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 03/13/2026 has been entered. Claims 1-20 are pending in the application.
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 1-5, 8-12, 14-17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (20200206597) in view of Kiraly (20080039222), Kudirka (20200004322), and Gottstein (20180018650).
Regarding claim 1, Lee (Figures 1-42) teaches a sports simulator (Para. 0042), comprising: a piece of sports equipment (Fig. 3-42, Part No. 2); a second sensor (Fig. 1, Part No. 120; Para. 0046) (Fig. 20, Part No. 310; Para. 0093) configured to detect a trajectory of a ball; a display (152; Para. 0042) (340; Para. 0093) configured to display a sports simulation; a processor (Para. 0095); and a processor that causes the sports simulator to: receive the trajectory of the ball from the second sensor responsive to the second sensor detecting use of the piece of sports equipment to interact with the ball (Para. 0046; 0095); generate simulation data indicative of a virtual ball with a virtual flight path responsive to the trajectory (Para. 0057, 0061); and cause the display to display the virtual flight path of the virtual ball in the sports simulation (Para. 0061, 0089).
Lee does not teach a piece of sports equipment bearing a marking configured to at least partially identify the piece of sports equipment; a first sensor configured to automatically detect the marking; a computer-readable storage medium storing instructions thereon that, when executed by the processor, cause the sports simulator to: receive an identification of the marking responsive to the first sensor detecting the marking; identify a characteristic of the piece of sports equipment associated with the marking in a database responsive to receiving the identification of the marking; store the characteristic of the piece of sports equipment in association with the virtual flight path of the virtual ball; and cause the display to display a recommendation to utilize a different piece of sports equipment based, at least in part, on a determination that the virtual flight path of the virtual ball underperforms relative to other virtual flight paths of other virtual balls corresponding to pieces of sports equipment having characteristics other than the characteristic of the piece of sports equipment detected by the first sensor.
Kiraly (Figures 1-17) teaches a piece of sports equipment bearing a marking (Para. 0068) configured to at least partially identify the piece of sports equipment (Para. 0069); a first sensor (Para. 0069) configured to automatically detect the marking; a computer-readable storage medium storing instructions thereon that, when executed by the processor, cause the sports simulator to: receive an identification of the marking responsive to the first sensor detecting the marking (Para. 0068-0069); identify a characteristic of the piece of sports equipment associated with the marking in a database responsive to receiving the identification of the marking (Para. 0068-0069), store the characteristic of the piece of sports equipment (Para. 0068); and store the characteristic of the piece of sports equipment (Para. 0059, 0068).
Kudirka (Figures 1-14) teaches a computer-readable storage medium storing instructions thereon (Para. 0061-0062) that, when executed by the processor, cause the sports simulator to: store the characteristic of the piece of sports equipment in association with the virtual flight path of the virtual ball (Para. 0129, 0131, 0139).
Gottstein teaches cause the display to display a recommendation to utilize a different piece of sports equipment based, at least in part, on a determination that the virtual flight path of the virtual ball underperforms relative to other virtual flight paths of other virtual balls corresponding to pieces of sports equipment having characteristics other than the characteristic of the piece of sports equipment detected by the first sensor (Para. 0117-0118).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide Lee with a piece of sports equipment bearing a marking configured to at least partially identify the piece of sports equipment as taught by Kiraly as a means of providing a golf club with a bar code that identifies the club number, shaft length, shaft style, manufacturer, model number, and other club information (Kiraly: Para. 0068-0069), and to provide Lee with storing the characteristic of the piece of sports equipment in association with the virtual flight path of the virtual ball as taught by Kudirka as a means of providing a user of a mixed sports simulator with historical data comprising virtual trajectories of shots taken with different club types (Kudirka: Para. 0131, 0139), and to provide Lee with causing the display to display a recommendation to utilize a different piece of sports equipment based, at least in part, on a determination that the virtual flight path of the virtual ball underperforms as taught by Gottstein as a means of augmenting the driving range experience by collecting and displaying a golfer's performance information and then to recommend a club that would best serve the golfer's needs based on the golfer's performance data (Gottstein: Para. 0117-0118).
