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 .
Election/Restrictions
During a telephone conversation with Robert C. Kain on January 20, 2026 a provisional election was made without traverse to prosecute the invention of Group 1, claims 1-10. Affirmation of this election must be made by applicant in replying to this Office action. Claims 11-12 withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “29” has been used to designate both a power supply and a passive transmitter-sensory element. 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. 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:
In paragraph 0016, line 3, "hoop 14" should read "hoop 20."
In paragraph 0023, line 2, "transmitter 28,29" should read "transmitter 28."
In paragraph 0025, line 6, "display screen 36" should read "display screen 35."
In paragraph 0029, line 2, "controller system 32" should read "controller system 30."
In paragraph 003, line 1, "RFID 28" should read "RFID 29" or a new assigned reference character for the RFID as described above.
Appropriate correction is required.
Claim Objections
Claims 7 and 9 are objected to because of the following informalities:
In claim 7, line 5, "assigning the" should read " assigns the."
In claim 9, line 1, "the game as claimed in claim 7" should read "the game as claimed in claim 8." For examination purposes the examiner has interpreted claim 9 to be dependent on claim 8. Appropriate correction is required.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deluz (US 8342901) in view of Lee et al. (US 5125010), hereafter referred to as Lee.
Regarding claim 1, Deluz discloses an electronic hoop spinning game (Abstract) operable on a rotating hip of a user comprising:
a hoop (Figure 1, element 29) adapted to twirl about the rotating hip of the user, the hoop having a substantially circular cross-sectional shape (Figures 1A-1F);
a passive or an active transmitter (Figure 28A, element 140) mounted on the hoop;
a stationary receiver (Figure 28A, element 142) disposed apart from but within the range of the hoop-mounted transmitter;
a controller (Figure 28A, element 148) coupled to the receiver, and the controller coupled to a display (Figure 28A, element 164);
Deluz does not disclose the controller having a counter for counting the passing of the hoop-mounted transmitter past the receiver, wherein when the controller maintains a count of the number of times the hoop-mounted transmitter passes the receiver as a hoop count and engages the display to visually present the hoop count to the user.
Furthermore, Lee teaches a passive transmitter (Figure 2, element 50); a stationary receiver (Figure 3, element 102) disposed apart from but within the range of the transmitter; a controller (Figure 3. Element 106) coupled to the receiver, the controller having a counter (Figure 1, element 42) for counting the passing of the hoop-mounted transmitter past the receiver, and the controller coupled to a display (Figure 1, element 42); wherein when the controller maintains a count of the number of times the hoop-mounted transmitter passes the receiver (Column 6, line 13-16) and engages the display to visually present the count to the user (Column 6, line 30-31).
It follows that the transmitter, receiver, controller, counter, and display of Lee may be used to modify the hoop, transmitter, and receiver of Deluz to enable the controller to maintain a count of the number of times the hoop-mounted transmitter passes the receiver as a hoop count and to then present the hoop count on the display. It would have been obvious for one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the hoop of Deluz to incorporate the teachings of Lee to provide a controller coupled to a receiver, counter, and display to maintain and display a count of the number of times the hoop-mounted transmitter passes the receiver.
Regarding claim 2, Deluz in view of Lee discloses the game as claimed in claim 1, but does not disclose a hoop-mounted transmitter disposed in a flexible carrier adapted to be wrapped around a segment of the hoop, the flexible carrier being removably attachable to the hoop and the carrier having a releasable closure mechanism to enable the carrier to be wrapped around the hoop segment.
Furthermore, Lee teaches a flexible carrier (Figure 1, element 16) adapted to be wrapped around a cylinder, the flexible carrier being removably attachable (Figure 1, element 13) to the cylinder and the carrier having a releasable closure mechanism (Figure 1, element 13) to enable the carrier to be wrapped around the hoop segment. Lee reveals that it is known in the art of mounted transmitters to provide a removably attachable flexible carrier to attach a transmitter to a moving object. It would have been obvious for one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the hoop of Deluz to incorporate the teachings of Lee to provide a removably attachable flexible carrier to secure the transmitter to the hoop.
Regarding claim 3, Deluz in view of Lee discloses the fame as claimed in claim 2. Deluz additionally discloses a display screen disposed separate and apart from the controller (Figure, 28C).
Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deluz (US 8342901) in view of Lee et al. (US 5125010) as applied to claims 1-3 above, and further in view of Bose (US 2017/004358).
