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 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 2-4, 11, 13, and 18-19 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 2 recites the limitation “the first direction” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation “the second direction” in line 2. There is insufficient antecedent basis for this limitation in the claim.
The term “substantially” in claim 4 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 11 recites the limitation “the scoring indicators” in line 2. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, the examiner will interpret the claim recitation of “the scoring indicators” to mean --the scoring indicator--.
Claim 13 recites the limitation “the scoring mechanism” in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites the limitation “the attachment” in line 4. There is insufficient antecedent basis for this limitation in the claim. For purposed of examination, the examiner will interpret the claim recitation of “the attachment” to mean --the attachment mechanism--.
Claim 19 recites the limitation “the scoring lines” in line 2. There is insufficient antecedent basis for this limitation in the claim.
The recitation in claim 19, lines 2-3 of “at least some of the scoring lines are provided at the playing surface of each of said two game boards comprise scoring lines located at said playing surface” is indefinite because it is unclear what is meant by the recited limitation. The recited limitation is repetitive and unclear.
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 1-11 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Strattman (2230767) in view of Haffey (4003580), Poffenberger (7040623), and Clark (3526403).
Regarding claim 1, Strattman (Figures 1-3) teaches a game board comprising: a playing surface comprising a hole (Fig. 1, Part No. 11) (Page 2, Lines 4-9) located at a distal half of the playing surface; a side surface (7) extending from said playing surface; a scoring indicator (12) (Page 1, Lines 43-55); wherein a first portion of said scoring indicator (Fig. 1-2, Part No. 12) extends outward from said side surface (Fig. 1-2, Part No. 7); and a second portion (See fig. 1-2).
It is noted that the prior art of Strattman is fully capable of performing the claim recitation of “for a bag toss game” and “sized to receive a bag of the bag toss game” as the recited limitations are directed to the intended use of the claimed apparatus and do not structurally distinguish the claimed apparatus from the prior art. Apparatus claims cover what a device is, not what a device does (See: Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990)). A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim (See: Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)).
Strattman does not teach a side surface extending downward from said playing surface, at least one leg attached to a distal half of the game board for orienting the playing surface at a non-zero angle relative to a ground surface, attachment mechanisms spaced apart along said side surface and configured to removably receive, and temporarily secure, said scoring indicator, and a second portion of said scoring indicator extends upward towards said playing surface when said scoring indicator is attached to one of the attachment mechanisms.
Haffey (Figures 1-8) teaches a side surface (Fig. 5-6, Part No. 18; Also see fig. 7) (Col. 2, Lines 33-39) extending downward from said playing surface, an attachment mechanism along said side surface and configured to removably receive, and temporarily secure, said scoring indicator (17) (Col. 2, Lines 33-39), and a second portion (Fig. 5, Part No. 52) of said scoring indicator extends upward towards said playing surface when said scoring indicator is attached to the attachment mechanism (See figures 5-7).
Poffenberger (Figures 1-2) teaches at least one leg (Col. 3, Lines 15-18) attached to a distal half of the game board for orienting the playing surface at a non-zero angle relative to a ground surface.
Clark (Figure 1) teaches attachment mechanisms (Fig. 1, Part No. 17) (Col. 2, Lines 34-44) spaced apart along said side surface and configured to removably receive, and temporarily secure, said scoring indicator (Fig. 1, Part No. 19, 20).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the clamed invention to provide Strattman with an attachment mechanism along said side surface and configured to removably receive, and temporarily secure, said scoring indicator as taught by Haffey as a means of providing a game with scoring markers mounted below a surface of the game surface (Haffey: Col. 2, Lines 33-39), to provide Strattman with at least one leg attached to a distal half of the game board as taught by Poffenberger as means of providing a game with legs of differing lengths to support a play surface at an angled position relative to the ground (Poffenberger: Col. 3, Lines 15-18), and to provide Strattman with attachment mechanisms spaced apart along said side surface as taught by Clark as a means of providing a game with spaced holes sized to receive scoring indicators along a side surface (Clark: Col. 2, Lines 34-44) .
