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Patent 2490329 Summary

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(12) Patent Application: (11) CA 2490329
(54) English Title: GOLF DIVOT TOOL BEARING A BALL MARKER
(54) French Title: ASSUJETTISSEUR DE MOTTES DE GOLF COMPORTANT UN MARQUEUR DE BALLES
Status: Deemed Abandoned and Beyond the Period of Reinstatement - Pending Response to Notice of Disregarded Communication
Bibliographic Data
(51) International Patent Classification (IPC):
  • A63B 57/35 (2015.01)
  • A63B 57/00 (2015.01)
  • A63B 57/50 (2015.01)
(72) Inventors :
  • KENNEDY, KEN (Canada)
(73) Owners :
  • KEN KENNEDY
(71) Applicants :
  • KEN KENNEDY (Canada)
(74) Agent: RICHES, MCKENZIE & HERBERT LLP
(74) Associate agent:
(45) Issued:
(22) Filed Date: 2004-12-15
(41) Open to Public Inspection: 2006-03-22
Examination requested: 2009-12-15
Availability of licence: N/A
Dedicated to the Public: N/A
(25) Language of filing: English

Patent Cooperation Treaty (PCT): No

(30) Application Priority Data:
Application No. Country/Territory Date
10/945,951 (United States of America) 2004-09-22

Abstracts

English Abstract


A golf divot repair tool that includes a holder for markers used in marking
the
position of golf balls on the golf course is disclosed. The golf divot repair
tool
comprises: a body, at least one pointed arm extending from the body, a
depression in
the body, a magnetic material disposed in the depression, a ball marker
constructed
at least partially of a material attracted by magnetism and adapted to be
releasably
held in the depression by the magnetic material, and an opening formed through
the
body at the depression. Optionally, a movable member is disposed in the
opening
which, when moved, moves the ball marker, when the ball marker is held in the
depression, away from the magnetic material a sufficient distance to release
the ball
marker from the depression. The ball marker is flat and carries advertising or
other
indicia on at least one of its surfaces. Various alternatives are disclosed
for inserting
and retaining the ball marker in the divot tool.


Claims

Note: Claims are shown in the official language in which they were submitted.


WHAT IS CLAIMED IS:
The embodiments of the invention in which an exclusive property or privilege
is claimed are defined as follows:
1. A golf divot repair tool comprising:
a body,
at least one pointed arm extending from said body,
a depression in said body,
a magnetic material disposed in said depression,
a ball marker constructed at least partially of a material attracted by
magnetism and adapted to be releasably held in said depression by said
magnetic material, and
an opening formed through said body at said depression, said opening being
of sufficient size to allow a anger to be inserted through said opening to
push said ball marker away from the magnetic material a sufficient
distance to release the ball marker from the depression.
2. The golf divot repair tool of claim 1, wherein said opening is circular and
has a
diameter in the range of from 5 to 40 mm.
3. A golf divot repair tool comprising:
a body,
at least one pointed arm extending from said body,
a depression in said body,
a magnetic material disposed in said depression,
a ball marker constructed at least partially of a material attracted by
magnetism and adapted to be releasably held in said depression by said
magnetic material,
an opening formed through said body at said depression, and
-12-

a movable member disposed in said opening which, when moved, moves the
ball marker, when the ball marker is held in the depression, away from the
magnetic material a sufficient distance to release the ball marker from the
depression, said opening being of sufficient size to allow a finger to be
inserted through said opening to push said movable member to move said
ball marker away from the magnetic material a sufficient distance to
release the ball marker from the depression.
4. The golf divot repair tool of any one of claims 1 to 3, wherein said
magnetic
material comprises at least two magnets circumferentially spaced about
the depression.
5. The golf divot repair tool of any one of claims 1 to 3, wherein said
magnetic
material is an annular magnet centered about the depression.
6. A golf divot repair tool comprising:
a body,
at least one pointed arm extending from said body,
an opening through said body, said opening being formed by a pair of inwardly
curved flanges,
a spring disposed within said opening,
a ball marker adapted to be inserted between said flanges and releasably
secured thereto by means of said spring.
-13-

