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 § 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.
Claim 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Carbonero (US2005/0119071 A1).
Claim 1, Carbonero discloses a product for football training (figures 2E-3E), comprising:
at least one ball (football 10) comprising a first end opposite a second end (first shown in figure 3E and second end is shown in figure 3D);
at least one first visual indicator (hand placement indicia 34; figure 3D) comprising at least one hand placement indicator or digit indicator disposed on the outer surface adjacent to one or more laces (paragraph 34) and extending toward the first end to define finger placement for a throwing grip; and
at least one second visual indicator (marking 40 which includes indicia 38 shown as a star; figure 3E) comprising at least one of a shape, symbol, number, or letter disposed on an outer surface approximately the second end, the second visual indicator comprising at least one catcher indicator configured to provide a focal point during ball travel and optionally extending partially around a circumference of the ball in a colored format (paragraphs 0030 and 0031; alternatively indicia 20 can be considered as the catcher indicator that extends partially or wholly around the circumference of the ball) to improve concentration during catching. It is noted that “optionally” is a relative term and has been broadly interpreted. The term “optionally” implies that the claimed feature is optional and not necessarily required.
Claim 2, Carbonero shows the at least one first visual indicator is approximately at the first end (as shown in figure 3D hand placement indicia 34 is at the first end).
Claim 3, Carbonero shows the at least one second visual indicator (40/38 represented as a star) is approximately at the second end (the star is shown as being a6 the second end in figure 3D).
Claim 4, Carbonero shows the at least one ball comprises laces (as shown in figures 3D and 3E the ball includes laces; paragraph 0034).
Claim 5, Carbonero shows the at least one first visual indicator (34/32) is approximately at the laces (as shown in figure 3D hand indicia 34/32 is at the laces i.e. the fingertip portion of the hand).
Claim 6, Carbonero shows at least one third visual indicator (hand indicia 34/32’; figure 3E) comprising at least one hand placement indicator or digit indicator.
Claim 7, Carbonero shows the at least one third visual indicator (34/32’ as shown in figure 3E) is approximately at the second end (as shown in figure 3E hand placement indicia 34 is at the first end; the thumb segment is at the first end).
Claim 8, Carbonero shows the at least one first visual indicator (34/32) and the at least one third visual indicator (34/32’) at least partially overlap .
Claim 9, Carbonero shows the at least one ball is a football (paragraph 0034).
Claim 10, Carbonero discloses a product for football training, comprising:
a football (10; figures 2E-3E show a football) comprising an outer surface, laces, and a first end opposite a second end, the laces being positioned approximately between the first and the second end;
at least one first visual indicator (hand placement indicia 34/32; figure 3D) comprising at least one first hand placement indicator and first digit placement indicator (fingers 36) disposed on the outer surface approximately at the first end disposed on the outer surface adjacent to one or more laces (paragraph 0034) and extending toward the first end to define finger placement for a throwing grip;
at least one second visual indicator (marking 40 which includes indicia 38 shown as a star; figure 3D) comprising at least one of a shape, symbol, number, or letter disposed on the outer surface approximately at the second end the second visual indicator comprising at least one catcher indicator extending partially about a circumference of the football in a colored format to provide a focal point during ball travel (paragraphs 0030 and 0031; alternatively indicia 20 can be considered as the catcher indicator that extends partially or wholly around the circumference of the ball); and
at least one third visual indicator (34/32’ as shown in figure 3E) comprising at least one second hand placement indicator (32’) and second digit placement indicator (36) disposed on the outer surface approximately at the second end to instruct hand placement of a catching user.
Claim 11, Carbonero shows the first digit placement indicator comprises a plurality of first digit placement indicators (as shown in figure 3D there are a plurality of finger indicators).
Claim 12, Carbonero shows the third digit placement indicator comprises a plurality of second digit placement indicators (as shown in figure 3E there are a plurality of finger indicators).
Claim 13, Carbonero shows the at least one first visual indicator (34/32) and the at least one third visual indicator (34/32’) at least partially overlap.
Claim 14, Carbonero discloses the claimed device with the exception of at least one of the at least one first visual indicator (34/32), at least one second visual indicator (40/38), or at least one third visual indicator (34/32’) is reflective.
Claim 15, Carbonero shows the at least one first visual indicator (34/32) comprises a visual representation of a hand including five fingers (figure 3D shows five fingers).
Claim 16, Carbonero shows the at least one first visual indicator (34) comprises a visual representation of a first hand (right hand 32) including five fingers and a second hand (46) including five fingers (figure 2E).
Claim 17, Carbonero shows the at least one third visual indicator (40/32’) comprises a visual representation of a hand including five fingers (figure 3E).
Claim 18, Carbonero shows the at least one second visual indicator (40/38) is a plurality of second visual indicators comprising at least one of a shape, symbol, number, or letter (figure 3E shows another second visual indicator in the shape of a star).
Claim 19, Carbonero shows the product is constructed and arranged for improving teachability, concentration, and focus during a throwing or catching process (paragraphs 0004, 0033).
It is noted:
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. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). (see MPEP 2114 [R-1] Apparatus and Article Claims - Functional Language).
Claim 20, Carbonero discloses a product for football training, comprising:
a football (10; figures 2E-3E show a football) comprising an outer surface, laces, and a first end opposite a second end, the laces being positioned approximately between the first and the second end;
at least one first visual indicator (hand placement indicia 34/32; figure 3D) comprising at least one first hand placement indicator and a first plurality of digit placement indicators disposed on the outer surface approximately at the first end and aligned relative to the laces (paragraph 0034) to instruct finger placement for a throwing grip (paragraphs 0021, 0040);
at least one second visual indicator (marking 40 which includes indicia 38 shown as a star; figure 3D) comprising at least one of a shape, symbol, number, or letter disposed on the outer surface approximately at the second end the second visual indicator comprising at least one catcher indicator extending partially about a circumference of the football in a colored format to provide a focal point for a catching user (paragraphs 0030 and 0031; alternatively indicia 20 can be considered as the catcher indicator that extends partially or wholly around the circumference of the ball); and
at least one third visual indicator (34/32’ as shown in figure 3E) comprising at least one second hand placement indicator and a second plurality of digit placement indicators disposed on the outer surface approximately at the second end to instruct hand placement of a catching user.
Response to Arguments
Applicant's arguments filed 22 September 2023 have been fully considered but they are not persuasive. The amendments to claims 1, 10 and 20 do not overcome the Carbonero patent for the following reasons: Carbonero discloses and shows the visual indicators as being positioned on the outer surface of the ball adjacent to the one or more lacings and extending toward the first end. This is clearly shown in figures 3D and 3E. Additionally Carbonero shows the at least one shape, symbol, number etc. are also disposed on an outer surface approximately at the second end and further include at least one catcher indicator that is partially extends around a circumference of the ball in a colored format.
It is the examiner’s position that the prior art of record reads on the pending claims.
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 MITRA ARYANPOUR whose telephone number is (571)272-4405. The examiner can normally be reached on Mon, Thur, Fri 8:00am to 4:00pm, Wed 8:00-2:00
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 phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MITRA ARYANPOUR/Primary Examiner, Art Unit 3711
/ma/
22 December 2025