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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/16/2026 has been entered.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hollinger et al US 2017/0307341 (“Hollinger”) in view of Kim US 2012/0248702 (“Kim”) Iimura Keiji JP2006117857A (“Iimura Keiji”), and Konz et al US 8,707,612 (“Konz”).
As per claim 42, Hollinger discloses a dartboard gaming system (system 100)(at least Figs. 1-4B; paragraphs [0032], [0035]-[0040] and [0042]) comprising: a sisal, hemp, or paper circular dartboard evenly divided into a plurality of sections (dartboard 108)(Figs. 1 and 2, regarding the circular board divided into sections (regions 204A-204F; [0121] as the dartboard made of sisal and/or paper); a plurality of numbers, one each, positioned at each of the plurality of sections (Fig. 3B in conjunction to Fig. 2 and [0042] regarding scoring indicia); at least one dart that (darts 110; e.g., 110A and/or 110B)(Fig. 1; [0032]); and a case (enclosure 106)(Fig. 1; [0032]) comprising: at least one close-able door (Fig. 1) , an interior (Fig. 1), and lighting mounted within the interior (such as lighting 432 within dartboard 108, which is positioned within enclosure 106)(Figs. 4B and [0061] regarding lights 432 in conjunction to Fig. 1, regarding enclosure 106), the case providing storage for the dartboard and the at least one dart in the interior (Fig. 1).
Hollinger is not specific regarding a phosphorescent solution soaked into the sisal, hemp, or paper circular dartboard, the phosphorescent solution comprising a clear carrier medium and a phosphorescent color adapted to have phosphorescent or fluorescent properties, thereby causing the dartboard to glow in low light conditions; the at least one dart that glows in low light conditions; and such that the lighting mounted in the interior charges when the case is closed so that both the dartboard and the at least one dart glow in the dark.
With respect to the dartboard and the dart including phosphorescent color adapted to have phosphorescent or fluorescent properties, in a similar field of dartboard systems, Kim discloses dartboard 20 and drat pin 10 having phosphorescent color adapted to have phosphorescent or fluorescent properties (Figs. 2 and 3; [0058]-[0079]). Therefore, 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 to form Hollinger’s dartboard, with a phosphorescent color adapted to have phosphorescent or fluorescent properties, thereby causing the dartboard to glow in low light conditions and the at least one dart that glows in low light conditions for the reason that a skilled artisan would have been motivated by Kim’s suggestions that such means provide enhance display of the dartboard and dart in darker places (e.g., [0011] ”to provide a luminous dart board set, which enables a player to easily see a position of a magnetic dart pin stuck into a dart board and a printed matter printed on the dart board with the naked eyes even in a dark place when the player throws the magnetic dart pin at the dart board”).
Kim is not specific regarding the phosphorescent means is a phosphorescent solution comprising a clear carrier medium.
However, Iimura Keiji discloses a phosphorescent means that is solution soaked into the sisal, hemp, or paper circular dartboard, the phosphorescent solution comprising a clear carrier medium (Figs. 1 and 2; page 10, 5th+ par; note in particular paragraph 5 “two types of phosphorescent phosphor particles (phosphorescent pigments) 10 and 11 are mixed in clear paints such as acrylic resin, acrylic urethane resin, and melamine resin that are transparent to their excitation light and afterglow emission light, Disperse into a phosphorescent paint or phosphorescent ink containing two types of phosphorescent phosphor particles 10 and 11,”). Therefore, 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 to form Hollinger- Kim’s phosphorescent is solution soaked into the sisal, hemp, or paper circular dartboard, the phosphorescent solution comprising a clear carrier medium for the reason that a skilled artisan would have been motivated by Iimura Keiji’s suggestions that such phosphorescent solution provides an enhance “glow in the dark properties” (e.g., page 5, 2nd par. “In a preferred embodiment of the present invention, it is possible to provide a phosphorescent light emitting device capable of extending the afterglow time of prior art phosphorescent materials called phosphorescent phosphors, afterglow phosphors, phosphorescent phosphors and the like.”). Such enhance “glow in the dark properties” would have been much desired within the phosphorescent/glow in the dark target of Hollinger -Kim.
With respect to the lighting means as charging the phosphorescent dartboard and dart, in the field of enclosures suitable for storage and support, Konz discloses lighting means (light source 16) of enclosure (box 10) configure to energized phosphorescent stored means (Fig.; 1:58-2:51). Therefore, 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 to form the modified Hollinger’s lighting means such that the lighting mounted in the interior charges when the case is closed so that both the dartboard and the at least one dart glow in the dark for the reason that a skilled artisan would have been motivated by Konz’s suggestions to use box for storing phosphorescent means that is configure to charge the stored phosphorescent means in convenient and efficient charging manner (1:39-43). Such convenient and efficient charging manner is much desired within the modified Hollinger having dartboard, with a phosphorescent color adapted to have phosphorescent or fluorescent properties, thereby causing the dartboard to glow in low light conditions and the at least one dart that glows in low light conditions (taught by Kim) positioned within the enclosure with the lighting source (e.g., Hollinger’s Figs. 1 and 4B).
Response to Arguments
Applicant’s arguments with respect to claim(s) 42 have been considered but are moot because the new ground of rejection does not rely on any reference or combination thereof applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMIR ARIE KLAYMAN whose telephone number is (571)270-7131. The examiner can normally be reached Monday-Friday; 7:00 AM-4:30 PM.
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/A.A.K/Examiner, Art Unit 3711 6/3/2026 /JOHN E SIMMS JR/Primary Examiner, Art Unit 3711
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