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 08/21/2025 has been entered. Claims 1-2 and 4-16 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 1-2 and 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (5707308) in view of Edwards (20050192130) and Miller (20030008727).
Regarding claim 1, Liu (Figures 1-8) teaches a hockey puck (Col. 1, Lines 28-31) comprising: a substantially cylindrical body having a planar top surface, a planar bottom surface spaced apart from said top surface (See fig. 4), a sidewall extending about and centered with a central longitudinal axis, and a plurality of boreholes (Fig. 4, Part No. 11) that extend radially inward from said sidewall (Col. 2, Lines 40-43), wherein the plurality of boreholes (Fig. 4, Part No. 11) are completely disposed between the planar top and bottom surfaces of said body and offset in their entireties from the planar top and bottom surfaces of said body.
Liu does not teach a curvilinear recessed sidewall extending about and centered with a central longitudinal axis; a plurality of sound-emitting structures corresponding to said plurality of boreholes and disposed within said plurality of boreholes, wherein at least one sound-emitting structure of said plurality of sound-emitting structures is configured to emit sound when said puck rotates about said central longitudinal axis at or above a certain threshold rotational speed and said puck translates at or above a certain threshold translational speed, and the plurality of sound-emitting structures are completely disposed between the top and bottom surfaces of said body and offset in their entireties from the top and bottom surfaces of said body.
Edwards (Fig. 13) teaches a curvilinear recessed sidewall (Fig. 13, Part No. 66) extending about and centered with a central longitudinal axis (Para. 0042).
Miller (Figure 3) teaches a plurality of sound-emitting structures (Fig. 3, Part No. 20) (Para. 0027) corresponding to said plurality of boreholes and disposed within said plurality of boreholes, wherein at least one sound-emitting structure of said plurality of sound-emitting structures is configured to emit sound when a game playing element rotates about said central longitudinal axis at or above a certain threshold rotational speed and said game playing element translates at or above a certain threshold translational speed (Para. 0027), the plurality of sound-emitting structures (Fig. 3, Part No. 20) (Para. 0027) are completely disposed between the top and bottom surfaces of said body and offset in their entireties from the top and bottom surfaces of said body (Para. 0027).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide Liu with a curvilinear recessed sidewall as taught by Edwards as a means of providing a hockey puck side wall that is indented relative to a top and bottom of the hockey puck (Edwards: Para. 0042), and to provide Liu with the plurality of sound-emitting structures are completely disposed between the top and bottom surfaces of said body as taught by Miller as a means of placing sound generating elements in holes of a sports game playing element (Miller: Para. 0027).
Regarding claim 2, the modified Liu (Figures 1-8) teaches said plurality of boreholes are evenly spaced circumferentially about said sidewall, and are diametrically opposed from one another.
The modified Liu does not teach said plurality of boreholes and corresponding plurality of sound-emitting structures are evenly spaced circumferentially about said sidewall, and are diametrically opposed from one another.
Miller (Figure 3) teaches said plurality of boreholes and corresponding plurality of sound-emitting structures (Fig. 3, Part No. 20) (Para. 0027) are evenly spaced circumferentially about said sidewall, and are diametrically opposed from one another (Para. 0027).
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 Liu with said plurality of boreholes and corresponding plurality of sound-emitting structures are evenly spaced circumferentially as taught by Miller as a means of placing sound generating elements in opposing holes of a sports game playing element (Miller: Para. 0027).
Regarding claim 4, the modified Liu (Figures 1-8) teaches a hockey puck comprising: a plurality of boreholes (Fig. 4, Part No. 11) that extend radially inward from said sidewall (Col. 2, Lines 40-43).
The modified Liu does not teach said recessed sidewall is recessed relative to outer circumferences of said planar top surface and said planar bottom surface of said body.
Edwards (Fig. 13) teaches said recessed sidewall (Fig. 13, Part No. 66) is recessed relative to outer circumferences of said planar top surface and said planar bottom surface of said body (Para. 0042).
