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 .
Claim Objections
The numbering of claims is not in accordance with 37 CFR 1.126 which requires the original numbering of the claims to be preserved throughout the prosecution. When claims are canceled, the remaining claims must not be renumbered. When new claims are presented, they must be numbered consecutively beginning with the number next following the highest numbered claims previously presented (whether entered or not).
Misnumbered claims 12-20 been renumbered 11-19.
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 1-19 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 1 recites the limitation “the control module” in line 4. There is insufficient antecedent basis for this limitation in the claim.
The recitation in claim 9, lines 1-2 of “the intermediate tension is within 10% of the to the final tension” is indefinite because it is unclear what is meant by the recited limitation. For purposes of examination, the examiner will interpret the claim recitation of “the intermediate tension is within 10% of the to the final tension” to mean --the intermediate tension is within 10% of the final tension--.
The recitation in claim 13 of “a method of tensioning a racket string, the method comprising: providing a string tensioning system, the system comprising: a crank;…” is indefinite because the claim is claiming a method and apparatus in the same claim. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See In re Katz Interactive Call Processing Patent Litigation, 639 F.3d 1303, 1318, 97 USPQ2d 1737, 1748-49 (Fed. Cir. 2011).
Claim 13 recites the limitation “the control module” in line 4. There is insufficient antecedent basis for this limitation in the claim.
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 1-3, 5-7, and 9-18 are rejected under 35 U.S.C. 103 as being unpatentable over Zdrazila (20140315668) in view of MA (20200306598).
Regarding claim 1, Zdrazila (Figures 1-10) teaches a string tensioning system for use with racket stringing machines, the system comprising: a crank (Para. 0027, 0035); producing a tension signal based on a tension of a racket string (Para. 0035); producing a brake signal when the tension of the racket string reaches an intermediate tension (Para. 0035); and a brake mechanism configured to stop the crank from rotating upon receiving the brake signal (Para. 0035).
It is noted that Zdrazila (Para. 0027) discloses: “in a separate embodiment the tension crank 120 may be operated with use of an electric motor”.
Zdrazila does not teach a force sensor coupled to the control module and configured to produce a tension signal based on a tension of a racket string; a control module configured to produce a brake signal; a brake mechanism coupled to the control module.
MA (Figures 1-2) teaches a force sensor (2) (Para. 0032) coupled to the control module (4) and configured to produce a tension signal based on a tension of a racket string (Para. 0024-0025); a control module (4) configured to produce a brake signal (Para. 0025); a brake mechanism coupled to the control module (Para. 0025).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide Zdrazila with a force sensor configured to produce a tension signal based on a tension of a racket string as taught by MA as a means of providing a string tension system with means for comparing a detected string pull force value with a pre-set value (MA: Para. 0025).
Regarding claim 2, the modified Zdrazila (Figures 1-10) teaches an electric tensioner (960) (Para. 0031, 0035)
Regarding claim 3, the modified Zdrazila (Figures 1-10) teaches producing a tension signal based on a tension of a racket string (Para. 0035)
The modified Zdrazila does not teach the electric tensioner is configured to tension the racket string from the intermediate tension to a final tension.
MA (Figures 1-2) teaches the electric tensioner (3) is configured to tension the racket string from the intermediate tension to a final tension (Para. 0025).
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 Zdrazila with the electric tensioner is configured to tension the racket string from the intermediate tension to a final tension as taught by MA as a means of providing a string tension system with means for comparing and correcting a detected string pull force value with a pre-set value (MA: Para. 0025, 0027).
Regarding claim 5, the modified Zdrazila (Figures 1-10) teaches producing a tension signal based on a tension of a racket string (Para. 0035)
The modified Zdrazila does not teach the electric tensioner automatically tensions the racket string once the tension of the racket string reaches the intermediate tension.
MA (Figures 1-2) teaches the electric tensioner automatically tensions the racket string once the tension of the racket string reaches the intermediate tension (Para. 0024-0025).
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 Zdrazila with the electric tensioner automatically tensions the racket string once the tension of the racket string reaches the intermediate tension as taught by Ma as a means of providing a final tension to a racket string when a tensioner stops rotating (MA: Para. 0024-0025).
Regarding claim 6, the modified Zdrazila (Figures 1-10) teaches producing a tension signal based on a tension of a racket string (Para. 0035)
The modified Zdrazila does not teach a tension transfer bar.
MA (Figures 1-2) teaches a tension transfer bar (15) (Para. 0030).
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 Zdrazila with a tension transfer bar as taught by Ma as a means of providing string tensioning system with a bar for transferring tension to strings of a racket (MA: Para. 0030).