7. A golf divot repair tool as claimed in claim 1 wherein said ball marker is
flat on
both surfaces and carries advertising or other indicia on at least one of said
surfaces.
8. A golf divot repair tool as claimed in claim 3 wherein said ball marker is
flat on
both surfaces and carries advertising or other indicia on at least one of said
surface.
9. A golf divot repair tool as claimed in claim 6 wherein said ball marker is
flat on
both surfaces and carries advertising or other indicia on at least one of said
surface.
10. A golf divot repair tool as claimed in claim 1 wherein said ball marker is
flat
on both surfaces and carries advertising or other indicia on both surfaces
thereof.
11. A golf divot repair tool as claimed in claim 3 wherein said ball marker is
flat
on both surfaces and carries advertising or other indicia on both surfaces
thereof.
12. A golf divot repair tool as claimed in claim 6 wherein said ball marker is
flat
on both surfaces and carries advertising or other indicia on both surfaces
thereof.
-14-

13. A golf divot repair tool comprising:
a body,
at least one pointed arm extending from said body,
an opening through said body, said opening being formed by a pair of
inwardly curved flanges, the forward part of said flanges appearing cut
away forming a slot therebetween and the rear part of said flanges
appearing contiguous with each other,
a spring disposed within said opening,
a ball marker adapted to be inserted between said slot between said flanges
and releasably secured thereto by means of said spring.
14. A golf divot repair tool comprising:
a body,
at least one pointed arm extending from said body,
a depression in said body,
a magnetic material disposed in said depression,
a ball marker constructed at least partially of a material attracted by
magnetism and adapted to be releasably held in said depression by said
magnetic material,
an opening through said body, said opening being formed by a pair of
inwardly curved flanges, the forward part of which is cut away forming a
slot therebetween, the rearward portion of which is continuous,
-15-

a ball marker, said ball marker adapted to be inserted through said slot
between said flanges.
15. A golf divot repair tool comprising:
a body,
at least one pointed arm extending from said body,
an opening through said body, said opening being formed by a pair of
inwardly curved flanges, the forward part of said flanges appearing cut
away forming a slot therebetween and the rear part of said flanges
appearing contiguous with each other,
a spring disposed within said opening,
a ball marker adapted to be inserted between said slot between said flanges
and releasably secured thereto by means of said spring, wherein said
ball marker is flat on both surfaces and carries advertising or other
indicia on both sides of said surfaces.
16. A golf divot repair tool comprising:
a body,
at least one pointed arm extending from said body,
a depression in said body,
a magnetic material disposed in said depression,
-16-

a ball marker constructed at least partially of a material attracted by
magnetism and adapted to be releasably held in said depression by said
magnetic material,
an opening through said body, said opening being formed by a pair of
inwardly curved flanges, the forward part of which is cut away forming a
slot therebetween, the rearward portion of which is continuous,
a ball marker, said ball marker adapted to be inserted through said slot
between said flanges, wherein said ball marker is flat on both surfaces
and carries advertising or other indicia on both sides of said surfaces.
-17-

Description

Note: Descriptions are shown in the official language in which they were submitted.


CA 02490329 2004-12-15
GOLF DIVOT TOOL BEARING A BALL MARKER
FIELD OF THE INVENTION
This invention relates to a multi-functional device for use in the game of
golf.
In particular, this invention relates to a golf divot repair tool that also
holds a marker
used in marking the position of golf balls on the golf course.
BACKGROUND OF THE INVENTION
When a golfer heads for the golf course, the golfer needs several items.
First,
the golfer needs a golf divot repair tool to repair the sod when it is
disturbed during
play. Divot repair tools are provided with pointed ends to stick down into the
sod in
order to lift the sod.
Second, a golfer needs a ball marker, and an accompanying holder, during the
play of golf. Conventional marker holders can removably receive a ball marker,
which is most often magnetically attached to a depression in the holder.
In the prior art, magnetic marker holders provide a depression to removably
receive a ball marker. The marker is held in place by a magnet located at a
first end
of the depression. The magnet would correspond to a first end of the marker.
To
remove the marker, a second end of the marker is depressed, which rocks the
marker off the magnet, and detaches the marker from the holder.
-1-