Regarding claim 2, the modified Strattman (Figures 1-3) teaches a playing surface comprising a hole (Fig. 1, Part No. 11) (Page 2, Lines 4-9) located at a distal half of the playing surface.
The modified Strattman does not teach the first direction is primarily horizontal; and the second direction is primarily vertical.
Haffey (Figures 1-8) teaches the first direction is primarily horizontal; and the second direction is primarily vertical (See fig. 5-7) (Col. 2, Lines 33-39).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the clamed invention to provide the modified Strattman with the first direction is primarily horizontal; and the second direction is primarily vertical as taught by Haffey as a means of providing a game with scoring markers mounted below a surface of the game surface (Haffey: Col. 2, Lines 33-39).
Regarding claim 3, the modified Strattman (Figures 1-3) teaches a playing surface comprising a hole (Fig. 1, Part No. 11) (Page 2, Lines 4-9) located at a distal half of the playing surface.
The modified Strattman does not teach the first portion of the scoring indicator comprises a peg; and the second portion of the scoring indicator comprises a post and a visual indicator.
Haffey (Figures 1-8) teaches the first portion of the scoring indicator comprises a peg (Fig. 5, part No. 50; Fig. 7, part No. 51) (Col. 2, Lines 33-39); and the second portion of the scoring indicator comprises a post (Fig. 5, Part No. 52; See fig. 7) and a visual indicator (Fig. 5-6, Part No. 46) (Fig. 7, Part No. 47).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the clamed invention to provide the modified Strattman with the second portion of the scoring indicator comprises a post and a visual indicator as taught by Haffey as a means of providing a game with scoring markers mounted below a surface of the game surface (Haffey: Col. 2, Lines 33-39).
Regarding claim 4, the modified Strattman (Figures 1-3) teaches a playing surface comprising a hole (Fig. 1, Part No. 11) (Page 2, Lines 4-9) located at a distal half of the playing surface.
The modified Strattman does not teach the first and second portions of the scoring indicator extend substantially perpendicular to one another.
Haffey (Figures 1-8) teaches the first and second portions of the scoring indicator extend substantially perpendicular to one another (See fig. 5-7).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the clamed invention to provide the modified Strattman with the first and second portions of the scoring indicator extend substantially perpendicular to one another as taught by Haffey as a means of providing a game with scoring markers mounted below a surface of the game surface (Haffey: Col. 2, Lines 33-39).
Regarding claim 5, the modified Strattman (Figures 1-3) teaches a playing surface comprising a hole (Fig. 1, Part No. 11) (Page 2, Lines 4-9) located at a distal half of the playing surface.
The modified Strattman does not teach scoring lines provided at the side surface.
Haffey (Figures 1-8) teaches scoring lines provided at the side surface (See fig. 1).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the clamed invention to provide the modified Strattman with scoring lines provided at the side surface as taught by Haffey as a means of providing a game with lines aligned with scoring markers to enhance playing of the game (Haffey: Col. 2, Lines 33-39).
Regarding claim 6, the modified Strattman (Figures 1-3) teaches a playing surface comprising a hole (Fig. 1, Part No. 11) (Page 2, Lines 4-9) located at a distal half of the playing surface.
The modified Strattman does not teach the scoring lines are aligned with the attachment mechanisms.
Clark (Figure 1) teaches the scoring lines (See fig. 1) are aligned with the attachment mechanisms (Fig. 1, Part No. 17) (Col. 2, Lines 34-44).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the clamed invention to provide the modified Strattman with the scoring lines are aligned with the attachment mechanisms as taught by Clark as a means of providing a game with spaced holes sized to receive scoring indicators along a side surface (Clark: Col. 2, Lines 34-44).
Regarding claim 7, the modified Strattman (Figures 1-3) teaches a playing surface comprising a hole (Fig. 1, Part No. 11) (Page 2, Lines 4-9) located at a distal half of the playing surface.
The modified Strattman does not teach additional scoring lines provided at the playing surface; and numbering provided in association with at least some of the scoring lines.