Regarding claim 2, the modified Lee (Figures 1-42) teaches the processor causes the sports simulator to: accept a user identification for a user of the piece of sports equipment (Para. 0095); and store the user identification in association with the virtual flight path of the virtual ball (Para. 0095).
Regarding claim 3, the modified Lee (Figures 1-42) teaches a sports simulator (Para. 0042), comprising: a piece of sports equipment (Fig. 3-42, Part No. 2).
The modified Lee does not teach the instructions stored on the computer- readable storage medium, when executed by the processor, cause the sports simulator to: determine whether the virtual flight path of the virtual ball underperforms relative to other virtual flight paths of other virtual balls for pieces of sports equipment having characteristics other than the characteristic of the piece of sports equipment detected by the first sensor; and cause the display to display a recommendation to utilize a different piece of sports equipment selected to improve performance.
Kudirka (Figures 1-14) teaches the instructions stored on the computer-readable storage medium, when executed by the processor causes the sports simulator to: determine whether the virtual flight path of the virtual ball underperforms relative to other virtual flight paths of other virtual balls for pieces of sports equipment having characteristics other than the characteristic of the piece of sports equipment detected by the first sensor (Para. 0134, 0139); and cause the display to display a recommendation to utilize a different piece of sports equipment selected to improve performance (Para. 0049, 0135).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide Lee with determine whether the virtual flight path of the virtual ball underperforms relative to other virtual flight paths of other virtual balls for pieces of sports equipment having characteristics other than the characteristic of the piece of sports equipment as taught by Kudirka as a means of providing a mixed sports simulator with historical data comprising virtual trajectories of shots taken with different club types (Kudirka: Para. 0131, 0139) (Kudirka: Para. 0049, 0135, 0139).
Regarding claim 4, the modified Lee (Figures 1-42) teaches a sports simulator (Para. 0042), comprising: a piece of sports equipment (Fig. 3-42, Part No. 2).
The modified Lee does not teach the processor causes the sports simulator to identify the characteristic of the piece of sports equipment as at least one of golf club type, manufacturer, make, model, year, shaft length, grip type, material, or mass when the piece of sports equipment is a golf club.
Kiraly (Figures 1-17) teaches the processor (Para. 0004-0005) causes the sports simulator to identify the characteristic of the piece of sports equipment as at least one of golf club type, manufacturer, make, model, year, shaft length, grip type, material, or mass when the piece of sports equipment is a golf club (Para. 0068-0069).
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 Lee with the processor causes the sports simulator to identify the characteristic of the piece of sports equipment as at least one of a golf club manufacturer, make, or model, as taught by Kiraly as a means of providing a golf club with a bar code that identifies the club number, shaft length, shaft style, manufacturer, model number, and other club information (Kiraly: Para. 0068-0069).
Regarding claim 5, the modified Lee (Figures 1-42) teaches the second sensor is configured to detect at least one of club head speed, ball flight trajectory (Para. 0046, 0095), ball travel distance, club face angle, ball flight velocity, ball flight acceleration, and ball deformation when the piece of sports equipment is a golf club and the ball is a golf ball.
Regarding claim 8, the modified Lee (Figures 1-42) teaches a sports simulator (Para. 0042), comprising: a piece of sports equipment (Fig. 3-42, Part No. 2).
The modified Lee does not teach the marking is located on a hosel of a golf club when the piece of sports equipment is the golf club.
Kiraly (Figures 1-17) teaches the marking is located on a hosel (Para. 0069) of a golf club when the piece of sports equipment is the golf club (Para. 0068-0069).
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 Lee with the marking is located on a hosel of a golf club as taught by Kiraly as a means of providing a golf club with a bar code that identifies the club number, shaft length, shaft style, manufacturer, model number, and other club information (Kiraly: Para. 0068-0069).
Regarding claim 9, the modified Lee (Figures 1-42) teaches a sports simulator (Para. 0042), comprising: a piece of sports equipment (Fig. 3-42, Part No. 2).