CA 02490329 2004-12-15
t
United States patent 5,295,683 issued to Tate on March 22, 2004 and entitled
Golf Divot Tool with Ball Marker discloses a divot tool with a ball marker
which
comprises an annular disk of magnetic material with a post projecting
therefrom. The
post extends through an opening in the magnetic material so that when the ball
marker is to be ejected from the seat, the post is pressed to push the shield
out of the
recessed ball marker seat in the body.
Another example of a golf divot tool is shown in U.S. patent 6,033,322 issued
on March 7, 2000 to England. This device shows a ball marker for repairing
divots
which uses a ball marker which comprises an annular disk with a protruding
stem
which is retained within a slot. Cope discloses in U.S. patent 6,569,039 which
issued
on May 27, 2003, a golf ball position marking assembly which also discloses
the use
of a circular disk with a post extending therefrom as the ball marker.
All of these prior art devices show the use of an annular disk with a post or
stem protruding therefrom. These prior art devices are based on the theory
that the
ball market must extend inwardly into the turf to secure it in place to
prevent it from
being dislodged from the green where it is used. As such, all of the devices
use the
stem or post to remove the ball marker from the divot tool.
Also, by using the stem or post, this prevents advertising material and the
like
from being displayed on both sides of the ball marker. It also requires the
ball marker
to be used in only one orientation, that is, with the post or stem extending
downwardly into the turf. A third drawback of the prior art devices is that
the
mechanism does not retain or adequately secure the marker to the holder. It is
-2-

CA 02490329 2004-12-15
common in these devices for the marker to unintentionally detach from the
holder and
become lost.
Accordingly, there is a need for a multi-functional golf device that provides
a
divot repair tool and an improved ball marker and ball marker holder.
SUMMARY OF THE INVENTION
Accordingly, it is an object of this invention to at least partially overcome
the
disadvantages of the prior art. Also, it is an object of this invention to
provide an
improved divot repair tool that includes an improved holding means for a ball
marker.
It is a further object of the present invention to provide an improved divot
repair tool that includes an improved holding means for a ball marker wherein
the ball
marker is flat on both sides and is adapted to receive indicia or other
advertising on
at least one or on both sides of the ball marker.
It is a further object of the present invention to provide an improved divot
repair tool that includes an improved holding means for a ball marker wherein
the ball
marker is flat on both sides and is adapted to receive indicia and other
advertising on
both sides of the ball marker.
It is a further object of the present invention to provide an improved golf
divot
repair tool wherein the ball marker is refeasably secured to the golf divot
repair tool
by means of a spring.
-3-

CA 02490329 2004-12-15
Accordingly, one aspect of the invention resides in a golf divot repair tool
comprising: a body, at least one pointed arm extending from said body, a
depression
in said body, a magnetic material disposed in said depression, a ball marker
constructed at least partially of a material attracted by magnetism and
adapted to be
releasably held in said depression by said magnetic material, and an opening
formed
through said body at said depression, said opening being of sufficient size to
allow a
finger to be inserted through said opening to push said ball marker away from
the
magnetic material a sufficient distance to release the ball marker from the
depression.
In another aspect of the invention, said opening is circular and has a
diameter
of from 5 to 40 mm.
In a further aspect, the invention resides in a golf divot repair tool
comprising:
a body, at least one pointed arm extending from said body, a depression in
said
body, a magnetic material disposed in said depression, a ball marker
constructed at
least partially of a material attracted by magnetism and adapted to be
releasably
held in said depression by said magnetic material, an opening formed through
said
body at said depression, and a movable member disposed in said opening which,
when moved, moves the ball marker, when the ball marker is held in the
depression,
away from the magnetic material a sufficient distance to release the ball
marker from
the depression, said opening being of sufficient size to allow a finger to be
inserted
through said opening to push said movable member to move said ball marker away
from the magnetic material a sufficient distance to release the ball marker
from the
depression.
-4-