Clark (Figure 1) teaches additional scoring lines (See fig. 1) provided at the playing surface; and numbering (See fig. 1) provided in association with at least some of the scoring lines (See fig. 1) (Col. 2, Lines 34-44).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the clamed invention to provide the modified Strattman with numbering provided in association with at least some of the scoring lines as taught by Clark as a means of providing a game with spaced holes sized to receive scoring indicators along a side surface (Clark: Col. 2, Lines 34-44) .
Regarding claim 8, the modified Strattman (Figures 1-3) teaches a playing surface comprising a hole (Fig. 1, Part No. 11) (Page 2, Lines 4-9) located at a distal half of the playing surface.
The modified Strattman does not teach at least some of the scoring lines are aligned with the attachment mechanisms; and each of said scoring lines at the playing surface extend along a width dimension of the playing surface.
Clark (Figure 1) teaches at least some of the scoring lines are aligned with the attachment mechanism (17) (Col. 2, Lines 34-44); and each of said scoring lines at the playing surface extend along a width dimension of the playing surface (See fig. 1).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the clamed invention to provide the modified Strattman with at least some of the scoring lines are aligned with the attachment mechanisms as taught by Clark as a means of providing a game with spaced holes sized to receive scoring indicators along a side surface (Clark: Col. 2, Lines 34-44).
Regarding claim 9, the modified Strattman (Figures 1-3) teaches a playing surface comprising a hole (Fig. 1, Part No. 11) (Page 2, Lines 4-9) located at a distal half of the playing surface.
The modified Strattman does not teach the second portion of the scoring indicator extends above the playing surface when the scoring indicator is attached to one of the attachment mechanisms.
Haffey (Figures 1-8) teaches the second portion (Fig. 5, part No. 52; Fig. 7, Part No. 47) of the scoring indicator extends above the playing surface when the scoring indicator is attached to the attachment mechanism (Col. 2, Lines 33-39).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the clamed invention to provide the modified Strattman with the second portion of the scoring indicator extends above the playing surface as taught by Haffey as a means of providing a game with scoring markers that extend above the game play surface (Haffey: Col. 2, Lines 33-39).
Regarding claim 10, the modified Strattman (Figures 1-3) teaches a playing surface comprising a hole (Fig. 1, Part No. 11) (Page 2, Lines 4-9) located at a distal half of the playing surface.
The modified Strattman does not teach each of said attachment mechanisms comprise an insert hole.
Clark (Figure 1) teaches each of said attachment mechanisms (17) comprise an insert hole (Col. 2, Lines 34-44).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the clamed invention to provide the modified Strattman with each of said attachment mechanisms comprise an insert hole as taught by Clark as a means of providing a game with spaced holes sized to receive scoring indicators along a side surface (Clark: Col. 2, Lines 34-44).
Regarding claim 11, the modified Strattman (Figures 1-3) teaches a playing surface comprising a hole (Fig. 1, Part No. 11) (Page 2, Lines 4-9) located at a distal half of the playing surface.
The modified Strattman does not teach the first portion of the scoring indicators is sized to fit within any of said insert holes.
Clark (Figure 1) teaches the first portion of the scoring indicators (19, 20) is sized to fit within any of said insert hole (Col. 2, Lines 34-44).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the clamed invention to provide the modified Strattman with each of said attachment mechanisms comprise an insert hole as taught by Clark as a means of providing a game with spaced holes sized to receive scoring indicators along a side surface (Clark: Col. 2, Lines 34-44).
Regarding claim 20, Strattman (Figures 1-3) teaches a game board comprising: a playing surface comprising a hole (Fig. 1, Part No. 11) (Page 2, Lines 4-9) located at a distal half of the playing surface; a side surface (7) extending from said playing surface; a scoring indicator (12) (Page 1, Lines 43-55); wherein a first portion of said scoring indicator (Fig. 1-2, Part No. 12) extends outward relative to said side surface.