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 Liu with aid recessed sidewall is recessed relative to outer circumferences of said planar top surface and said planar bottom surface of said body as taught by Edwards as a means of providing a hockey puck side wall that is indented relative to a top and bottom of the hockey puck (Edwards: Para. 0042).
Regarding claim 5, the modified Liu (Figures 1-8) teaches a plurality of boreholes (11).
The modified Liu does not teach each given borehole of the plurality of boreholes is configured to retain a corresponding sound-emitting structure at a certain depth in the given borehole with an interference fit or threaded connection.
Miller (Figure 3) teaches each given borehole of the plurality of boreholes is configured to retain a corresponding sound-emitting structure (Fig. 3, Part No. 20) (Para. 0027) at a certain depth in the given borehole with an interference fit (Para. 0027) or threaded connection.
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 Liu with each given borehole of the plurality of boreholes is configured to retain a corresponding sound-emitting structure at a certain depth as taught by Miller as a means of placing sound generating elements in opposing holes of a sports game playing element (Miller: Para. 0027).
Claims 6-10 and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Edwards and Miller, further in view of Branson (4297809).
Regarding claim 6, the modified Liu (Figures 1-8) teaches a hockey puck comprising: a plurality of boreholes (Fig. 4, Part No. 11) that extend radially inward from said sidewall (Col. 2, Lines 40-43).
The modified Liu does not teach said plurality of sound-emitting structures each include an aperture leading to a resonant chamber.
Branson (Figures 1-5) teaches said plurality of sound-emitting structures (30) each include an aperture (32) leading to a resonant chamber (Col. 4, Lines 20-24).
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 Liu with said plurality of sound-emitting structures each include an aperture leading to a resonant chamber as taught by Branson as a means of providing a sports game playing element with radially located sound emitting devices to enhance user enjoyment when using the sports game playing element (Branson: Col. 2, Lines 59-67).
Regarding claim 7, the modified Liu (Figures 1-8) teaches a hockey puck comprising: a plurality of boreholes (Fig. 4, Part No. 11) that extend radially inward from said sidewall (Col. 2, Lines 40-43).
The modified Liu does not teach relative depth of a respective sound-emitting structure in a corresponding borehole is adjustable to adjust volume of said resonant chamber and pitch of the sound emitted from the respective sound-emitting structure.
Branson (Figures 1-5) teaches relative depth of a respective sound-emitting structure (30) in a corresponding borehole (39) is adjustable (See fig. 2) to adjust volume of said resonant chamber and pitch of the sound emitted from the respective sound-emitting structure (Col. 4, Lines 20-24).
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 Liu with relative depth of a respective sound-emitting structure in a corresponding borehole is adjustable as taught by Branson as a means of providing a sports/game disk with radially located sound emitting devices to enhance user enjoyment when using the sports/game disk (Branson: Col. 2, Lines 59-67).
Regarding claim 8, the modified Liu (Figures 1-8) teaches a hockey puck comprising: a plurality of boreholes (Fig. 4, Part No. 11) that extend radially inward from said sidewall (Col. 2, Lines 40-43).
The modified Liu does not teach at least one sound-emitting structure of said plurality of sound-emitting structures has an aperture configured to receive air when said body rotates in a first rotational direction about said central longitudinal axis, and said aperture of at least one other sound-emitting structure of said plurality of sound-emitting structures is configured to receive air when said body rotates in a second rotational direction about said axis that is the opposite rotational direction to said first rotational direction.
Branson (Figures 1-5) teaches at least one sound-emitting structure (30) in a corresponding borehole (39) of said plurality of sound-emitting structures has an aperture (32), configured to receive air when said body rotates in a first rotational direction about said central longitudinal axis, and said aperture (32) of at least one other sound-emitting structure (30) of said plurality of sound-emitting structures is configured to receive air when said body rotates in a second rotational direction about said axis that is the opposite rotational direction to said first rotational direction (Col. 4, Lines 20-24).
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 Liu with at least one other sound-emitting structure of said plurality of sound-emitting structures has an aperture configured to receive air when said body rotates in a second rotational direction about said axis that is the opposite rotational direction to said first rotational direction as taught by Branson as a means of providing a sports game playing element with radially located sound emitting devices that emit sound in either direction the disk is rotated to enhance user enjoyment when using the sports game playing element (Branson: Col. 2, Lines 59-67).
