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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the positioning pin (claim 2), first through hole (claim 2), L-shaped rod (claim 3), second through hole (claim 4), lifting rod (claim 4), bottom plate (claim 8), third through hole (claim 10) and bolts (claim 10) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended”. If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: the term “coamings” paragraph [0014] et seq. is considered to be inapt in a non-boating application; paragraph [0024] refers to 11-fourth through hole but does set forth a first through hole, second through or third through hole.
Appropriate correction is required.
Claim Objections
Claim 8 is objected to because of the following informalities: the term “coamings” is inapt in a non-boating application. Appropriate correction is required.
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 1-10 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.
Regarding claim 1, “the hinge points” lack a proper antecedent basis.
Claims 2-10 are rejected because they depend from a rejected claim 1.
With further regard to claim 5, “the fixing spring” lacks a proper antecedent basis.
With further regard to claim 7, “horn-shaped” is indefinite in that there is not a universally-accepted shape associated with horn-shape such that the metes and bounds of the claim cannot be determined.
Claim Rejections - 35 USC §§ 102 and 103
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication Number 2018/0021649 (Gong).
Figure 5 of Gong shows a training device including a coupler 142 which corresponds to the recited ball hoop. Figure 5 of Gong also shows a connecting piece (overhead support member 110) connected to ball hoop 142 via cord 120. First connecting rod (brace member 156) and second connecting rod (vertical support member 104) are shown to be hinged to connecting piece 110. Sliding device (first locking collar 154) is fixed on second connecting rod 104. See paragraph [0056]. First connecting rod 156 is hinged or pivotable to sliding device 154. As also shown in Figure 5 of Gong, the first connecting rod 156, second connecting rod 104 and connecting piece 110 form a triangle among the hinge points. Although the Gong practice device is not a volleyball passing training device per se, anticipation is established only when a single prior art reference discloses, expressly or under the principles of inherency, each and every element of the claimed invention. Applicant is reminded that prior art meeting the structural limitations of the claims and that is inherently capable of performing the intended use fully meets the claims under 35 USC 102.
Claims 2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Gong as applied above in view of U.S. Patent Number 7,033,288 (Edwards et al., hereinafter Edwards).
Regarding claim 2, Figure 5 of Gong shows that fixed collar 154 is located above slidable collar 160. It would have been an obvious matter of design choice to position collar 154 below collar 160 such that collar 154 is slidable and collar 160 is fixed, since it has been held to be within the general skill of a worker in the art to shift the location of parts as a matter of obvious engineering choice. To shift the location of parts is generally recognized as being within the level of ordinary skill in the art. See In re Japikse, 86 USPQ 70. Further Gong discloses that his locking collars (sliding blocks) may be of standard design having manually operable knobs, thread fasteners, etc. for the locking and releasing of the units, but does not explicitly disclose the details of the locking collars. See Gong, paragraph [0057]. Edwards discloses that locking collars 106 are well-known in the art to have positioning pins 104 inserted into through holes 42 to fix the locking collar. See Edwards, Figures 1A, 2A, 2C and 4; column 4, lines 32-62. The substitution of one known element (locking collar with positioning pins and through holes as shown in Edwards) for another (generic locking collar as shown in Gong) would have been obvious to one of ordinary skill in the art at the time of the invention since the substitution of the locking collar in Edwards would have yielded predictable results, namely an effective way of adjustably fixing the Gong sliding block onto the connecting rod.
Regarding claim 4, Figure 1 of Gong shows the recited lifting mechanism of a base 118 and telescopic rods 113. Also, see paragraph [0057]. The two telescoping rods correspond to the recited fixing sleeve and lifting rod. Figure 5 of Gong appears to show a knob 158. As similarly set forth above, Gong discloses that his locking collars (sliding blocks) may be of standard design having manually operable knobs, thread fasteners, etc. for the locking and releasing of the units, but does not explicitly disclose the details of the locking collars. See Gong, paragraph [0057]. Edwards shows that it is well-known in the art to use a knob 40 screwed into a through hole 108 to adjust the length of telescoping rods. Therefore, it would have been recognized by one of ordinary skill in the art that applying the known technique taught by Edwards to the device of Gong would have yielded predictable results and resulted in an improved system, namely, system that would allow the height of the Gong practice device to be easily adjusted.
Allowable Subject Matter
Claims 3 and 5-10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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