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 Arguments
Applicant’s arguments with respect to the newly amended claims 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.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 21-23 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Pub. 2004/0058757 by Gray.
Regarding claim 21, Gray discloses a racket training device (abstract; Examiner notes that “racket training” is intended use and the item in Gray meets the limitations noted below) comprising: a wrist cuff configured to be removably secured around a wrist of a first arm of a user (fig. 4; 36); a bicep cuff configured to be removably secured around a bicep of a second arm of the user (fig. 4; 34); and a first band having a first end and a second end, wherein the first end of the first band is secured to the bicep cuff, and wherein the second end of the first band is secured to the wrist cuff (fig. 4 – see band 32).
Regarding claim 22, Gray discloses the racket training device of claim 21, wherein the first band is nonresilient (para. 30 – see the cord and nonresilient material construction).
Regarding claim 23, Gray discloses the racket training device of claim 21, wherein the first band is resilient (para. 30 – see the cord and resilient material construction).
Allowable Subject Matter
Claims 30-35 are allowed.
Claims 24-29 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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 PETER J IANNUZZI whose telephone number is (571)272-5793. The examiner can normally be reached M-F 9:30AM-5:30PM 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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/PETER J IANNUZZI/ Primary Examiner, Art Unit 3711
