OFFICE ACTION
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.
Claims 27, 30–31 and 34 are 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 pre-AIA the applicant regards as the invention.
Claims 27 (two appearances) and 30–31, are of unclear claim scope given the “officially”/”official” football goal sizes language. First, it is not clear what or who is the arbiter of such sizes; it is not clear when another product might infringe on this claim. Second, a well-recognized “official” entity might change their definition or classification of a particular goal size. Rather than claiming a particular structure (i.e. dimension(s)) of a net, this claim attempts to define the net’s structure according to policy which may change over time.
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.
Claims 25–30, 32 and 34–36 are rejected under 35 U.S.C. 103 as being unpatentable over US 5,080,375 (Moosavi) alone or alternatively over Moosavi in view of TW M496509 (Lee).
25. An adjustable football net which includes first and second connector locations on two top corners thereof herein collectively referred to as top corner connector locations for connecting the net to the top of two opposed goal posts in a full-size configuration of the net, or where only the first connector location is connected one goal post for smaller goal sizes and wherein the net further includes:
“A soccer goal assembly adjustable in size and shape to accommodate playing areas of limited to full sizes, indoors or outdoors, full or partial teams, and children or adult players. The goal assembly has a framework covered by a ball stopping net. Individual frame members can be selected or assembled in selective lengths for the desired goal sizes” (Moosavi abstract).
“the netting is secured to the frame by threading appropriate frame members through its edge intersticies. The netting is preferably of a single piece large enough to cover the largest goal provided by fully extended frame members. The netting may then be accordioned along shorter frame members to accommodate smaller goals” (Moosavi 2:15–21).
The net’s intersticies represent connector locations where they attach/connect to the support frame, including at least at the top corners.
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[Moosavi FIG. 1]
a flexi-strip cross-bar;
Either of 1) the flexible top looped portion of the net or 2) the telescoping cross bar can broadly meet the flexi-strip cross bar limitation, given that both are flexible and can be adjusted to different cross bar widths.
at least two further intermediate connector locations (positioned intermediate the two top corner connector locations for selective attachment to a goal post);
The net’s intersticies represent connector locations where they attach/connect to the support frame, including locations intermediate of the top corners.
wherein said intermediate connector locations have indicia representing the actual span of at least two different goal sizes as measured from the first connector location; and
Moosavi does not describe the presence of indicia, however indicia such as that claimed represents non-functional descriptive material which does not patentably distinguish the claims from the prior art of Moosavi.
Nonetheless, Lee also teaches a sports net between two vertical posts which is adjustable in size and which includes a label in conjunction with the size adjustment of the net apparatus:
“Depending on the training ball being performed, the user can adjust the spacing between the two posts 1 to meet the needs of use” (Lee p. 3).
“Referring to FIG. 5, when the marking cord 3 is coupled to the label 4, the user can adjust the length adjusting portion of the label 4 or change the label 4 to receive the screw 112. Abutting portion, such that the marking cord 3 coupled to the label 4 is close to or away from the upper edge 21 of the net 2 by changing the horizontal position to change the size of the gap G; or, when the marking rope 3 When the net column 1 is coupled, the user can also change the horizontal position of the net string 1 by adjusting the horizontal position of the wire string 1 to change the size of the gap G” (Lee p. 4).
It would have been obvious before the effective filing date of the claimed invention to have provided indicia representing the adjustment sizes of Moosavi. Doing so would have communicated to the user the possible sizes offered by Moosavi, including official or unofficial sizes as a matter of obvious design choice.
wherein the intermediate connector locations are specifically positioned on the net to indicate various smaller goal width sizes and to, in use, function as a set up tool for assembling an adjustable football frame to achieve a desired goal size.
“A soccer goal assembly adjustable in size and shape to accommodate playing areas of limited to full sizes, indoors or outdoors, full or partial teams, and children or adult players. The goal assembly has a framework covered by a ball stopping net. Individual frame members can be selected or assembled in selective lengths for the desired goal sizes” (Moosavi abstract).
