Ex Parte DeJesus

Patent Trial and Appeal Board

Sep 12, 2018

14751563 (P.T.A.B. Sep. 12, 2018)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO.
14/751,563
7590
Morland C. Fischer
2030 Main Street
Suite 1300
Irvine, CA 92614
FILING DATE FIRST NAMED INVENTOR
06/26/2015 Ben L. DeJesus
09/13/2018
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
BLDJ-103 7200
EXAMINER
PENG, RAYSHUN K.
ART UNIT PAPER NUMBER
3711
MAIL DATE DELIVERY MODE
09/13/2018 PAPER
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte BEN L. DEJESUS
Appeal2017-009416
Application 14/751,563 1
Technology Center 3700
Before JOHN C. KERINS, STEVEN D.A. McCARTHY, and
JEREMY M. PLENZLER, Administrative Patent Judges.
PLENZLER, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Appellant seeks our review under 35 U.S.C. § 134 of the Examiner's
Final Decision rejecting claims 1 and 4--7 under 35 U.S.C. § 102 as
anticipated by Antonious (US 4,900,028, issued February 13, 1990). We
have jurisdiction under 35 U.S.C. § 6(b ).
We REVERSE and enter a NEW GROUND OF REJECTION in
accordance with 37 C.F.R. § 41.50(b).
1 Appellant is the Applicant, Ben L. DeJesus, identified by the Appeal Brief
as the real party in interest. Appeal Br. 2.
Appeal2017-009416
Application 14/751,563
CLAIMED SUBJECT MATTER
Claim 1 is the sole independent claim, with claims 4--7 depending
therefrom. Claim 1 is reproduced below:
1. A golf club head attached to a hosel and comprising a face
at which a golf ball is to be struck, a sweet spot located on the
face at which to apply an impact force to the golf ball without
causing the golf club head to rotate in the hand of a golfer when
the golf club strikes the golf ball, an inside end at which the hosel
is attached, an outside end located opposite the inside end, and a
top edge which runs above the face of the club head between the
inside and outside ends thereof, said top edge having a first
portion which runs in a first direction and a second portion which
runs in a second direction and a perceptively visible boundary
line lying at the intersection of the first and second portions of
said top edge, wherein said visible boundary line is located in a
vertical sweet spot reference plane which includes the center of
the sweet spot that is located on the face of the club head, such
that said visible boundary line and the center of the sweet spot
are aligned with one another in said vertical sweet spot plane.
OPINION
Current Rejections
The Examiner finds that Antonious discloses each limitation of claim
1, including the "perceptively visible boundary line lying at the intersection
of the first and second portions of said top edge" and "located in a vertical
sweet spot reference plane which includes the center of the sweet spot that is
located on the face of the club head." Final Act. 3--4. The Examiner cites
point 325 as corresponding to the "perceptively visible boundary line." Id.
2
Appeal2017-009416
Application 14/751,563
at 3 ( citing Antonious, 5 :45--46)2. Figures 7 and 8 of Antonious are
reproduced below.
FlG. 7
WO
FIG,8
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