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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/09/2025 has been entered.
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 14-16 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 14 recites the limitation “the first handle body” in line 14. There is insufficient antecedent basis for this limitation in the claim. It is suggested applicant change the recitation of “the first handle body” to --the handle body first end-- (as previously recited in claim 14).
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 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.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Zheng (6030300) in view of Orenstein (20120184400), Combs (20060247072), Pankz (5615891), and Lundstrom (3858877).
Regarding claim 1, Zheng (Figure 6) teaches a floating water game device comprising: a net assembly comprising a horizontal cross member (Fig. 6, Part No. 152), a pair of vertical members (154, 156) attached to the horizontal cross member at opposite ends of the horizontal cross member; a primary anchoring pole (170) attached to the net assembly; a secondary anchor (146) attached to the net assembly; and a ball (Col. 9, Lines 23-34).
Zheng (Fig. 6) does not teach a rear support member hingedly attached to each of the vertical members, a glove, and a tether that attaches the secondary anchor to the rear support member, wherein the secondary anchor is adjustable in length and comprises a pointed end and a T-shaped end comprising an eyelet.
Orenstein (Figures 8-11) teaches a rear support member (Fig. 7 and 11, Part No. 216) hingedly attached (Para. 0049) to each of the vertical members (244, 246) (Para. 0039, 0044).
Combs (Figures 1-2) teaches a glove (Para. 0023).
Pankz (Figures 1-3) teaches a tether (Fig. 1, Part No. 7) (Col. 3, Lines 6-12) that attaches the secondary anchor (5) to the rear support member (4).
Lundstrom (Figures 1-11) teaches the secondary anchor (Fig. 1, Part No. 30) is adjustable in length (Col. 3, Lines 40-43) and comprises a pointed end (Fig. 1, Part No. 29) and a T-shaped end (Fig. 1 and 5, Part No. 28) comprising an eyelet (28) (Col. 3, Lines 40-43).
It is noted that the prior art of Lundstrom teaches a “T-shaped end” (See Lundstrom: Fig. 5, Part No. 28). As an alternative rejection, it is noted that changing the shape/configuration of an end of the anchor of Lundstrom is a matter of choice which a person of ordinary skill in the art would have found obvious (See: In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)).
It is noted that claims are interpreted using a broadest reasonable interpretation (BRI). Under BRI, the claim recitation of “pointed end” is being interpreted to mean an end that is “a sharpened or tapered tip or end”. Lundstrom teaches a tapered end (See fig. 1-2, Part No. 29).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide Zheng (Fig. 6) with a rear support member hingedly attached to each of the vertical members as taught by Orenstein as a means of providing a goal with foldable/pivotable members (Orenstein: Para. 0039, 0049), to provide Zheng with a glove as taught by Combs as a means of providing a water sports game with rules of game play that use a glove to project a ball towards a target (Combs: Para. 0023), to provide Zheng (Fig. 6) with a tether that attaches the secondary anchor to the rear support member as taught by Pankz as a means of providing a water sports game apparatus with an anchor attached to the sports game apparatus by a line/tether (Pankz: Col. 3, Lines 6-12), and to provide Zheng (Fig. 6) with the secondary anchor is adjustable in length as taught by Lundstrom as a means of permitting variation in the length of the anchor so that the floating game may be located in different depths of the water (Lundstrom: Col. 3, Lines 40-43).
Regarding claim 2, the modified Zheng (Figure 6) teaches the net assembly is comprised of a material (190, 192) that allows it to float on water (Col. 9, Lines 24-34).
Regarding claim 3, the modified Zheng (Figure 6) teaches the primary anchoring pole (170) and the secondary anchor (146) maintain the floating water game device within a desired location (See fig. 6).
Regarding claim 4, the modified Zheng (Figure 6) teaches a primary anchoring pole (170).
The modified Zheng does not teach a second end of the primary anchoring pole is pointed.
Lundstrom (Figures 1-11) teaches a second end of the primary anchor is pointed (Fig. 1 and 5, Part No. 29) (Col. 3, Lines 40-43).
It is noted that claims are interpreted using a broadest reasonable interpretation (BRI). Under BRI, the claim recitation of “pointed end” is being interpreted to mean an end that is “a sharpened or tapered tip or end”. Lundstrom teaches a tapered end (See fig. 1-2, Part No. 29).
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 Zheng (Fig. 6) with a second end of the primary anchoring pole is pointed as taught by Lundstrom as a means of providing a floating water game device with tapered anchors (Lundstrom: Col. 3, Lines 40-43).
Claims 7-12 are rejected under 35 U.S.C. 103 as being unpatentable over Zheng in view of Orenstein, German (20200238155), Combs, Plocher (20100071108), Pankz, and Lundstrom.