Regarding claim 7, the modified Zdrazila (Figures 1-10) teaches producing a tension signal based on a tension of a racket string (Para. 0035)
The modified Zdrazila does not teach the force sensor senses a force of the tension transfer bar.
MA (Figures 1-2) teaches the force sensor (2) senses a force of the tension transfer bar (15) (Para. 0024-0025, 0030).
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 Zdrazila with the force sensor senses a force of the tension transfer bar as taught by Ma as a means of providing a string tension system with means for comparing a detected string pull force value with a pre-set value (MA: Para. 0025).
Regarding claim 9, the modified Zdrazila (Figures 1-10) teaches producing a tension signal based on a tension of a racket string (Para. 0035)
The modified Zdrazila does not teach the intermediate tension is within 10% of the to the final tension.
MA (Figures 1-2) teaches the electric tensioner (3) is configured to tension the racket string from a detected value to a preset value (Para. 0025), the detected and preset value being in a range of each other (though a specific value is not disclosed).
It is noted that the claim recitation of “the intermediate tension is within 10% of the to the final tension” is directed to the difference between different tension values. The prior art of MA teaches detected and preset values being in a range of each other (though a specific value is not disclosed). Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation (See: In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955)). Providing the combination of prior art with the intermediate tension is within 10% of the to the final tension would have been obvious as a means of finding optimum or workable ranges by routine experimentation (See: In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955)).
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 Zdrazila with an electric tensioner as taught by MA as a means of providing a string tension system with means for comparing and correcting a detected string pull force value with a pre-set value (MA: Para. 0025, 0027).
Regarding claim 10, the modified Zdrazila (Figures 1-10) teaches the system is operable without a connection to a strong current source (Para. 0016, 0032).
Regarding claim 11, the modified Zdrazila (Figures 1-10) the electric tensioner is one of an electric motor and an actuator (960) (Para. 00031)
Regarding claim 12, the modified Zdrazila (Figures 1-10) teaches producing a tension signal based on a tension of a racket string (Para. 0035)
The modified Zdrazila does not teach the electric tensioner provides a constant pull feature.
MA (Figures 1-2) teaches the electric tensioner provides a constant pull feature (Para. 0025).
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 Zdrazila with the electric tensioner is one of an electric motor and an actuator as a means of providing a string tension system with means for comparing and correcting a detected string pull force value with a pre-set value (MA: Para. 0025, 0027).
Regarding claim 13, Zdrazila (Figures 1-10) teaches a method of tensioning a racket string, the method comprising: providing a string tensioning system, the system comprising: a crank (Para. 0035); producing a tension signal based on a tension of a racket string (Para. 0035); producing a brake signal when the tension of the racket string reaches an intermediate tension (Para. 0035); a brake mechanism configured to stop the crank from rotating upon receiving the brake signal (Para. 0035); fixing a first end of the racket string to a string holder of the string tensioning system (Para. 0010), a second end of the racket string fixed to a racket (Para. 0010); manually tensioning the racket string using the crank until the tension of the racket string is equal to the intermediate tension, causing the brake mechanism to stop the crank from rotating (Para. 0010, 0035).
It is noted that claims are interpreted using a broadest reasonable interpretation (BRI). Under BRI, the claim recitation of “manually” is being interpreted to mean “using the hands”. It is noted that the string tensioning system of Zdrazila is started “by hand” by a user (as a user has to place a racket on the machine, secure the racket to the machine, and secure the strings to the machine to start stringing the racket) and therefore is operated “manually” as claimed.
Zdrazila does not teach a force sensor coupled to the control module and configured to produce a tension signal based on a tension of a racket string; a control module configured to produce a brake signal; a brake mechanism coupled to the control module.
MA (Figures 1-2) teaches a force sensor (2) (Para. 0032) coupled to the control module (4) and configured to produce a tension signal based on a tension of a racket string (Para. 0024-0025); a control module (4) configured to produce a brake signal (Para. 0025); a brake mechanism coupled to the control module (Para. 0025).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide Zdrazila with a force sensor configured to produce a tension signal based on a tension of a racket string as taught by MA as a means of providing a string tension system with means for comparing a detected string pull force value with a pre-set value (MA: Para. 0025).
Regarding claim 14, the modified Zdrazila (Figures 1-10) teaches the string tensioning system further comprises an electric tensioner (960) (Para. 0031).
The modified Zdrazila does not teach an electric tensioner configured to tension the racket string from the intermediate tension to a final tension.
MA (Figures 1-2) teaches an electric tensioner (3) configured to tension the racket string from the intermediate tension to a final tension (Para. 0025).
