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 .
Response to Amendment
The amendment filed 03/27/2026 has been entered. Claims 13-18 are pending in the application (claims 1-12 are withdrawn).
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 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 following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that 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. Patentability shall not be negated by the manner in which the invention was made.
Claim 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over Lane (4267793) in view of Kim (20110034275), Battaglino (20080064536), and Boisvert (20150375080).
Regarding claim 13, Lane (Figures 1-4) teaches a method for training movement of a sports swing user's feet, legs, hips, hands, arms, shoulders, and back with a compact swing trainer, the method comprising: providing an extendable and retractable component (Fig. 2-3, Part No. 22), wherein the extendable and retractable component is configured to extend and retract from within one or more housing components (10) (Col. 2, Lines 44-68 and Col. 3, Lines 1-11) and a coupling component (20) (Col. 2, Lines 44-55); wherein extension of the extendable and retractable component (22) from the one or more housing components (10) changes the length of the compact swing trainer (See fig. 1-2); providing a tensioning component (24); providing friction between the extendable and retractable component and an interior of the one or more housing components via one or more friction components (46) (Col. 2, Lines 67-68 and Col. 3, Lines 1-11), the friction is provided as the extendable and retractable component (22) retracts into and extends from the one or more housing components (10) and the one or more housing components remain stationary relative to the extendable and retractable component; allowing the extendable and retractable component (22) to extend within the one or more housing components (10) whenever sufficient force is applied from a user's swing of the one or more housing components to overcome the friction from the one or more friction components (46); providing a tactile response to the user when the extendable and retractable component (22) extends within the one or more housing components (10), thereby indicating a predicted desired point of contact during a sports swing; and one or more extension termination components (40).
It is noted that the prior art of Lane is fully capable of performing the claim recitation of “the one or more housing components remain stationary relative to the extendable and retractable component” as the housing of Lane can be held stationary and while the retractable component is moved into and out of the housing component.
Lane does not teach the tensioning component is configured to pass through the coupling component and to contact the extendable and retractable component, wherein the one or more friction components are affixed to the extendable and retractable component and positioned between an exterior surface of the extendable and retractable component and the interior of the one or more housing components, preventing the extendable and retractable component from further extension out of the one or more housing components by one or more extension termination components attached to the extendable and retractable component and configured to engage or contact a portion of the one or more housing components.
Kim (Figures 1-8) teaches the tensioning component (Fig. 1-6, Part No. 48) (Para. 0039, 0042) is configured to pass through the coupling component (46) and to contact the extendable and retractable component (10).
Battaglino (Figures 1-11) the one or more friction components (Fig. 2, Part No. 70) are affixed to the extendable and retractable component (20) (Para. 0039) and positioned between an exterior surface of the extendable and retractable component (20) and the interior of the one or more housing components (15) (Para. 0039).
Boisvert (Figures 1-12) teaches preventing the extendable and retractable component (Fig. 4A-4B, Part No. 38) from further extension out of the one or more housing components (34) by one or more extension termination components (Fig. 4A-4B, Part No. 50) (Para. 0024) attached to the extendable and retractable component (38) and configured to engage or contact a portion (50) of the one or more housing components (34) (Para. 0024).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide Lane with the tensioning component is configured to pass through the coupling component and to contact the extendable and retractable component as taught by Kim as a means of adjusting the moving range of an extendable component (Kim: Para. 0039, 0042), to provide Lane with the one or more friction components are affixed to the extendable and retractable component as taught by Battaglino as a means of providing an extendable and retractable component with a spacer to take up slack between the extendable and retractable component and a housing in which the extendable component is able to slide (Battaglino: Para. 0039), and to provide Lane with one or more extension termination components configured to engage or contact a portion of the one or more housing components as taught by Boisvert as a means of providing a sport swing trainer with an element that stops further extension of a retractable component along an axis of the swing trainer (Boisvert: Para. 0024).
