head portion (4240), the third core portion (aforementioned material filling) is made from foam (para. 240).
Regarding claim 19, Thurman anticipates the pickleball paddle according to claim 5, wherein a longitudinal axis (e.g. axis extending along crossbeam 4474-1, as shown in fig. 54) extends through (fig. 54) the handle portion (4230) and a top (e.g. upper edge, as shown in fig. 54) of the head portion (4240), wherein a latitudinal axis (e.g. axis extending normal to aforementioned crossbeam 4474-1) extends perpendicularly to (see description provided supra) the longitudinal axis (aforementioned axis extending along crossbeam 4474-1), and wherein at least one section of the plurality of sections (4350-11) of the second core portion (4453-2) is non-parallel to (see the configuration shown in fig. 54) the longitudinal axis (aforementioned axis extending along crossbeam 4474-1) and is non-parallel to (see the configuration shown in fig. 54) the latitudinal axis (aforementioned axis extending normal to crossbeam 4474-1).
Regarding claim 20, Thurman anticipates a head portion (e.g. head 4240, as shown in fig. 54 and discussed at para. 227) of a pickleball paddle (4420, as shown in fig. 54 and discussed at para. 226), comprising: i) a first core portion (e.g. lattice filler 4453-1, as shown in fig. 54 and discussed at para. 227) made from foam (e.g. open cell foam, as discussed at para. 227) having a first density (note that open cell foam typically has a density ranging from 0.5 - 0.75 lb/ft3); ii) a second core portion (e.g. lattice filler 4453-2, as shown in fig. 54 and discussed at para. 227) including a plurality (fig. 54) of sections (e.g. unit cells 4350-11, as shown in fig. 54 and discussed at para. 227) and being made from foam (e.g. closed cell foam, as discussed at para. 227) having a second density (note that closed cell foam typically has a density ranging from 1.7 - 2.2 lb/ft3), wherein the second density (aforementioned 1.7 - 2.2 lb/ft3) is different from (compare 0.5-0.75 lb/ft3 to 1.7 - 2.2 lb/ft3) the first density (aforementioned 0.5 - 0.75 lb/ft3), wherein a first section (e.g. first instance of lattice filler 4453-2, disposed in upper left corner of head 4240, as shown in fig. 54) of the plurality of sections (4350-11) is disposed entirely within (fig. 54) a first quadrant (e.g. upper left quadrant, as shown in fig. 54) of the head portion (4240), wherein a second section (e.g. second instance of lattice filler 4453-2, disposed in upper right corner of head 4240, as shown in fig. 54) of the plurality of sections (4350-11) is disposed entirely within (fig. 54) a second quadrant (e.g. upper right quadrant, as shown in fig. 54) of the head portion (4240), wherein a third section (e.g. third instance of lattice filler 4453-2, disposed in lower left corner of head 4240, as shown in fig. 54) of the plurality of sections (4350-11) is disposed entirely within (fig. 54) a third quadrant (e.g. lower left quadrant, as shown in fig. 54) of the head portion (4240), and wherein a fourth section (e.g. fourth instance of lattice filler 4453-2, disposed in lower right corner of head 4240, as shown in fig. 54) of the plurality of sections (4350-11) is disposed entirely within (fig. 54) a fourth quadrant (e.g. lower right quadrant, as shown in fig. 54) of the head portion (4240); and iii) a reinforcing member (e.g. inner layer 4242, as shown in fig. 54 and discussed at para. 228) disposed in contact with (fig. 54) the first core portion (4453-1) and the second core portion (4453-2), the reinforcing member (4242) including a grid structure (e.g. regions 4250, as shown in fig. 54 and discussed at para. 207) defining a plurality (fig. 54) of open spaces (e.g. openings within mesh material forming regions 4250, as shown in fig. 54).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN V LEWIS whose telephone number is (571)270-5052. The examiner can normally be reached M-F 7:30AM-5:00PM.
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/JUSTIN V LEWIS/Primary Examiner, Art Unit 3637
