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 .
Applicant’s response to the Non-Final of 6/2/2025 is acknowledged on 12/02/2025.
Examiner's Note
Examiner has cited particular paragraphs and/or columns and line numbers and/or figures in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant, in preparing the responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. The Examiner notes that it has been held that a recitation that a structural element is "adapted to", “configured to”, “capable of, “arranged to”, “intended to” or “operable to” perform a function does not limit the claim to a particular structure and thus only requires the ability to so perform the function. (See In re Hutchison, 69 USPQ 138. See also, MPEP 2111.04) As such, under the broadest reasonable interpretation of the claims and the prior art, the recitations of "adapted to", “configured to”, “capable of, “arranged to”, “intended to” or “operable to” will be deemed met by an element in the prior art capable of performing the function recited in connection with "adapted to", “configured to”, “capable of, “arranged to”, “intended to” or “operable to”. The examiner is aware of the functional language in the various claims.
Disclaimer
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 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.
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.
Claim 3 is 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.
The claim recites the limitation "said second hinge" in lines 3-8. There is insufficient antecedent basis for this limitation in the claim.
It is not clear as to what structure the terms “first abutment edge” and “the second abutment edge” are referring to. For purpose of examination, stop wall (192) is considered a second abutment edge and stop wall (190) is considered as a first abutment edge.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 3-6 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. Regarding claims 3-4, the claims contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. In claim 3, the expression “said first and second legs…said height being not greater than the height of a home plate” and the expression “such that when assembled the height of the first hinge…said first hinge member” contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventors, at the time the application was filed, had possession of the claimed invention. Claims 5-6 are also rejected under this rejection since claim 4 that they depend on is rejected.
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 “first abutment edge” and “the second abutment edge” and 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.
Claim Rejections - 35 USC § 102
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 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.
Claims 3-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Peasley et al. (US Patent Application Publication No. 2022/0401810).
Regarding claim 3, method of practicing a hitting stance for a baseball or softball player (see abstract, all claims and all Figures) comprising: providing a baseball or softball alignment training device (104) comprising: a first leg having a general length (105) and having a first end at one end of the general length (130) and a second end at the distal end opposite from said first end (135); a second leg having a general length (106) and having a first end at one end of the general length (130) and a second end at the distal end opposite from said first end (135); said second hinge member (112) having a second abutment edge (192); said first (110) and second (112) hinge members pivotally interconnected (111); said first abutment edge of said first hinge member (190) abuts said second abutment edge of said second hinge member (192) at a position wherein said first leg and said second legs are perpendicular to each other forming a right angle (see Figures 1-2); said first and second legs and said first and second hinge members define a general height when assembled such that a continuous planar surface is defined from a first end of said first leg to said first hinge member (see all Figures), a continuous planar surface is defined from said first and second hinge members and a continuous planar surface is defined from a first end of said second leg to said second hinge member, whereby the entire upper surface of said alignment training device is of a similar plane (see all Figures), said height being not greater than the height of a home plate (100); positioning said baseball or softball alignment training device relative to an object representing a home plate (see Figures 1 and 6); positioning said first and second legs apart from each other defining a baseball or softball player hitting stance area in relation to a home plate enabling a baseball or softball player to enter in said player hitting stance area to establish a hitting stance in relation to a home plate (see Figure 1). For method steps see all Figures including method steps as shown in Figure 6) and see claims 4-11 and 19.
Regarding claim 4, method of practicing a hitting stance for a baseball or softball player (see abstract, all claims and all Figures) comprising: providing a baseball or softball alignment training device (104) comprising: a first leg having a general length (105) and having a first end at one end of the general length (130) and a second end at the distal end opposite from said first end (135); a second leg having a general length (106) and having a first end at one end of the general length (130) and a second end at the distal end opposite from said first end (135); a first hinge member carried by the second end of said first leg (110); said first hinge member (110) having a first abutment edge (190); a second hinge member carried by the second end of said second leg (112); said second hinge member (112) having a second abutment edge (192); said first and second hinge members pivotally interconnected (111 as shown in Figure 2); and wherein said first abutment edge of said first hinge member abuts said second abutment edge of said second hinge member at a position wherein said first leg and said second leg are perpendicular to each other forming a right angle; a tab extension at the distal ends of said first and second legs (140) and said first and second hinge members include receptacles (166) respectively for receiving a respective tab of each leg (140) such that when assembled the height of the first leg and first hinge member define a continuous planar surface and said second leg and second hinge member define a continuous planar surface equal to the planar surface of said first leg and said first hinge member (see claim 6 and all figures); said first hinge member includes a first hinge member recess defined by a first hinge member base and first hinge member sidewall, said first hinge member sidewall having an arcuate profile and terminating at a first stop wall formed at the edge of first hinge member sidewall; a central pivot (111) extending upward from said first hinge member base, said central pivot located centrally within the body of said first hinge member base (154); said second hinge member includes a pivoting member carried by a second hinge member base (112), said pivoting member having a central channel (186) for receiving said central pivot of said first hinge member; said second hinge member includes a sidewall defining a stop for abutting the first stop wall formed at the edge of the first hinge member sidewall terminating rotational movement of said second leg wherein said second leg is perpendicular to said first leg (see Figures 1-4); positioning said baseball or softball alignment training device relative to an object representing a home plate; positioning said first and second legs apart from each other defining a baseball or softball player hitting stance area in relation to a home plate enabling a baseball or softball player to enter in said player hitting stance area to establish a hitting stance in relation to a home plate. For the recited method steps, see all Figures including method steps as shown in Figure 6) and see claims 4-11 and 19.
Regarding claim 5, wherein said first and second legs each have a bottom respectively and said bottoms of said first and second legs include extending bosses for engaging the ground (see claim 10).
Regarding claim 6, wherein said extending bosses define a serpentine configuration (see claim 11).
Response to Arguments
Applicant’s arguments with respect to claims 3-6 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.
Examiner acknowledges that applicant states that the instant application is a continuation of patent application 17/352,867 in the first paragraph of the instant application. This application is abandoned and it has a PGPUB (2022/0401810) with a publication date of 12/22/2022. The instant application has an effective filing date of 1/12/2023. The PGPUB is used to reject the claims since the PGPUB has been available to the public before the effective filing date of the claimed invention in the instant application.
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 NINI F LEGESSE whose telephone number is (571)272-4412. The examiner can normally be reached Mon - Friday 9 AM - 5:30 PM.
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, Melba N Bumgarner can be reached at (571) 272-4709. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NINI F LEGESSE/Primary Examiner, Art Unit 3711