Regarding claim 7, Zheng (Figure 6) teaches a floating water game device comprising: a net assembly (Col. 4, Lines 51-58); a pair of vertical frame members (Fig. 6, Part No. 154, 156); a horizontal cross member (Fig. 6, Part No. 152); a rear support member (146) attached to each of the vertical support members; a flotation device (Fig. 6, Part No. 192) attached to the rear support member configured to allow a user to inject air into the flotation device; a primary anchoring pole (170) attached to the net assembly; a secondary anchor (146) attached to the net assembly; a buoyant ball (Col. 9, Lines 23-34).
Zheng (Fig. 6) does not teach a rear support member hingedly attached to each of the vertical members; a scoreboard comprising two sets of waterproof flip scoreboards; a glove having a plurality of fingers and a netting; and a tether attaching the secondary anchor to the net assembly, wherein the secondary anchor is adjustable in length.
Orenstein (Figures 8-11) teaches a rear support member (Fig. 7 and 11, Part No. 216) hingedly attached (Para. 0049) to each of the vertical members (244, 246) (Para. 0039, 0044).
German (Figures 1-7) teaches a scoreboard comprising two sets of waterproof flip scoreboards (Fig. 1, Part No. 2a, 2c) (Para. 0016) of waterproof (Para. 0014) flip scoreboards (See fig. 4-6).
It is noted that German (Para. 0016) discloses: “the Portable Scoreboard 1 may have a varying number of panels depending on the application. In some embodiments, there are two panels. In other embodiments there are four panels. In other embodiments still, there may be five panels, up to any number of panels desired by the user”.
Combs (Figures 1-2) teaches a water sports apparatus where a glove is used to toss/throw a ball at a target (Para. 0023).
Plocher (Figures 1-10) teaches a glove having a plurality of fingers (112, 113, 114, 115) and a netting (105) (Para. 0016).
Pankz (Figures 1-3) teaches a tether (Fig. 1, Part No. 7) (Col. 3, Lines 6-12) attaching the secondary anchor (5) to the net assembly.
Lundstrom (Figures 1-11) teaches the secondary anchor (Fig. 1, Part No. 30) is adjustable in length (Col. 3, Lines 40-43).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide Zheng (Fig. 6) with a flotation device hingedly attached to the rear support member as taught by Orenstein as a means of providing a goal with foldable/pivotable members (Orenstein: Para. 0039, 0049), to provide Zheng (Fig. 6) with waterproof flip scoreboards as taught by German as a means of displaying critical information a sports game in real time (German: Para. 0014), to provide Zheng (Fig. 6) with a glove as taught by Combs as a means of providing a water sports game with rules of game play that use a glove to project a ball towards a target (Combs: Para. 0023), to provide Zheng (Fig. 6) with a glove having a plurality of fingers and a netting as taught by Plocher as a means of providing a glove with netting that allows a user to retrieve a ball quickly (Plocher: Para. 0016), to provide Zheng (Fig. 6) with a tether that attaches the secondary anchor to the net assembly as taught by Pankz as a means of providing a water sports game apparatus with an anchor attached to the sports game apparatus by a line/tether (Pankz: Col. 3, Lines 6-12), and to provide Zheng (Fig. 6) with the secondary anchor is adjustable in length as taught by Lundstrom as a means of permitting variation in the length of the anchor so that the floating game may be located in different depths of the water (Lundstrom: Col. 3, Lines 40-43).
Regarding claim 8, the modified Zheng (Figure 6) teaches the net assembly is comprised of a material (190) that floats on water.
Regarding claim 9, the modified Zheng (Figure 6) teaches the primary anchoring pole and the secondary anchor maintain the floating water game device within a desired location (See fig. 6).
Regarding claim 10, the modified Zheng (Figure 6) teaches a secondary anchor (146) attached to the net assembly.
The modified Zheng does not teach a first end of the secondary anchor is T-shaped.
Lundstrom (Figures 1-11) teaches a first end of the secondary anchor is T-shaped (Fig. 1 and 5, Part No. 28) (Col. 3, Lines 40-43).
It is noted that the prior art of Lundstrom teaches a “T-shaped” end (See Lundstrom: Fig. 5, Part No. 28). As an alternative rejection, it is noted that changing the shape/configuration of an end of the anchor of Lundstrom is a matter of choice which a person of ordinary skill in the art would have found obvious (See: In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)).
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 Zheng (Fig. 6) with a first end of the secondary anchor is T-shaped as taught by Lundstrom as a means of using eye bolts to secure a floating water game device (Lundstrom: Col. 3, Lines 40-43).
Regarding claim 11, the modified Zheng (Figure 6) teaches a primary anchoring pole (170) attached to the net assembly.
The modified Zheng does not teach a second end of the primary anchoring pole is pointed.
Lundstrom (Figures 1-11) teaches a second end of the primary anchor is pointed (Fig. 1 and 5, Part No. 29) (Col. 3, Lines 40-43).
It is noted that claims are interpreted using a broadest reasonable interpretation (BRI). Under BRI, the claim recitation of “pointed end” is being interpreted to mean an end that is “a sharpened or tapered tip or end”. Lundstrom teaches a tapered end (See fig. 1-2, Part No. 29).
