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 .
This action is in response to applicant’s remarks and amendments dated 06/16/2025 and 09/15/2025. Claims 1-14 have been amended. Claims 21-26 are new. Claims 15-20 have been cancelled. Claims 21-26 are hereby withdrawn. Claims 1-14 and 21-26 are currently pending.
Election/Restrictions
Newly submitted claims 22-26 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: Claims 1-15 are directed to the originally presented invention, which is aimed at the structure of the instant tent, which primarily focuses on the structure of the instant tent, including frame structure and details of the collapsable frame, cable, spring, poles, and instant hub arrangement for assembling the tent, classified in A63B69/3623. Claims 22-26 are new claims that are directed to an indicia arrangement for a golfing apparatus that specifies specific markings on the net and panels which would be classified in A63B71/0622 / 0694.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 22-26 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 lines 11-12 recites “the instant hub,” which lacks proper antecedent basis. No instant hub was previously claimed. Appropriate correction is required.
Claim 1 line 12 recites “the top center of the tent,” which lacks proper antecedent basis. No top center was previously claimed. Appropriate correction is required.
Claim 2 recites the structure of a second receiving net, but then line 7 recites the limitation “for adding information,” which is unclear. It is unclear how the physical structure of a net “adds information” and what this is intended to mean. Appropriate correction is required.
Claim 3 then also recites another net, but also recites “for adding information,” which is similarly unclear. Appropriate correction is required.
Claim 4 recites two receiving poles, and then recites that the receiving poles support the receiving net. However, claim 1 lines 18-19 previously recited that the receiving net is coupled to “the ceiling, the two opposing side panels, or the collapsible frame,” which is conflicting. The receiving net cannot simultaneously be connected to all of these elements. Appropriate correction is required.
Claims 9, 11, and 12 recite a “weaving hole.” It is unclear from the specification and drawings what, physically, this is intended to be. There is no part number associated with a weaving hole found in the specification. A “hole” item 624, is found in the specification and drawings, but it is unclear what this is intended to be, physically, as this is described as an “impression” in the specification. It is unclear if this is an actual hole, or some sort of indicating feature on the surface of the nets. There is also no description found of a ball passing through a hole with friction in the specification. It is further unclear how one would be accurate enough to hit a ball into a hole that is small enough to create a friction fit with a golf ball, therefore, it is unclear if this feature is somehow a breakaway net or an actual fixed hole. This claim is exceedingly unclear as the specification and drawings do not adequately provide enough information to understand what is being claimed. Appropriate correction / clarification is required.
Allowable Subject Matter
Claims 1-14 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Response to Arguments
Applicant’s arguments, see Remarks, filed 06/16/2025, with respect to the previous rejections have been fully considered and are persuasive. The previous rejections have been withdrawn. However, note the current outstanding 112 issues raised by the claim amendments.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JOSEPH B BALDORI whose telephone number is (571)270-7424. The examiner can normally be reached Monday - Friday 9am to 5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eugene Kim can be reached at 571-272-4463. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH B BALDORI/Primary Examiner, Art Unit 3711