Regarding claim 9, the modified Liu (Figures 1-8) teaches a hockey puck comprising: a plurality of boreholes (Fig. 4, Part No. 11) that extend radially inward from said sidewall (Col. 2, Lines 40-43).
The modified Liu does not teach at least one sound-emitting structure of said plurality of sound-emitting structure includes a top wall defining a respective aperture and at least one sidewall attached to said top wall, wherein said top wall is curved, or hemispherical, or said top wall is planar and is angled at an acute angle with respect to a central axis that extends radially from said central longitudinal axis of said body through a center of said top wall.
Branson (Figures 1-5) teaches at least one sound-emitting structure (30) of said plurality of sound-emitting structure includes a top wall defining a respective aperture (32) and at least one sidewall (Fig. 3, Part No. 42) attached to said top wall, wherein said top wall is curved (See fig. 2), or hemispherical, or said top wall is planar and is angled at an acute angle with respect to a central axis that extends radially from said central longitudinal axis of said body through a center of said top wall.
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 Liu with at least one sound-emitting structure of said plurality of sound-emitting structure includes a top wall defining a respective aperture as taught by Branson as a means of providing a sports/game disk with radially located sound emitting devices that emit sound to enhance user enjoyment when using the sports/game disk (Branson: Col. 2, Lines 59-67).
Regarding claim 10, the modified Liu (Figures 1-8) teaches a hockey puck comprising: a plurality of boreholes (Fig. 4, Part No. 11) that extend radially inward from said sidewall (Col. 2, Lines 40-43).
The modified Liu does not teach at least one sound-emitting structure of said plurality of sound-emitting structures has a cylindrical side wall.
Branson (Figures 1-5) teaches at least one sound-emitting structure (30) of said plurality of sound-emitting structures has a cylindrical side wall (Fig. 2, Part No. 42).
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 Liu with a plurality of sound-emitting structures as taught by Branson as a means of providing a sports/game disk with radially located sound emitting devices that emit sound to enhance user enjoyment when using the sports/game disk (Branson: Col. 2, Lines 59-67).
the central axis of the device (Branson: Col. 2, Lines 59-67; See fig. 2).
Regarding claim 12, the modified Liu (Figures 1-8) teaches a hockey puck comprising: a plurality of boreholes (Fig. 4, Part No. 11) that extend radially inward from said sidewall (Col. 2, Lines 40-43).
The modified Liu does not teach at least one aperture for said plurality of sound-emitting structures is elongated, and/or is curved, and/or has a geometric shape.
Branson (Figures 1-5) teaches at least one aperture (32) for said plurality of sound-emitting structures is elongated (See fig. 2), and/or is curved, and/or has a geometric shape (Fig. 2, Part No. 42).
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 Liu with at least one aperture for said plurality of sound-emitting structures is elongated as taught by Branson as a means of providing a sports/game disk with radially located sound emitting devices that emit sound to enhance user enjoyment when using the sports/game disk (Branson: Col. 2, Lines 59-67).
Regarding claim 13, the modified Liu (Figures 1-8) teaches a hockey puck comprising: a plurality of boreholes (Fig. 4, Part No. 11) that extend radially inward from said sidewall (Col. 2, Lines 40-43).
The modified Liu does not teach at least part of the resonant chamber for a respective sound-emitting structure is defined by the borehole that receives the respective sound-emitting structure.
Branson (Figures 1-5) teaches at least part of the resonant chamber for a respective sound-emitting structure (Fig. 5, Part No. 36’) is defined by the borehole that receives the respective sound-emitting structure (Col. 4, Lines 43-52).
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 Liu with at least part of the resonant chamber for a respective sound-emitting structure is defined by the borehole that receives the respective sound-emitting structure as taught by Branson as a means of providing a sports/game disk with radially located sound emitting devices that are formed by mounting the sound emitting structure to a detent of sports game disk to complete a whistle chamber (Branson: Col. 4, Lines 43-52).