It is noted that the prior art of Strattman is fully capable of performing the claim recitation of “for a bag toss game” and “sized to receive a bag of the bag toss game” as the recited limitations are directed to the intended use of the claimed apparatus and do not structurally distinguish the claimed apparatus from the prior art. Apparatus claims cover what a device is, not what a device does (See: Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990)). A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim (See: Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)).
Strattman does not teach a side surface extending downward from said playing surface, at least one leg attached to a distal half of the game board for orienting the playing surface at a non-zero angle relative to a ground surface, attachment mechanisms spaced apart along an underside of said playing surface and configured to removably receive, and temporarily secure, said scoring indicator, a second portion of said scoring indicator extends upward towards an upper side of said playing surface when said scoring indicator is attached to one of the attachment mechanisms.
Haffey (Figures 1-8) teaches a side surface (Fig. 5-6, Part No. 18; Also see fig. 7) (Col. 2, Lines 33-39) extending downward from said playing surface, an attachment mechanism along an underside of said playing surface and configured to removably receive, and temporarily secure, said scoring indicator (17) (Col. 2, Lines 33-39), and a second portion (Fig. 5, Part No. 52) of said scoring indicator extends upward towards an upper side of said playing surface when said scoring indicator is attached to said attachment mechanism (See figures 5-7).
Poffenberger (Figures 1-2) teaches at least one leg (Col. 3, Lines 15-18) attached to a distal half of the game board for orienting the playing surface at a non-zero angle relative to a ground surface.
Clark (Figure 1) teaches attachment mechanisms (Fig. 1, Part No. 17) (Col. 2, Lines 34-44) spaced apart along said playing surface and configured to removably receive, and temporarily secure, said scoring indicator (Fig. 1, Part No. 19, 20).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the clamed invention to provide Strattman with an attachment mechanism along an underside of said playing surface as taught by Haffey as a means of providing a game with scoring markers mounted below a surface of the game surface (Haffey: Col. 2, Lines 33-39), to provide Strattman with at least one leg attached to a distal half of the game board as taught by Poffenberger as means of providing a game with legs of differing lengths to support a play surface at an angled position relative to the ground (Poffenberger: Col. 3, Lines 15-18), and to provide Strattman with attachment mechanisms spaced apart along said playing surface as taught by Clark as a means of providing a game with spaced holes sized to receive scoring indicators along a side surface (Clark: Col. 2, Lines 34-44).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Strattman in view of Haffey, Poffenberger, and Clark, further in view of Volack (20100050926) and Hutchison (5762338).
Regarding claim 12, the modified Strattman (Figures 1-3) teaches said scoring indicator (12) comprises a metal (Page 1, Lines 43-52).
The modified Strattman does not teach said attachment mechanisms comprise one of: a ferrous metal and a magnet.
Volack teaches said scoring indicator comprises a ferrous metal (Para. 0005).
Haffey (Figures 1-8) teaches said attachment mechanism (18) comprise a ferrous metal (Fig. 5, Part No. 48) (Col. 4, Lines 13-25).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the clamed invention to provide the modified Strattman with said scoring indicator comprises a ferrous metal as taught by Volack as a means of selection of a known material (a ferrous metal) based on its suitability for its intended use (a scoring indicator for a game) (See: Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945); In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960)), to provide the modified Strattman with said attachment mechanism comprise a metal as taught by Haffey as a means of selection of a known material (metal) based on its suitability for its intended use (an attachment mechanism sized to receive a scoring indicator for a game) (See: Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945); In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960)) (Haffey: Col. 4, Lines 13-25), and to provide the modified Strattman with said attachment mechanism comprise a ferrous metal as taught by Hutchison as a means of selection of a known material (a ferrous metal) based on its suitability for its intended use (an attachment mechanism for a board game) (See: Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945); In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960)).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Strattman in view of Haffey, Poffenberger, and Clark, further in view of Rubano (4331098).
Regarding claim 13, the modified Strattman (Figures 1-3) teaches a playing surface comprising a hole (Fig. 1, Part No. 11) (Page 2, Lines 4-9) located at a distal half of the playing surface.