The modified Lee does not teach the marking comprises a pattern of dots.
Kiraly (Figures 1-17) teaches the marking comprises a pattern of marks (Para. 0068-0069).
It is noted that the claim recitation of “the marking comprises a pattern of dots” is directed to printed matter or the contents of the markings. The prior art of Kiraly teaches a pattern of markings. Providing the combination of Lee and Kiraly with “a pattern of dots” would have been obvious to one of ordinary skill in the art as the markings are merely for identification purposes.
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 Lee with markings on a golf club as taught by Kiraly as a means of providing a golf club with a bar code that identifies the club number, shaft length, shaft style, manufacturer, model number, and other club information (Kiraly: Para. 0068-0069).
Regarding claim 10, the modified Lee (Figures 1-42) teaches the second sensor comprises a high-speed camera (Para. 0044, 0094).
Regarding claim 11, the modified Lee (Figures 1-42) teaches a sports simulator (Para. 0042), comprising: a piece of sports equipment (Fig. 3-42, Part No. 2).
The modified Lee does not teach the instructions stored on the computer-readable storage medium, when executed by the processor, cause the sports simulator to: accept an equipment identification of the piece of sports equipment; and store the equipment identification in association with the virtual flight path of the virtual ball.
Kiraly (Figures 1-17) teaches the processor causes the sports simulator to: accept an equipment identification of the piece of sports equipment (Para. 0068-0069).
Kudirka (Figures 1-14) teaches the instructions stored on the computer-readable storage medium (Para. 0061-0062), when executed by the processor, cause the sports simulator to: store the equipment identification in association with the virtual flight path of the virtual ball (Para. 0129, 0131, 0139).
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 Lee with the processor causes the sports simulator to: accept an equipment identification of the piece of sports equipment as taught by Kiraly as a means of providing a golf club with a bar code that identifies the club number, shaft length, shaft style, manufacturer, model number, and other club information (Kiraly: Para. 0068-0069), and to provide the modified Lee with storing the equipment identification in association with the virtual flight path of the virtual ball as taught by Kudirka as a means of providing a user of a mixed sports simulator with historical data comprising virtual trajectories of shots taken with different club types (Kudirka: Para. 0131, 0139).
Regarding claim 12, the modified Lee (Figures 1-42) teaches a sports simulator (Para. 0042), comprising: a piece of sports equipment (Fig. 3-42, Part No. 2).
The modified Lee does not teach the ball bearing another marking configured to at least partially identify the ball.
It is noted that the claim recitation of “the ball bearing another marking configured to at least partially identify the ball” is directed to printed matter. To be given patentable weight, the printed matter and associated product must be in a functional relationship and the functional relationship must be new and unobvious. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated. See Lowry, 32 F.3d at 1584, 32 USPQ2d at 1035 (citing Gulack, 703 F.2d at 1386, 217 USPQ at 404). Where a product merely serves as a support for printed matter, no functional relationship exists. These situations may arise where the claim as a whole is directed towards conveying a message or meaning to a human reader independent of the supporting product. An example in which a product merely serves as a support would occur for a set of dice by means of which a game may be played. The claims differed from the prior art solely by the printed matter in the dice. The claims were properly rejected on prior art because there was no new feature of physical structure and no new relation of printed matter to physical structure (See: Ex parte Gwinn, 112 USPQ 439, 446-47 (Bd. Pat. App. & Int. 1955)). In the instant case, the printed matter on ball does not pertain to the structure of the apparatus and are instead drawn to the method or process of playing a game (the claim merely requires a marking used to identify the ball). Therefore, the printed matter is not given patentable weight.
Regarding claim 14, Lee (Figures 1-42) teaches a method for simulating sports equipment performance, comprising: detecting a trajectory of a ball responsive to use of the piece of sports equipment utilizing a second sensor (Fig. 1, Part No. 120; Para. 0046) (Fig. 20, Part No. 310; Para. 0093); generating simulation data indicative of a virtual ball with a virtual flight path responsive to the trajectory (Para. 0057, 0061); and causing a display to display the virtual flight path of the virtual ball in the sports (Para. 0061, 0089).
