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 .
Drawings
The drawings are objected to because 37 CFR 1.84(h)(2) requires the enlarged view to be labeled separately or properly. Figure 5 should be labeled Figure 5A and 5B. REMINDER: Specification may require revision to correspond to drawing changes. 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
Applicant is reminded of the proper content of an abstract of the disclosure. A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art. If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length. See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
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 1-7, 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schwarz (9,757,636).
Claim 1, Schwarz discloses a baseball batting training assembly for training proper swing mechanics of a baseball swing, said assembly comprising:
a primary rail (combination of base tubular member 16 and pole 20) being positionable on a horizontal support surface thereby facilitating a user to stand adjacent to said primary rail;
a rear leg rail (rear stride bar 64) being attachable to said primary rail thereby facilitating the user to position their rear leg against said rear leg rail when the user stands adjacent to said primary rail wherein said rear leg rail is configured to train proper placement of the user’s rear leg while swinging a baseball bat;
a front leg rail (front foot stride bar 54) being attachable to said primary rail thereby facilitating the user to position their front leg against said front leg rail when the user stands adjacent to said primary rail wherein said front leg rail is configured to train proper placement of the user’s front leg while swinging a baseball bat;
a leg box stride bracket (front tubular member 18) having a first portion slidably engaging a second portion (lateral bar 70), said leg box stride bracket being attachable to said primary rail in lieu of said front leg rail thereby facilitating the user to position their front leg against said first portion of said leg box stride bracket when said leg box stride bracket is attached to said primary rail; and
a leg load hover box (combination of rear tubular member 14 and triangular shaped rigid pad 40) being attachable to said primary rail in lieu of each of said front leg rail and said leg box stride bracket, said leg load hover box extending upwardly from said primary rail thereby requiring the user to step over said leg load hover box while swinging the baseball bat (figures 1, 2, 4, 7, 8 show the various tubular members can be rearranged).
Claim 2, Schwarz shows a plurality of mounting brackets (triangular shaped corner piece 30, cylindrical sleeve 50, and second cylindrical sleeve 60, triangular shaped rigid pad 40 as shown in figure 3) each of said mounting brackets including a central panel (upper segment) extending between a pair of outward panels (left and right side segments), each of said outward panels being spaced apart from each other and being perpendicularly oriented with said central panel such that each of said mounting brackets has a U-shape defining a mounting space between said outward panels, each of said mounting brackets being positionable on said primary rail such that said central panel rests on a top side of said primary rail having said primary rail being positioned in said mounting space (figure 5 shows the central panel of 50 and 60 rest on the primary rail).
Claim 3, Schwarz shows said primary rail (combination of base tubular member 16 and pole 20) has a first end, a second end and an outer surface extending between said first end and said second end, said outer surface having a top side, a bottom side, a front side and a back side (figure 5); and said plurality of mounting brackets includes a first mounting bracket, a respective one of said outward panels of said first mounting bracket being coupled to and lying flat against said secondary end of said rear leg rail (64).
Claim 4, Schwarz shows said rear leg rail (64) is positionable at a selected location along said primary rail thereby facilitating said rear leg rail to accommodate a variety of sizes of users, said rear leg rail being perpendicularly oriented with said primary rail when said rear leg rail is attached to said primary rail, said rear leg rail having a primary end and a secondary end, said primary end being open (figures 1, 7, 8); and said plurality of mounting brackets includes a first mounting bracket (50) and a second mounting bracket (60), a respective one of said outward panels of said second mounting bracket being coupled to and lying flat against said secondary end of said front leg rail (54; figures 1 and 5).
Claim 5, Schwarz shows said front leg rail (54) is positionable at a selected location along said primary rail thereby facilitating said front leg rail to accommodate a variety of sizes of users, said front leg rail being perpendicularly oriented with said primary rail when said front leg rail is attached to said primary rail, said front leg rail having a primary end and a secondary end, said primary end of said front leg rail being open (figures 1, 7 and 8); and said plurality of mounting brackets includes a first mounting bracket (50), a second mounting bracket (60) and a third mounting bracket (72), a respective one of said outward panels of said third mounting bracket being coupled to and lying flat against said second end of said first portion of said leg box stride bracket (70; figures 1, 7, 8).