The modified Strattman does not teach a slot located along said side surface and configured to accommodate and retain the scoring indicator, wherein said attachment mechanisms comprise obstructions located along the slot configured to frictionally engage the scoring indicator when moved along the slot (Col. 2, Lines 2-10).
Rubano (Figures 1-10) teaches a slot (Fig. 1, Part No. 23) located along said side surface and configured to accommodate and retain the scoring indicator (26), wherein said attachment mechanisms comprise obstructions (24) located along the slot configured to frictionally engage the scoring indicator when moved along the slot (Col. 2, Lines 2-10).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the clamed invention to provide the modified Strattman with said attachment mechanisms comprise obstructions located along the slot as taught by Rubano as a means of providing a game with a slot having protrusion to stop a scoring indicator at a desired location (Rubano: Col. 2, Lines 2-10).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Strattman in view of Haffey, Poffenberger, and Clark, further in view of Nechamkin (1604593).
Regarding claim 14, the modified Strattman (Figures 1-3) teaches a playing surface comprising a hole (Fig. 1, Part No. 11) (Page 2, Lines 4-9) located at a distal half of the playing surface.
The modified Strattman does not teach said scoring indicator comprises a loop; and each of said attachment mechanisms comprise a hook.
Nechamkin (Figures 1-6) teaches said scoring indicator comprises a loop (Fig. 3, Part No. 26) (Page 2, Lines 115-123); and each of said attachment mechanisms comprise a hook (Fig. 3, Part No. 25) (Page 2, Lines 115-123).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the clamed invention to provide Strattman with each of said attachment mechanisms comprise a hook as taught by Nechamkin as a means of providing a game with hooks sized to receive rings to indicate a score in the game (Nechamkin: Page 2, Lines 115-123).
Claims 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Poffenberger in view Haffey and Clark.
Regarding claim 15, Poffenberger (Figures 1-2) teaches a method for playing a bag toss game, said method comprising the steps of: providing two game boards (Col. 1, Lines 20-39), each comprising: a playing surface comprising a hole (Fig. 1, Part No. 26) located at a distal half of the playing surface and sized to receive bags of the bag toss game; a side surface (18) extending downward from said playing surface (See fig. 1); and at least one leg (Col. 3, Lines 15-18) attached to a distal half of the game board for orienting the playing surface at a non-zero angle relative to a ground surface; at least one of said two game boards further comprising: a scoring indicator (Fig. 1-2, Part No. 44) (Col. 3, Lines 52-67 and Col. 4, Lines 1-4); and an attachment mechanism (fig. 1, Part No. 42) along said side surface and configured to removably receive, and temporarily secure, said scoring indicator (44); tossing a number of the bags at one of said two game boards to complete a round of play (Col. 1, Lines 20-39); determining a score for said round of play (Col. 1, Lines 20-39); and connecting said scoring indicator (44) to said attachment mechanism corresponding to said score to visually indicate the score (see fig. 1).
Poffenberger does not teach attachment mechanisms spaced apart along said side surface and configured to removably receive, and temporarily secure, said scoring indicator, a first portion of said scoring indicator extends outward from said side surface and a second portion of said scoring indicator extends upward towards said playing surface when said scoring indicator is attached to one of the attachment mechanisms, connecting said scoring indicator to one of said attachment mechanisms.
Haffey (Figures 1-8) teaches an attachment mechanism along said side surface (Fig. 5-6, Part No. 18; Also see fig. 7) and configured to removably receive, and temporarily secure, said scoring indicator (17) (Col. 2, Lines 33-39), a first portion (Fig. 5, Part No. 50; Fig. 7, Part No. 51) of said scoring indicator extends outward from said side surface and a second portion (Fig. 5, part No. 52; Fig. 7, Part No. 47) of said scoring indicator extends upward towards said playing surface when said scoring indicator is attached to the attachment mechanism.