Lee does not teach detecting a marking on a piece of sports equipment utilizing a first sensor; identifying a characteristic of the piece of sports equipment responsive to detecting the marking; storing the characteristic of the piece of sports equipment in association with the virtual flight path of the virtual ball; comparing the virtual flight path of the virtual ball to one or more other virtual flight paths stored in a database, the one or more other virtual flight paths associated with the piece of sports equipment; and causing the display to display a recommendation to utilize a different piece of sports equipment responsive to a determination that the virtual flight path of the virtual ball is outside of a predetermined threshold deviation from an average flight path of each of the one or more other virtual flight paths.
Kiraly (Figures 1-17) teaches detecting a marking on a piece of sports equipment utilizing a first sensor (Para. 0069); identifying a characteristic of the piece of sports equipment responsive to detecting the marking (Para. 0068-0069); and store the characteristic of the piece of sports equipment (Para. 0059, 0068).
Kudirka (Figures 1-14) teaches storing the characteristic of the piece of sports equipment in association with the virtual flight path of the virtual ball (Para. 0129, 0131, 0139).
Gottstein teaches cause the display to display a recommendation to utilize a different piece of sports equipment based, at least in part, on a determination that the virtual flight path of the virtual ball underperforms relative to other virtual flight paths of other virtual balls corresponding to pieces of sports equipment having characteristics other than the characteristic of the piece of sports equipment detected by the first sensor (Para. 0117-0118).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide Lee with detecting a marking on a piece of sports equipment as taught by Kiraly as a means of providing a golf club with a bar code that identifies the club number, shaft length, shaft style, manufacturer, model number, and other club information (Kiraly: Para. 0068-0069), to provide Lee with storing the characteristic of the piece of sports equipment in association with the virtual flight path of the virtual ball as taught by Kudirka as a means of providing a user of a mixed sports simulator with historical data comprising virtual trajectories of shots taken with different club types (Kudirka: Para. 0131, 0139), and to provide Lee with causing the display to display a recommendation to utilize a different piece of sports equipment based, at least in part, on a determination that the virtual flight path of the virtual ball underperforms as taught by Gottstein as a means of augmenting the driving range experience by collecting and displaying a golfer's performance information and then to recommend a club that would best serve the golfer's needs based on the golfer's performance data (Gottstein: Para. 0117-0118).
Regarding claim 15, the modified Lee (Figures 1-42) teaches accepting a user identification for a user of the piece of sports equipment (Para. 0095); and storing the user identification in association with the virtual flight path of the virtual ball (Para. 0095).
Regarding claim 16, the modified Lee (Figures 1-42) teaches detecting a trajectory of a ball responsive to use of the piece of sports equipment utilizing a second sensor (Fig. 1, Part No. 120; Para. 0046) (Fig. 20, Part No. 310; Para. 0093)
The modified Lee does not teach determining whether the virtual flight path of the virtual ball underperforms relative to other virtual flight paths of other virtual balls for pieces of sports equipment having characteristics other than the characteristic of the piece of sports equipment detected by the first sensor; and identifying the different piece of sports equipment based on a comparison between the virtual flight path and the one or more other virtual flight paths and a determination that the different piece of sports equipment is likely to increase performance.
Kudirka (Figures 1-14) teaches determining whether the virtual flight path of the virtual ball underperforms relative to other virtual flight paths of other virtual balls for pieces of sports equipment having characteristics other than the characteristic of the piece of sports equipment detected by the first sensor (Para. 0134, 0139).
Gottstein teaches identifying the different piece of sports equipment based on a comparison between the virtual flight path and the one or more other virtual flight paths and a determination that the different piece of sports equipment is likely to increase performance (Para. 0117-0118).