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 Zheng (Fig. 6) with a second end of the primary anchoring pole is pointed as taught by Lundstrom as a means of providing a floating water game device with tapered anchors (Lundstrom: Col. 3, Lines 40-43).
Regarding claim 12, the modified Zheng (Figure 6) teaches a secondary anchor (146) attached to the net assembly.
The modified Zheng does not teach a second end of the secondary anchor is pointed.
Lundstrom (Figures 1-11) teaches a second end of the secondary anchor is pointed (Fig. 1 and 5, Part No. 29) (Col. 3, Lines 40-43).
It is noted that claims are interpreted using a broadest reasonable interpretation (BRI). Under BRI, the claim recitation of “pointed end” is being interpreted to mean an end that is “a sharpened or tapered tip or end”. Lundstrom teaches a tapered end (See fig. 1-2, Part No. 29).
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 Zheng (Fig. 6) with a second end of the secondary anchor is pointed as taught by Lundstrom as a means of providing a floating water game device with tapered anchors (Lundstrom: Col. 3, Lines 40-43).
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Zheng in view of Orenstein, Zavracky, Combs, Gonzales (20190269993), and Kessler (5303932).
Regarding claim 14, Zheng (Figure 6) teaches a floating water game device comprising: a net assembly comprising a horizontal cross member (Fig. 6, Part No. 152), a pair of vertical members (Fig. 6, Part No. 154, 156) attached to the horizontal cross member at opposite ends of the horizontal cross member, and a rear support member (146) attached to each of the vertical members; a flotation device (192) attached to the rear support member; a primary anchoring pole (170); a pair of secondary anchors (Fig. 6, Part No. 146, 183); a ball (Col. 9, Lines 23-34).
Zheng does not teach a rear support member hingedly attached to each of the vertical members, a flotation device comprising a cap configured to allow a user to inject air into the flotation device, at least one glove; and wherein the primary anchoring pole is attached to the rear support member via a magnetic fastener, wherein each secondary anchor comprises a handle body first end comprising a plurality of openings and a secondary handle body extendable out of the first handle body for adjusting a length of each secondary anchor.
Orenstein (Figures 8-11) teaches a rear support member (Fig. 7 and 11, Part No. 216) hingedly attached (Para. 0049) to each of the vertical members (244, 246) (Para. 0039, 0044).
Zavracky teaches a flotation device comprising a cap (Fig. 1-2 and 4, Part No. 36) (Para. 0022, 0045) configured to allow a user to inject air into the flotation device (0042).
Combs (Figures 1-2) teaches at least one glove (Para. 0023).
Gonzales (Figures 1-8) teaches the primary anchoring pole (Fig. 1, Part No. 50) is attached to the rear support member (Fig. 1, Part No. 100) via a magnetic fastener (Fig. 4, Part No. 400, 450) (Para. 0028-0029).
Kessler (Fig. 1-6) teaches each secondary anchor comprises a handle body first end comprising a plurality of openings (Fig. 2, Part No. 20, 26) and a secondary handle body (Fig. 3, Part No. 14) extendable out of the first handle body (18) for adjusting a length of each secondary anchor.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide Zheng (Fig. 6) with a rear support member hingedly attached to each of the vertical members as taught by Orenstein as a means of providing a goal with foldable/pivotable members (Orenstein: Para. 0039, 0049), to provide Zheng (Fig. 6) with a flotation device comprising a cap as taught by Zavracky as a means of providing a water sports device with a valve configured to allow the water sports device to be inflated/deflated as desired by a user (Zavracky: Para. 0042), to provide Zheng (Fig. 6) with at least one glove as taught by Combs as a means of providing a water sports game with rules of game play that use a glove to project a ball towards a target (Combs: Para. 0023), to provide Zheng with the primary anchoring pole is attached to the rear support member via a magnetic fastener as taught by Gonzales as a means of providing a water sports game apparatus with magnetic fasteners that secure a pole of the apparatus to a support member of the apparatus (Gonzales: Para. 0029), and to provide Zheng with a secondary handle body extendable out of the first handle body for adjusting a length of each secondary anchor as taught by Kessler as a means of providing a net game anchor assembly with telescoping members so that a height of the game can be adjusted (Kessler: Col. 2, Lines 56-62).
Regarding claim 15, the modified Zheng (Figure 6) teaches a primary anchoring pole (170).
The modified Zheng does not teach the primary anchoring pole is extendable in length.
Kessler (Figures 1-6) teaches the primary anchoring pole is extendable in length (Col. 4, Lines 24-30 and Lines 36-43).
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 Zheng with the primary anchoring pole is extendable in length as taught by Kessler as a means of proving a height adjustable telescopic anchoring pole for a game apparatus (Kessler: Col. 4, Lines 24-30 and Lines 36-43).
Response to Arguments
Applicant’s arguments with respect to claims 1-4, 7-12, and 14-15 have been considered but are moot because the new ground of rejection does not rely on any reference 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 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