Regarding claim 14, the modified Liu (Figures 1-8) teaches a method of using a training puck comprising: providing a hockey puck according to claim 1; moving the hockey puck through the air to cause said hockey puck to rotate about said central longitudinal axis and translate, wherein when said hockey puck rotates at a speed of at least a threshold rotational speed and the hockey puck translates at a speed of at least a threshold translational speed (Col. 2, Lines 40-43).
The modified Liu does not teach one or more sound-emitting structures of said plurality of sound-emitting structures emit sound.
Branson (Figures 1-5) teaches one or more sound-emitting structures (Fig. 1, Part No. 30) of said plurality of sound-emitting structures emit sound (Col. 4, Lines 7-24).
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 Liu with one or more sound-emitting structures of said plurality of sound-emitting structures emit sound as taught by Branson as a means of providing a sports/game disk with radially located sound emitting devices to enhance user enjoyment when using the sports/game disk (Branson: Col. 2, Lines 59-67).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Edwards, Miller, and Branson, further in view of Ponciano (4031655).
Regarding claim 11, the modified Liu (Figures 1-8) teaches a hockey puck comprising: a plurality of boreholes (Fig. 4, Part No. 11) that extend radially inward from said sidewall (Col. 2, Lines 40-43).
The modified Liu does not teach each sound-emitting structure of said plurality of sound-emitting structures has a top wall through which a central axis extends radially to the central longitudinal axis of said body and wherein said aperture of the sound-emitting structure extends at a respective acute angle relative to said central axis.
Ponciano (Figure 2) teaches each sound-emitting structure (Fig. 2, Part No. 20) of said plurality of sound-emitting structures has a top wall (See fig. 2) through which a central axis extends radially to the central longitudinal axis of said body and wherein said aperture (Fig. 2, Part No. 28) of the sound-emitting structure extends at a respective acute angle relative to said central axis (Col. 3, Lines 42-57).
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 Liu with said aperture of the sound-emitting structure extends at a respective acute angle relative to said central axis as taught by Ponciano as a means of providing a sports/game disk with radially located sound emitting devices having apertures that are positioned to face directly away from
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Edwards, Miller, and Branson, further in view of Gagne (20050079933).
Regarding claim 15, the modified Liu (Figures 1-8) teaches providing a hockey puck according to claim 1 (Col. 2, Lines 40-43).
The modified Liu does not teach moving said hockey puck includes: sliding a hockey stick blade against, and tangential to said sidewall of said body to cause rotation of the hockey puck about the central longitudinal axis, and pushing said body away from said blad
Gagne teaches moving said hockey puck includes: sliding a hockey stick blade against (Para. 0002), and tangential to said sidewall of said body to cause rotation of the hockey puck about the central longitudinal axis (Para. 0002), and pushing said body away from said blade (Para. 0002-0003, 0006, 0025-0026).
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 Liu with moving said hockey puck includes sliding a hockey stick blade against, and tangential to said sidewall of said body as taught by Gagne as a means of using a hockey stick to properly handle a hockey puck during a hockey game (Gagne: Para. 0025-0026).
Regarding claim 16, the modified Liu (Figures 1-8) teaches providing a hockey puck according to claim 1 (Col. 2, Lines 40-43).
The modified Liu does not teach aligning said blade tangential to said sidewall of said body; imparting a specific directional plane of motion to said aligned blade; and applying a force from said blade against said body.
Gagne teaches aligning said blade tangential to said sidewall of said body; imparting a specific directional plane of motion to said aligned blade; and applying a force from said blade against said body (Para. 0002-0003, 0006, 0025-0026).
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 Liu with aligning said blade tangential to said sidewall of said body as taught by Gagne as a means of using a hockey stick to properly handle a hockey puck during a hockey game (Gagne: Para. 0025-0026).
Response to Arguments
Applicant’s arguments with respect to claims 1-2 and 3-16 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.
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..
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/C.G./Examiner, Art Unit 3711 /EUGENE L KIM/Supervisory Patent Examiner, Art Unit 3711