Regarding claim 4, Deluz in view of Lee discloses the game as claimed in claim 3. Lee teaches a controller with a memory (Column 6, line 56-57) coupled thereto. Deluz in view of Lee does not disclose a transceiver coupled to the controller and the memory, with the controller maintaining the hoop count as hoop count data in the memory, and the controller transmitting the hoop count data to a computer-enabled device.
Furthermore, Bose teaches a radio transceiver (Paragraph 0112, lines 1-7) coupled to the controller and the memory, with the controller transmitting the movement data to a computer-enabled device (Paragraph 0112, line 7-16). Bose reveals that it is known in the art of motion sensors to provide a transceiver coupled to the controller and the memory to transmit motion data to a computer-enabled device. It would have been obvious for one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the hoop game of Deluz as modified by Lee to incorporate the teachings of Bose to provide a transceiver coupled to the controller and the memory to maintain hoop count as hoop count data in the memory and to transmit motion data to a computer-enabled device.
Regarding claim 5, Deluz in view of Lee further in view of Bose discloses the game as claimed in claim 4. Bose teaches a computer-enabled device that is a cell phone (Paragraph 0012 line 16). Deluz in view of Lee, as modified by Bose is applied as in claim 4, with the same obviousness rationale being found applicable.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deluz (US 8342901) in view of Lee et al. (US 5125010) and Bose (US 2017/004358) as applied to claim 4 above, and further in view of Klinghult (US 2019/0015694).
Regarding claim 6, Deluz in view of Lee and Bose discloses the game as claimed in claim 4, but does not disclose a display screen that is a television or monitor.
Furthermore, Klinghult teaches an exercise accessory equipped to process movement data and display the data on a television (Paragraph 0094, line 13-17). Klinghult reveals that it is known in the art of exercise accessories to use a television as a display screen. It would have been obvious for one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the hoop game of Deluz as modified by Lee and Bose to incorporate the teachings of Klinghult to provide a television to display hoop count data on a display disposed separate from the controller.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deluz (US 8342901) in view of Lee et al. (US 5125010) and Bose (US 2017/004358) as applied to claim 4 above, and further in view of Lozinski (US 2023/0081027).
Regarding claim 7, Deluz in view of Lee and Bose discloses the game as claimed in claim 4 . Lee discloses a user actuatable (UA) input module (Figure 1, element 30) coupled to the controller, the UA module accepting ON-OFF commands (Figure 1, element 34), a reset count command (Figure 1, element 38), and in the presence of the reset command the controller altering the count data to a predetermined number (Column 6, line 24-27). Deluz in view of Lee and Bose does not disclose a player designator command, where in the presence of the player designator command the controller assigns the hoop count data to a designated player.
Furthermore, Lozinski teaches an disclose a player designator command (Figure 2, element 210), where in the presence of the player designator command the controller assigns the score data to a designated player (Paragraph 0057, line 6-8). Lozinski reveals that it is known in the art of exercise accessories to use a player designator command the controller assigns the score data to a designated player. It would have been obvious for one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the hoop game of Deluz as modified by Lee and Bose to incorporate the teachings of Lozinski to provide a player designator command to enable the controller to assign the hoop count data to a designated player.
Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deluz (US 8342901) in view of Lee et al. (US 5125010) as applied to claim 1 above, and further in view of Bose (US 2017/004358).
Regarding claim 8, Deluz discloses an electronic hoop spinning game (Abstract) operable on a rotating hip of a user comprising and adapted to communicate with the user's cell phone comprising:
a hoop (Figure 1, element 29) adapted to twirl about the rotating hip of the user, the hoop having a substantially circular cross-sectional shape (Figures 1A-1F);
a transmitter (Figure 28A, element 140) mounted on the hoop,
Deluz does not disclose the hoop-mounted transmitter having a cell phone transceiver module in communication with the user's cell phone; the user's cell phone having an APP operating as a stationary receiver within the range of the hoop-mounted transmitter; the APP having a counter for counting the passing of the hoop-mounted transmitter past the receiver, and the APP engaging a cell phone display screen for presentation of a hoop count to the user, the APP maintaining hoop count data of the number of times the hoop-mounted transmitter passes the stationary receiver and engages the cell phone display to visually present the hoop count data to the user.