Claim 6, Schwarz shows said second portion of said leg box stride bracket (18) extends behind the user’s foot when said leg box stride bracket is attached to said primary rail to inhibit the user from moving their front leg rearwardly while swinging the baseball bat (figure 7)
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 7, Schwarz shows said first portion of said leg box stride bracket (70) has a first end and a second end, said first end being open, said second portion having a primary section (18) forming an angle with a secondary section (70; figure 1), said first end of said first portion insertably receiving said primary section such that said secondary section forms a perpendicular angle with said first portion, said secondary section being spaceable a selected distance from said first portion to accommodate a variety of sizes of users; and
said plurality of mounting brackets includes a first mounting bracket (50), a second mounting bracket (60), a third mounting bracket (72) and a fourth mounting bracket (30 or 40), a respective one of said outward panels of said fourth mounting bracket being coupled to and lying flat against said first end of said lower member of said leg load hover box (14/40).
Claim 9, Schwarz shows said leg load hover box (14/40) includes a lower member (14) having a first end; and
said plurality of mounting brackets includes a first mounting bracket (50), a second mounting bracket (60), a third mounting bracket (72) and a fourth mounting bracket (30 or 40), a respective one of said outward panels of said fourth mounting bracket being coupled to and lying flat against said first end of said lower member of said leg load hover box (14).
Claim Rejections - 35 USC § 103
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 8 are rejected under 35 U.S.C. 103 as being unpatentable over Schwarz (9,757,636).
Claim 8, Schwarz shows said leg load hover box (14/40) comprises: a lower member (14) having a first end, a second end and a top surface (40) extending between said first end and said second end of said lower member. Schwarz shows the leg load hover box is formed in one piece (40), where a pair of end members extend upwardly, extending perpendicularly oriental with the central member, said distal end of each of said tubes insertably receiving a respective one of said end members such that said central member is spaced an adjustable distance upwardly from said lower member. Schwarz discloses the claimed device with the exception of the leg load hover box being formed from a plurality of segments i.e. a pair of tubes, each of said tubes being coupled to and extending upwardly from said top surface of said lower member, each of said tubes being positioned adjacent to a respective one of said first end and said second end of said lower member, each of said tubes having a distal end with respect to said top surface, said distal end of each of said tubes being open; and a top bracket having a central member extending between a pair of end members, each of said end members being perpendicularly oriented with said central member, said distal end of each of said tubes insertably receiving a respective one of said end members such that said central member is spaced an adjustable distance upwardly from said lower member.
It is noted that the particular structure of the leg load hover box i.e. formed of multiple sections has been given no criticality by the applicant. Lacking any criticality, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have made Schwarz’ leg load hover box from multiple sections, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961)
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Schwarz (9,757,636) in view of Tetreault (4,664,375).
Claim 10, Schwarz discloses the claimed device with the exception of a bracket having a plurality of screws, each of said screws extending through said central panel of a respective one of said mounting brackets, each of said screws compressing against a respective one of said rear leg rail or said front leg rail or said leg box stride bracket or said lower member for retaining said respective mounting bracket on said respective rear leg rail or said front leg rail or said leg box stride bracket or said lower member. However, as disclosed by Tetreault it is known in the art to provide brackets with screws (clamp 49 and screw 50 or alternatively claim p 32 and screw 35). It would have been obvious to one of ordinary skill in the art to have provided such a bracket for Schwarz’ device given that Tetreault teaches it is advantageous to provide a foot stride bar which is adjustably affixed through clamp/screw to a second clamp member.
Claim 11, note the rejection of claims 1-10.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Greene (7,775,914).
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/
19 February 2026