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 Lee with determining whether the virtual flight path of the virtual ball underperforms relative to other virtual flight paths as taught by Kudirka as a means of providing a mixed sports simulator with historical data comprising virtual trajectories of shots taken with different club types (Kudirka: Para. 0131, 0139) (Kudirka: Para. 0049, 0135, 0139), and to provide the modified Lee with identifying the different piece of sports equipment based on determination that the different piece of sports equipment is likely to increase performance as taught by Gottstein as a means of augmenting the driving range experience by collecting and displaying a golfer's performance information and then to recommend a club that would best serve the golfer's needs based on the golfer's performance data (Gottstein: Para. 0117-0118).
Regarding claim 17, the modified Lee (Figures 1-42) teaches detecting a trajectory of a ball responsive to use of the piece of sports equipment utilizing a second sensor (Fig. 1, Part No. 120; Para. 0046) (Fig. 20, Part No. 310; Para. 0093)
The modified Lee does not teach identifying the characteristic of the piece of sports equipment comprising at least one at least one of golf club type, manufacturer, make, model, year, shaft length, grip type, material, or mass when the piece of sports equipment is a golf club.
Kiraly (Figures 1-17) teaches identifying the characteristic of the piece of sports equipment comprising at least one at least one of golf club type, manufacturer, make, model, year, shaft length, grip type, material, or mass when the piece of sports equipment is a golf club (Para. 0068-0069).
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 Lee with identifying the characteristic of the piece of sports equipment comprising at least one at least one of golf club type, manufacturer, or make as taught by Kiraly as a means of providing a golf club with a bar code that identifies the club number, shaft length, shaft style, manufacturer, model number, and other club information (Kiraly: Para. 0068-0069).
Regarding claim 19, the modified Lee (Figures 1-42) teaches detecting a trajectory of a ball responsive to use of the piece of sports equipment utilizing a second sensor (Fig. 1, Part No. 120; Para. 0046) (Fig. 20, Part No. 310; Para. 0093)
The modified Lee does not teach accepting an equipment identification of the piece of sports equipment; and storing the equipment identification in association with the virtual flight path of the virtual ball.
Kiraly (Figures 1-17) teaches accepting an equipment identification of the piece of sports equipment (Para. 0068-0069).
Kudirka (Figures 1-14) teaches storing the equipment identification in association with the virtual flight path of the virtual ball (Para. 0129, 0131, 0139).
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 Lee with accepting an equipment identification of the piece of sports equipment as taught by Kiraly as a means of providing a golf club with a bar code that identifies the club number, shaft length, shaft style, manufacturer, model number, and other club information (Kiraly: Para. 0068-0069), and to provide the modified Lee with storing the equipment identification in association with the virtual flight path of the virtual ball as taught by Kudirka as a means of providing a user of a mixed sports simulator with historical data comprising virtual trajectories of shots taken with different club types (Kudirka: Para. 0131, 0139).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Kiraly, Kudirka, and Gottstein, further in view of Bentley (20060166737).
Regarding claim 6, the modified Lee (Figures 1-42) teaches a sports simulator (Para. 0042), comprising: a piece of sports equipment (Fig. 3-42, Part No. 2).
The modified Lee does not teach the first sensor comprises an infrared (IR) camera.
Bentley (Figures 1-16) teaches the first sensor comprises an infrared (IR) camera (Para. 0015).
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 Lee with the first sensor comprises an infrared (IR) camera as taught by Bentley as a means of obtaining images of a golf club and ball just before and after impact (Bentley: Para. 0015).
Claims 7 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Kiraly, Kudirka, and Gottstein, further in view of Tremblay (20150057111).
Regarding claim 7, the modified Lee (Figures 1-42) teaches a sports simulator (Para. 0042), comprising: a piece of sports equipment (Fig. 3-42, Part No. 2).
The modified Lee does not teach the marking comprises a material reflective infrared radiation supported on or embedded within a material of the piece of sports equipment.
Tremblay (Figures 1-6) teaches the marking comprises a material reflective infrared radiation (Para. 0137) supported on or embedded within a material of the piece of sports equipment.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide Lee with the marking comprises a material reflective infrared radiation as taught by Tremblay as a means of providing a golf club with an infrared bar code used identify the golf club (Tremblay: Para. 0137).