CA 02490329 2004-12-15
In yet another aspect of the invention, said magnetic material comprises at
least two magnets circumferentially spaced about the depression.
In another aspect of the invention, said magnetic material is an annular
magnet centered about the depression.
In yet a further aspect of the invention, there is provided an improved golf
divot
repair tool comprising a body, at least one pointed arm extending from said
body, an
opening for and through said body, said opening being formed by a pair of
inwardly
curved flanges, a spring disposed within said opening, a ball marker adapted
to be
inserted between said flanges and releasably secured thereto by means of said
spring.
In yet another of its aspects, the invention provides an improved golf repair
divot tool comprising a body, at least one pointed arm extending from said
body, a
depression in said body, a magnetic material disposed in said depression, a
ball
marker constructed at least partially of a material attracted by magnetism and
adapted to be releasably held in said depression by segmented material, and an
opening for and through said body of said depression, wherein said ball marker
is flat
on both surfaces and carries advertising or other indicia on at least one of
said
surfaces.
In another of its aspects, the invention provides an improved golf repair
divot
tool comprising a body, at least one pointed arm extending from said body, a
depression in said body, a slot in the upper front part of said body, a ball
marker
adapted to be inserted through said slot and adapted to be releasably secured
in said
-5-

CA 02490329 2004-12-15
depression, said ball marker being flat and carrying indicia or advertising on
at least
one side of the ball marker.
In still yet another of its aspects, the invention provides a golf divot
repair tool
comprising a body, at least one pointed arm extending from said body, a
depression
in said body, a magnetic material disposed in said depression, a slot in the
upper part
of said body, a ball marker constructed at least partially of a material
attracted by
magnetism and adapted to be releasably held in said depression by said
magnetic
material, a slot in the upper front part of said body, a bail marker adapted
to be
inserted through said slot and adapted to be releasably secured in said
depression
by said magnetic material, said ball marker being flat on both surfaces and
carrying
advertising or other indicia on at least one of said surfaces.
In a further aspect of the invention, there is provided an improved golf divot
repair tool comprising a body, at least one pointed arm extending from said
body, an
opening through said body, a slot in the upper front part of said body, a
spring
disposed within said opening, a ball marker adapted to be inserted through
said slot
and releasably secured thereto by means of said spring, said ball marker being
flat
on both surfaces and carrying advertising or other indicia on at least one of
said
surfaces.
Further aspects of the invention will become apparent upon reading the
following detailed description and drawings which illustrate the invention and
preferred embodiments of the invention.
-6-

CA 02490329 2004-12-15
BRIEF DESCRIPTION OF THE DRAWINGS
In the drawings, which illustrate embodiments of the invention:
Figure 1 is a front view of the tool;
Figure 2 is a front view of the marker;
Figure 3 is a perspective view of the tool and marker; and
Figure 4 is a front view of an alternate embodiment of the tool.
Figure 5 is a front view of an alternate embodiment of the tool of the present
invention showing the movable member.
Figure 6 are three views of a further embodiment of the golf divot tool of the
present invention, wherein:.
Figure 6a is an assembled view;
Figure 6b is a view with the ball marker partially removed; and
Figure 6c is a view showing the ball marker completely removed and
separated from said tool.
Figure 7a is a front view of a further embodiment of the tool of figure 1.
Figure 7b is a rear view of figure 7.

CA 02490329 2004-12-15
Figures 8a, 8b and 8c are front and rear views of a further embodiment of the
tool of the present application with figure 8c showing the tool with the ball
marker
removed therefrom.
Figure 9 are three views of a further embodiment of the golf divot tool of the
present invention wherein figure 9a is an assembled view; figure 9b is a view
with the
ball marker partially removed; and figure 9c is a view showing the ball marker
completely removed and separated from said tool.
Figure 10 are three views of a further embodiment of the golf divot tool of
the
present invention wherein figure 10a is an assembled view; figure 10b is a
view with
the ball marker partially removed; and figure 10c is a view showing the ball
marker
completely removed and separated from said tool.
DETAILED DESCRIPTION OF THE PREFERRED EMBODIMENTS
The golf divot repair tool of this invention is shown generally in the figures
by
the reference numeral 10. The tool 10 includes two arms 16 extending from the
main
body of the tool 10. The arms 16 are pointed or sharpened at their extremities
for
ease of insertion into sod of the golf green.
As shown in Figure 1, a first embodiment of the golf divot repair tool 10
includes a depression 12, which is preferably generally circular in shape.
Magnetic
material is disposed in the depression 12. In the preferred embodiment shown
in
Figure 1, the magnetic material is shown as comprising four magnets 20
circumferentially spaced about the depression 12.
-s-