Furthermore, Lee teaches a stationary receiver (Figure 3, element 102) disposed apart from but within the range of the transmitter; a controller (Figure 3. Element 106) coupled to the receiver, the controller having a counter (Figure 1, element 42) for counting the passing of the hoop-mounted transmitter past the receiver; wherein when the controller maintains a count of the number of times the hoop-mounted transmitter passes the receiver (Column 6, line 13-16) and engages the display to visually present the hoop count to the user (Column 6, line 30-31).
Additionally, Bose teaches a motion sensor accessory for sports equipment with the mounted transmitter having a cell phone transceiver module in communication with the user's cell phone (Figure 1 element 111, and paragraph 0112 line 1-16); the user's cell phone having an APP operating as a stationary receiver within the range of the hoop-mounted transmitter (paragraph 0113, line 12-15); and the APP engaging a cell phone display screen for presentation of a hoop count to the user (Figure 1, element 120).
It follows that teachings of the receiver, controller, and counter of Lee may be used to modify the cell phone APP of Bose, imparting the function of the controller of Lee such that the APP operates as a stationary receiver within the range of the hoop-mounted transmitter. It follows that the transceiver module, cell phone APP, and cell phone display screen of Bose may be used to modify the hoop and transmitter of Deluz to enable the cell phone to maintain a count of the number of times the hoop-mounted transmitter passes the cell phone receiver as a hoop count and to then present the hoop count on the display. It would have been obvious for one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the hoop of Deluz to incorporate the teachings of Lee and Bose to provide a cell phone APP to maintain and display hoop count data of the number of times the hoop-mounted transmitter passes the stationary receiver.
Regarding claim 9, Deluz as modified by Lee and Bose discloses the game as claimed in claim 8. Deluz does not disclose does not disclose a hoop-mounted transmitter disposed in a flexible carrier adapted to be wrapped around a segment of the hoop, the flexible carrier being removably attachable to the hoop and the carrier having a releasable closure mechanism to enable the carrier to be wrapped around the hoop segment.
Furthermore, Lee teaches a flexible carrier (Figure 1, element 16) adapted to be wrapped around a cylinder, the flexible carrier being removably attachable (Figure 1, element 13) to the cylinder and the carrier having a releasable closure mechanism (Figure 1, element 13) to enable the carrier to be wrapped around the hoop segment. Lee reveals that it is known in the art of mounted transmitters to provide a removably attachable flexible carrier to attach a transmitter to a moving object. It would have been obvious for one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the hoop of Deluz as modified by Lee and Bose to incorporate the teachings of Lee to provide a removably attachable flexible carrier to secure the transmitter to the hoop.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deluz (US 8342901) in view of Lee et al. (US 5125010) and Bose (US 2017/004358) as applied to claim 8 above, and further in view of Lozinski (US 2023/0081027).
Regarding claim 10, Deluz as modified by Lee and Bose discloses the game as claimed in claim 8. Deluz does not disclose the APP including a user actuatable (UA) input module, the UA module accepting ON-OFF user commands, a reset count command, and a player designator command, in the presence of the reset command the APP altering the hoop count data to a predetermined number, and in the presence of the player designator command the APP assigning the hoop count data to a designated player.
Lee discloses a user actuatable (UA) input module (Figure 1, element 30) coupled to the controller, the UA module accepting ON-OFF commands (Figure 1, element 34), a reset count command (Figure 1, element 38), and in the presence of the reset command the controller altering the count data to a predetermined number (Column 6, line 24-27). Furthermore, Lozinski teaches an disclose a player designator command (Figure 2, element 210), where in the presence of the player designator command the controller assigns the score data to a designated player (Paragraph 0057, line 6-8). Lozinski reveals that it is known in the art of exercise accessories to use a player designator command the controller assigns the score data to a designated player. It follows that the player designator command of Lozinski may be used to modify the user actuatable (UA) input module of Lee to enable the cell phone APP of Deluz modified by Lee and Bose to, in the presence of the player designator command, direct the APP to assign the hoop count data to a designated player. It would have been obvious for one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the hoop game of Deluz as modified by Lee and Bose to incorporate the teachings of Lozinski to provide a player designator command to enable the APP to assign the hoop count data to a designated player.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KALYN G YOUNGER whose telephone number is (571)272-0733. The examiner can normally be reached Monday-Friday 8 AM-5 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, Nicholas Weiss can be reached at (571) 270-1775. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.G.Y./ Examiner, Art Unit 3711
/NICHOLAS J. WEISS/ Supervisory Patent Examiner, Art Unit 3711