for LAW PROFESSOR

Good afternoon, LP. I hope this finds you well.

I have applied for a provisional patent on individualized butt weighting of a game racquet e.g. tennis. To date, the determination of individualized amount of butt weight on a racquet has been purely by subjective means. (see below*) My invention stipulates an objective means – based upon specific measurement of grip strength or swing speed of the player. Further, my invention stipulates a specific criteria or formula for butt weight amount - greater weight for a player of lesser physical capacity e.g. less measured grip strength or less measured speed of swing.

Therefore, my invention could not be considered a normal development of the concept of butt weighting. This is because normal or conventional thinking would have the greater butt weight be recommended for the stronger, more advanced player. Not to mention that zero objective criteria has been set forth to date in one direction or another re amount of weight relative to player physical capacity.

My question: All else being equal between the prior art and my invention, do you think that the features of my invention make it dinstinctive enough to not step on the toes of the existing patent which, by the way, has lapsed due to lack of payment of fees. Thus, extended butt weighting is now in the public domain.

One tennis company is currently using the individualized butt weighting concept (I brought it to them years ago) but with no measurement of player physical capacity or no criteria for amount of weight in one direction or another relative to measured player capacity. Their recommendation for individualization is merely subjective - based upon the player’s desire for more power or more control of shot. In other words, it is a recommendation based upon the general goals common to all players, for more power or more control versus being based upon measured player physical capacity. In addition, this company has gotten their recommendations (criteria) wrong – iess weight at the butt end for more power. (You can steal the invention but not the inventor’s knowledge. :D)

*“The butt ballast according to the preferred embodiment can be customized in weight to suit the strength and other requirements of different players in consultation with their pro or stringer. It is the player’s responsibility to choose the proper amount of weight to suit the condition of the arm and the player. Weak players, intending to hit an American Twist service, should not attempt to swing a 300 gram butt weight. No warrantees of any kind are made in the present specification or in the claims.” (From Pat.#(NNN) NNN-NNNN

(Have the prices gone up in general? Or have I asked at the wrong time of day?)

Optional Information:
Country relating to Question: United States
State (if USA): Florida

Already Tried:
Nothing