CA 02490329 2004-12-15
Figure 2 shows the corresponding ball marker 14. The ball marker 14 is
constructed at least partially of a material attracted by magnetism. The
marker 14
complementally fits depression 12, such that the marker 14 is releasably held
in the
depression 12 by the magnetic material.
As shown in Figures 1 and 3, an opening 22 is formed through the body of the
tool 10, at the depression 12. The opening 22 allows an exposed surface of the
marker 14 to be pushed, by a finger for example, such that the ball marker 14
may be
moved. When the ball marker 14 is held in the depression 12, it may be moved
or
pushed away from the magnetic material a sufficient distance to release the
ball
marker 14 from the depression 14. This allows easy removal of the marker 14
from
the tool for use in the play of golf. After use, the marker 14 may be placed
at the
depression 12 to be held in place by the magnetic material once again.
The opening is preferably circular, and may have a diameter in the range of
from 5 to 40 mm.
It will be readily understood by one skilled in the art that the number of
magnets 20 disposed about the depression 12 is not essential, as one or more
magnets 20 may be provided to hold the marker 14 on more than one end. Figure
4
illustrates another embodiment of the invention, wherein the magnetic material
comprises one magnet 24 of annular shape, centered about the depression 12.
In yet another embodiment, as shown in Figure 5, a movable member 30 may
be disposed in the opening 22. When the movable member is moved or pushed
while the ball marker 14 is held in the depression 12, the member moves the
ball
_g_

CA 02490329 2004-12-15
marker 14 away from the magnetic material a sufficient distance to release the
ball
marker 14 from the depression 12.
Accordingly, it can be seen that an improved divot repair tool 10 is provided,
which includes an improved means of holding a ball marker 14 with easy removal
of
the ball marker 14.
Another embodiment is shown in Figures 6a to Figure 6c. In this embodiment,
the upper body 52 of the tool 10 comprises a pair of inwardly curved flanges
54, 54, a
spring 56 nested between said arms (see Figure 6b) and a ball marker 14. To
remove the ball marker 14, it is raised upwardly expanding the spring 56
outwardly
which allows the ball market 14 to be removed through the space 58 between the
flanges 54.
In the embodiment shown in Figure 7a and 7b, the arms 16 (with reference to
Figure 1 ) have been replaced by hook 60 and as shown in Figure 7b, the upper
rear
62 of the body has a small aperture 64 therethrough through which is inserted
hook
66 which is attached to a belt link 68.
Figures 8a, 8b and 8c illustrate a further embodiment wherein the body
includes a hook portion 72 which can be used to attach the tool to a belt (not
shown).
Figure 9 represents a further embodiment of the present invention. In figure
9a, the ball marker 14 is inserted through slot 70. In this embodiment,
inwardly
curved flanges 54, 54 terminate at a distance disposed from each other thereby
creating space 58 between the flanges 54. The body is continuous at the rear
-10-

CA 02490329 2004-12-15
portion thereof forming rear part 70. In this embodiment, ball marker 14 is
inserted
through space 58 between flanges 54 as shown in figure 9b. Ball marker 14 is
held
in the depression 12 by magnetic 24 of annular shape centred about the
depression
12.
A further embodiment is illustrated in figures 10a, 10b and 10c wherein the
ball
marker 14 is inserted through space 58 between the flanges 54. In this
embodiment,
spring 56 nests between the arms as illustrated in figures 6a to 6c.
It will be understood that, although various features of the invention have
been
described with respect to one or another of the embodiments of the invention,
the
various features and embodiments of the invention may be combined or used in
conjunction with other features and embodiments of the invention as described
and
illustrated herein.
As can be seen from the embodiments of the present invention, the ball
marker 14 carries advertising or other indicia on both sides of it thus
providing a
distinct advantage over the prior art devices. Since the ball mark may be
placed in
either direction in the depression, advertising on both sides can be easily
seen by the
user.
Although this disclosure has described and illustrated certain preferred
embodiments of the invention, it is to be understood that the invention is not
restricted to these particular embodiments. Rather, the invention includes all
embodiments which are functional, electrical or mechanical equivalents of the
specific embodiments and features that have been described and illustrated
herein.
-11-