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 Zdrazila with an electric tensioner is configured to tension the racket string from the intermediate tension to a final tension as taught by MA as a means of providing a string tension system with means for comparing and correcting a detected string pull force value with a pre-set value (MA: Para. 0025, 0027).
Regarding claim 15, the modified Zdrazila (Figures 1-10) teaches producing a tension signal based on a tension of a racket string (Para. 0035).
The modified Zdrazila does not teach automatic tensioning of the racket string by the electric tensioner until the tension of the racket string is equal to a final tension.
MA (Figures 1-2) teaches automatic tensioning of the racket string by the electric tensioner (3) until the tension of the racket string is equal to a final tension (Para. 0025).
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 Zdrazila with automatic tensioning of the racket string by the electric tensioner until the tension of the racket string is equal to a final tension as taught by MA as a means of providing a string tension system with means for comparing and correcting a detected string pull force value with a pre-set value (MA: Para. 0025, 0027).
Regarding claim 16, the modified Zdrazila (Figures 1-10) teaches producing a tension signal based on a tension of a racket string (Para. 0035).
The modified Zdrazila does not teach the automatic tensioning is performed at least twice.
MA (Figures 1-2) teaches teach the automatic tensioning is performed at least twice (Para. 0024-0025).
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 Zdrazila with teach the automatic tensioning is performed at least twice as taught by MA as a means of comparing a detected pull force value with a preset value in order to obtain a desired tension of racket strings (MA: Para. 0025).
Regarding claim 17, the modified Zdrazila (Figures 1-10) teaches the string tensioning system is operable without a connection to a strong current source (Para. 0016, 0032).
Regarding claim 18, the modified Zdrazila (Figures 1-10) teaches the electric tensioner is one of an electric motor and an actuator (960) (Para. 0031).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Zdrazila in view of MA, further in view of Longeat (5026055).
Regarding claim 4, the modified Zdrazila (Figures 1-10) teaches the electric tensioner tensions the racket string when the crank cannot rotate (Para. 0035).
The modified Zdrazila does not teach the electric tensioner tensions the racket string when the crank cannot rotate.
Longeat teaches the electric tensioner (Fig. 9-10 and 12-14, Part No. 9) () tensions the racket string when the crank (Fig. 13, Part No. 51) (Col. 8, Lines 65-68; Col. 9, Lines 1-3) cannot rotate (See fig. 9-10 and 12-14, Part No. 51).
It is noted that Longeat teaches a crank (Fig. 13, Part No. 51) that translates (See Longeat: Col. 8, Lines 65-68; Col. 9, Lines 1-3) to actuate an electric tensioner.
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 Zdrazila with the electric tensioner tensions the racket string when the crank cannot rotate as taught by Longeat as a means of simple substitution of one known element (a rotatable crank) for another (a translating crank) to obtain predictable results (a crank that actuates a tensioner to string a racket) (See: KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007)).
Claims 8 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Zdrazila in view of MA, further in view of Wise (8206249).
Regarding claim 8, the modified Zdrazila (Figures 1-10) teaches producing a tension signal based on a tension of a racket string (Para. 0035)
The modified Zdrazila does not teach an input module coupled to the control module and configured to receive user inputs, the user inputs including at least the intermediate tension of the racket string and a final tension of the racket string.
Wise (Figures 1-21) teaches an input module (Fig. 7) coupled to the control module and configured to receive user inputs (Col. 7, Lines 53-67), the user inputs including at least the intermediate tension of the racket string and a final tension of the racket string (Col. 7, Lines 53-67).
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 Zdrazila with an input module coupled to the control module and configured to receive user inputs as taught by Wise as a means of providing a stringing tension system with an operational keypad for a user to input a desired tension (Wise: Col. 7, Lines 53-67).
Regarding claim 19, the modified Zdrazila (Figures 1-10) teaches producing a tension signal based on a tension of a racket string (Para. 0035).
The modified Zdrazila does not teach the string tensioning system further comprises an input module coupled to the control module and configured to receive user inputs, the user inputs including at least the intermediate tension of the racket string and the final tension of the racket string.
Wise (Figures 1-21) teaches the string tensioning system further comprises an input module (Fig. 7) coupled to the control module and configured to receive user inputs (Col. 7, Lines 53-67), the user inputs including at least the intermediate tension of the racket string and a final tension of the racket string (Col. 7, Lines 53-67).
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 Zdrazila with an input module coupled to the control module and configured to receive user inputs as taught by Wise as a means of providing a stringing tension system with an operational keypad for a user to input a desired tension (Wise: Col. 7, Lines 53-67).
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..
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
/JOSEPH B BALDORI/Primary Examiner, Art Unit 3711