DETAILED ACTION
Upon reconsideration, it is noted that the claims are drawn to an abstract idea. It is regretted that the applicability of 35 USC § 101 to the claims was not earlier realized.
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 .
Drawings
The drawings were received on 06 August 2025. These drawings are acceptable.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the specification does not describe a band middle as set forth in claims 16-20; the specification refers to a supplemental band and second cuff.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1, 5-9 and 13-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recite the method steps for trainer a user to swing a racket. This judicial exception is not integrated into a practical application because the steps are considered to be drawn to a method of following rules or instructions. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the elements of a band or racket do not add meaningful limits to practicing the abstract idea.
Claims 1, 5-9 and 13-20 recite a method of providing a tennis band and tennis racket, securing the band to the body and then swinging the racket which correspond to concepts identified as abstract concepts by the courts, such as following a set of rules or instructions in In re Marco Guldenaar Holding B.V., 129 USPQ 1008. The concepts described in claims 1, 5-9 and 13-20 of organizing human activity are not meaningfully different than those concepts found by the courts to be abstract ideas. As such, the description in claims 1, 5-9 and 13-20 are abstract ideas.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements when considered both individually and as an order combination do not amount to significantly more than the abstract idea. The claims recite the additional limitations of a band and racket which are considered to be generic elements routinely used in the tennis training. The inventive concept is in the set of instructions of operating these elements which has been identified as an abstract concept above. The band and racket are not specific machines in that they do not themselves perform any part of the method, but rather used by a player. Therefore, the claimed steps do not involve significantly more that the abstract concept of following a set of instructions.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Raleigh Chiu whose telephone number is (571) 272-4408. The examiner can normally be reached on Monday-Tuesday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eugene Kim, can be reached on (571) 272-4463.
The fax number for the organization where this application or proceeding is assigned is (571) 273-8300.
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It is noted that all practice before the Office is in writing (see 37 C.F.R. § 1.2) and the proper authority for action on any matter in this regard are the statutes (35 U.S.C.), regulations (37 C.F.R.) and the commentary on policy (MPEP). Therefore, no telephone discussion may be controlling or considered authority of Petitioner’s/Caller’s action(s).
/RALEIGH W CHIU/ Primary Examiner, Art Unit 3711