Representative Drawing
A single figure which represents the drawing illustrating the invention.
Administrative Status

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Event History

Description Date
Inactive: IPC deactivated 2015-01-24
Inactive: IPC from PCS 2015-01-17
Inactive: First IPC from PCS 2015-01-17
Inactive: IPC from PCS 2015-01-17
Inactive: IPC from PCS 2015-01-17
Inactive: IPC expired 2015-01-01
Application Not Reinstated by Deadline 2011-12-15
Time Limit for Reversal Expired 2011-12-15
Deemed Abandoned - Failure to Respond to Maintenance Fee Notice 2010-12-15
Letter Sent 2010-02-02
All Requirements for Examination Determined Compliant 2009-12-15
Request for Examination Received 2009-12-15
Request for Examination Requirements Determined Compliant 2009-12-15
Small Entity Declaration Determined Compliant 2008-12-15
Small Entity Declaration Request Received 2008-12-15
Small Entity Declaration Determined Compliant 2007-12-17
Application Published (Open to Public Inspection) 2006-03-22
Inactive: Cover page published 2006-03-21
Amendment Received - Voluntary Amendment 2005-09-15
Inactive: Correspondence - Formalities 2005-03-14
Inactive: First IPC assigned 2005-03-04
Application Received - Regular National 2005-01-27
Filing Requirements Determined Compliant 2005-01-27
Inactive: Filing certificate - No RFE (English) 2005-01-27

Abandonment History

Abandonment Date Reason Reinstatement Date
2010-12-15

Maintenance Fee

The last payment was received on 2009-12-15

Note : If the full payment has not been received on or before the date indicated, a further fee may be required which may be one of the following

  • the reinstatement fee;
  • the late payment fee; or
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Please refer to the CIPO Patent Fees web page to see all current fee amounts.

Fee History

Fee Type Anniversary Year Due Date Paid Date
Application fee - small 2004-12-15
MF (application, 2nd anniv.) - small 02 2006-12-15 2006-12-13
MF (application, 3rd anniv.) - small 03 2007-12-17 2007-12-17
MF (application, 4th anniv.) - small 04 2008-12-15 2008-12-15
MF (application, 5th anniv.) - small 05 2009-12-15 2009-12-15
Request for examination - small 2009-12-15
Owners on Record

Note: Records showing the ownership history in alphabetical order.

Current Owners on Record
KEN KENNEDY
Past Owners on Record
None
Past Owners that do not appear in the "Owners on Record" listing will appear in other documentation within the application.
Documents

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Document
Description 
Date
(yyyy-mm-dd) 
Number of pages   Size of Image (KB) 
Description 2004-12-15 11 401
Abstract 2004-12-15 1 27
Claims 2004-12-15 6 159
Drawings 2004-12-15 8 184
Representative drawing 2006-02-01 1 6
Cover Page 2006-03-10 1 39
Claims 2005-09-15 6 166
Filing Certificate (English) 2005-01-27 1 158
Reminder of maintenance fee due 2006-08-16 1 110
Reminder - Request for Examination 2009-08-18 1 125
Acknowledgement of Request for Examination 2010-02-02 1 176
Courtesy - Abandonment Letter (Maintenance Fee) 2011-02-09 1 172
Correspondence 2005-03-14 2 107
Fees 2006-12-13 1 44
Fees 2007-12-17 1 50
Correspondence 2008-12-15 1 49
Fees 2008-12-15 1 49
Fees 2009-12-15 1 47