Regarding claim 18, the modified Lee (Figures 1-42) teaches detecting a trajectory of a ball responsive to use of the piece of sports equipment utilizing a second sensor (Fig. 1, Part No. 120; Para. 0046) (Fig. 20, Part No. 310; Para. 0093)
The modified Lee does not teach detecting the marking on the piece of sports equipment comprises detecting a material reflective infrared radiation supported on or embedded within a material of the piece of sports equipment.
Tremblay (Figures 1-6) teaches detecting the marking on the piece of sports equipment comprises detecting a material reflective infrared radiation (Para. 0137) supported on or embedded within a material of the piece of sports equipment.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide Lee with detecting a material reflective infrared radiation as taught by Tremblay as a means of providing a golf club with an infrared bar code used identify the golf club (Tremblay: Para. 0137).
Claims 13 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Kiraly, Kudirka, and Gottstein, further in view of Beach (20050181884).
Regarding claim 13, the modified Lee (Figures 1-42) teaches a sports simulator (Para. 0042), comprising: a piece of sports equipment (Fig. 3-42, Part No. 2).
The modified Lee does not teach the instructions stored on the computer- readable storage medium, when executed by the processor, cause the sports simulator to: determine whether the virtual flight path of the virtual ball is expected given the trajectory and the characteristic of the piece of sports equipment; request verification of the piece of sports equipment when the virtual flight path is not expected; and store an indication that the virtual flight path of the virtual ball is not expected given the trajectory and the characteristic of the piece of sports equipment in association with the virtual flight path of the virtual ball when the virtual flight path is not expected.
Beach (Fig. 18) teaches the instructions stored on the computer- readable storage medium (Para. 0077), when executed by the processor, cause the sports simulator to: determine whether the virtual flight path of the virtual ball is expected given the trajectory and the characteristic of the piece of sports equipment (Para. 0100-0101); requesting verification of the piece of sports equipment when the virtual flight path is not expected (Para. 0017-0018, 0099-0101); and store (Para. 0016-0017, 0127) an indication that the virtual flight path of the virtual ball is not expected given the trajectory and the characteristic of the piece of sports equipment in association with the virtual flight path of the virtual ball when the virtual flight path is not expected (Para. 0100-0101).
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 Lee with requesting verification of the piece of sports equipment when the virtual flight path is not expected as taught by Beach as a means of reconfiguring a golf club in response to a ball trajectory that deviates from a desired trajectory (Para. 0100-0101).
Regarding claim 20, the modified Lee (Figures 1-42) teaches detecting a trajectory of a ball responsive to use of the piece of sports equipment utilizing a second sensor (Fig. 1, Part No. 120; Para. 0046) (Fig. 20, Part No. 310; Para. 0093)
The modified Lee does not teach determining whether the virtual flight path of the virtual ball is expected given the trajectory and the characteristic of the piece of sports equipment; requesting verification of the piece of sports equipment when the virtual flight path is not expected; and storing an indication that the virtual flight path of the virtual ball is not expected given the trajectory and the characteristic of the piece of sports equipment in association with the virtual flight path of the virtual ball when the virtual flight path is not expected.
Beach (Fig. 18) teaches determining whether the virtual flight path of the virtual ball is expected given the trajectory and the characteristic of the piece of sports equipment (Para. 0100-0101); requesting verification of the piece of sports equipment when the virtual flight path is not expected (Para. 0017-0018, 0099-0101); and storing (Para. 0016-0017, 0127) an indication that the virtual flight path of the virtual ball is not expected given the trajectory and the characteristic of the piece of sports equipment in association with the virtual flight path of the virtual ball when the virtual flight path is not expected (Para. 0100-0101).
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 Lee with requesting verification of the piece of sports equipment when the virtual flight path is not expected as taught by Beach as a means of reconfiguring a golf club in response to a ball trajectory that deviates from a desired trajectory (Para. 0100-0101).
Response to Arguments
Applicant’s arguments with respect to claims 1-20 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
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.
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/C.G./Examiner, Art Unit 3711
/JOSEPH B BALDORI/Primary Examiner, Art Unit 3711
Prosecution Insights