Regarding claim 14, the modified Lane (Figures 1-4) teaches adjustably retarding the movement of the extendable and retractable component (22) by positioning the tensioning component (24) (Col. 2, Lines 44-55).
Regarding claim 15, the modified Lane (Figures 1-4) teaches providing a tactile response comprises allowing the extendable and retractable component (22) to move from a first, retracted position to a second, extended position with respect to the one or more housing components (10) (See fig. 2-3).
Regarding claim 16, the modified Lane (Figures 1-4) teaches containing the extendable and retractable component (22) within the one or more housing components (10) comprises attaching the coupling component (20) to the extendable and retractable component (22) and the one or more housing components (10) (See fig. 2-3).
Regarding claim 17, the modified Lane (Figures 1-4) teaches preventing the extendable and retractable component (22) from further extension out of the one or more housing components (10) comprises interacting, by the coupling component (20), with the one or more extension termination components (40) (Col. 2, Lines 67-68 and Col. 3, Lines 1-11).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Lane in view of Kim, Battaglino, and Boisvert, further in view of Rodriguez (20150224381).
Regarding claim 18, the modified Lane (Figures 1-4) teaches providing an extendable and retractable component (Fig. 2-3, Part No. 22), wherein the extendable and retractable component is configured to extend and retract from within one or more housing components (10) (Col. 2, Lines 44-68 and Col. 3, Lines 1-11).
The modified Lane does not teach measuring one or more characteristics of the user's swing via an interchangeable terminus component comprising a swing data measurement component, wherein the interchangeable terminus component is attached to the extendable and retractable component.
Rodriguez (Figures 1-11) teaches measuring one or more characteristics of the user's swing via an interchangeable terminus component (Fig. 11, Part No. 160) (Para. 0063) comprising a swing data measurement component (Para. 0063), wherein the interchangeable terminus component is attached to the extendable and retractable component (162).
It is noted that the prior art of Rodriguez discloses element 160 which houses element 166 which reads on the claimed swing data measurement component (See Rodriguez: Para. 0063).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified lane with measuring one or more characteristics of the user's swing via an interchangeable terminus component as taught by Rodriguez as a means of detecting and recording velocity, acceleration, torque force and other physical data of a sports implement used for swing training (Rodriguez: Para. 0063).
Response to Arguments
Applicant's arguments filed 03/27/2026 have been fully considered but they are not persuasive.
Applicant argues that the prior art of record does not teach the recitation in claim 13 of “the one or more friction components are affixed to the extendable and retractable component”, this is not found persuasive because claims 13-17 are rejected under 35 USC 103 as being unpatentable over Lane (4267793) in view of Kim (201100342275), Battaglino (20080064536), and Boisvert (20150375080). Battaglino (Figures 1-11) the one or more friction components (Fig. 2, Part No. 70) are affixed to the extendable and retractable component (20) (Para. 0039) and positioned between an exterior surface of the extendable and retractable component (20) and the interior of the one or more housing components (15) (Para. 0039). Applicant argues providing the prior art of Lane with the teachings of Battaglino would render the prior art of Lane unsatisfactory for its intended purpose, this is not found persuasive because the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). In the instant case the prior art of Lane teaches a friction component (46; Col. 2, Lines 67-68 and Col. 3, Lines 1-11). In the instant case, the providing Lane with “one or more friction components are affixed to the extendable and retractable component” is a matter of simple substitution of the friction member as taught by Lane for the friction member as taught by Battaglino to obtain predictable results (a swing training device comprising a shaft that is moveable within a housing to achieve swing training) (See: KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007)). The friction members of Lane and Battaglino are attached to a shaft held within a housing, the friction members acting between the shaft and the housing during swing training.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER GLENN whose telephone number is (571)272-1277. The examiner can normally be reached 9:00 a.m. - 5:00 p.m..
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/C.G./Examiner, Art Unit 3711
/JOSEPH B BALDORI/Primary Examiner, Art Unit 3711
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