Clark (Figure 1) teaches attachment mechanisms (Fig. 1, Part No. 17) (Col. 2, Lines 34-44) spaced apart along said side surface and configured to removably receive, and temporarily secure, said scoring indicator (Fig. 1, Part No. 19, 20), and connecting said scoring indicator (Fig. 1, Part No. 19, 20) to one of said attachment mechanisms (17).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the clamed invention to provide Poffenberger with a second portion of said scoring indicator extends upward towards said playing surface as taught by Haffey as a means of providing a game with scoring markers mounted below a surface of the game surface (Haffey: Col. 2, Lines 33-39), and to provide Poffenberger with connecting said scoring indicator to one of said attachment mechanisms as taught by Clark as a means of providing a game with spaced holes sized to receive scoring indicators along a side surface (Clark: Col. 2, Lines 34-44) .
Regarding claim 16, the modified Poffenberger (Figures 1-2) teaches completing additional rounds of play (Col. 1, Lines 20-39); determining the score after each of the additional rounds of play (Col. 1, Lines 20-39).
Poffenberger does not teach connecting the scoring indicator to a different one of the attachment mechanisms following change to the score to visually indicate the score.
Clark (Figure 1) teaches connecting the scoring indicator (Fig. 1, Part No. 19, 20) to a different one of the attachment mechanisms (17) following change to the score to visually indicate the score (Col. 2, Lines 34-44).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the clamed invention to provide the modified Poffenberger with connecting the scoring indicator to a different one of the attachment mechanisms following change to the score to visually indicate the score as taught by Clark as a means of providing a game with spaced holes sized to receive scoring indicators along a side surface (Clark: Col. 2, Lines 34-44) .
Regarding claim 17, the modified Poffenberger (Figures 1-2) teaches declaring a winning team when said scoring indicator (44) reaches a final one of said locations (Col. 1, Lines 20-39).
Regarding claim 18, the modified Poffenberger (Figures 1-2) teaches providing two game boards (Col. 1, Lines 20-39).
The modified Poffenberger does not teach said at least one of said two game boards comprises scoring lines and numerical markings provided in associated with at least some of the scoring lines; and said scoring indicator is placed at a respective one of the attachment associated with a respective one of said numerical markings corresponding to the score to visually indicate the score.
Clark (Figure 1) teaches said game board comprises scoring lines and numerical markings provided in associated with at least some of the scoring lines (See fig. 1); and said scoring indicator (19, 20) is placed at a respective one of the attachment mechanisms (Fig. 1, Part No. 17) (Col. 2, Lines 34-44) associated with a respective one of said numerical markings corresponding to the score to visually indicate the score (See fig. 1).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the clamed invention to provide the modified Poffenberger with said scoring indicator is placed at a respective one of the attachment mechanisms associated with a respective one of said numerical markings as taught by Clark as a means of providing a game with spaced holes sized to receive scoring indicators along a side surface (Clark: Col. 2, Lines 34-44).
Regarding claim 19, the modified Poffenberger (Figures 1-2) teaches providing two game boards (Col. 1, Lines 20-39).
The modified Poffenberger does not teach at least some of the scoring lines are provided at the playing surface of each of said two game boards comprise scoring lines located at said playing surface; at least some of the scoring lines are provided at the side surface of the at least one of said two game boards; and the scoring lines are provided to simulate yard lines of a regulation American football field.
Clark (Figure 1) teaches at least some of the scoring lines (See fig. 1) are provided at the playing surface of said game boards comprise scoring lines located at said playing surface (See fig. 1); at least some of the scoring lines are provided at the side surface of the game board (See fig. 1); and the scoring lines are provided to simulate yard lines of a regulation American football field (See fig. 1) (Col. 2, Lines 34-44).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the clamed invention to provide the modified Poffenberger with at least some of the scoring lines are provided at the playing surface as taught by Clark as a means of providing a game with lines aligned with spaced holes sized to receive scoring indicators along a side surface (Clark: Col. 2, Lines 34-44).
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..
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/C.G./Examiner, Art Unit 3711
/JOSEPH B BALDORI/Primary Examiner, Art Unit 3711