“the netting is secured to the frame by threading appropriate frame members through its edge intersticies. The netting is preferably of a single piece large enough to cover the largest goal provided by fully extended frame members. The netting may then be accordioned along shorter frame members to accommodate smaller goals” (Moosavi 2:15–21).
26. The adjustable football net as claimed in claim 25 wherein the intermediate connector locations are spaced apart relative to one another and enable the net width to be adjusted between a maximum span of around 5m wide and 1.5m wide
Moosavi describes that the net and goal assembly is adjustable in order to accommodate “children or adult players” (Moosavi Abstract) and which meets the need “for a soccer goal which can be readily disassembled for transport and storage, and which also has a large range of selective sizes and shapes” (1:38–41). It would have been obvious before the effective filing date of the claimed invention to have offered the size-adjustable goal assembly for a large range of (official or unofficial) sizes so as to accommodate youth and adult players. Offering the size(s) claimed would have obvious and would have provided a predictable way to train a range of player sizes and skills.
27. An adjustable football net which can be adjusted to substantially correspond to officially recognised football goal sizes,
See claims 25 and 26 and the obviousness for adjusting to various sizes.
wherein the net includes first and second connector locations on the top front edge thereof, wherein at least the first connector location is positioned at, or near, a front top corner of the net, and wherein further intermediate connector locations are spaced apart from one another, a specified distance which substantially corresponds to: an official football age related goal size; providing the net with the ability to include adjustments so as to span distances which include those selected from: 5m, 4m, 3m, 2m, 1.8m and 1.5m or a combination of at least two of these distances; and/or 16 feet, 12 feet, 8 feet, and 6 feet or a combination of at least two of these distances
See FIG. 1 of Moosavi and the connector locations along the top front edge as well as near the corners. See claim 26 and the obviousness of various sizes.
wherein said intermediate connector locations have indicia representing the actual span of said goal sizes as measured from the first connector location.
See claim 25 and the obviousness for providing indicia with the adjustable goal assembly of Moosavi.
28. The adjustable football net as claimed in claim 25 wherein the flex-strip cross bar is in the form of a fabric cross-bar.
The netting of Moosavi represents a fabric cross bar as netting is typically made of fabric/textile. The top of the netting can be stretched/spread horizontally in the form of a cross bar. See FIG. 1 of Moosavi.
29. The adjustable football net as claimed in claim 25 wherein top corner connector locations or intermediate connector locations are in the form of loops.
“net 13 is installed upon frame 11 by threading the frame members through appropriately located openings in net 13. (FIG. 8)” (Moosavi 4:1–3).
30. An adjustable moveable self-supporting collapsible football goal assembly which includes: a fabric cross-bar
The netting of Moosavi represents a fabric cross bar as netting is typically made of fabric/textile. The top of the netting can be stretched/spread horizontally in the form of a cross bar. See FIG. 1 of Moosavi.
which includes first and second connector locations on a top front edge thereof, wherein at least the first connector location is positioned at, or near, a front top corner of the net, and wherein further intermediate connector locations are spaced apart from one another, a specified distance which substantially corresponds to: an official football age-related goal size; providing the net with the ability to include adjustments so as to span distances which include those selected from: 5m, 4m, 3m, 2m, 1.8m and 1.5m or a combination of at least two of these distances; and/or 16 feet, 12 feet, 8 feet, and 6 feet or a combination of at least two of these distances,
See FIG. 1 of Moosavi and the connector locations along the top front edge as well as near the corners. See claim 26 and the obviousness of various sizes.
wherein said intermediate connector locations have indicia representing the actual span of said goal sizes as measured from the first connector location;
See claim 25 and the obviousness for providing indicia with the adjustable goal assembly of Moosavi.
wherein the adjustable moveable self-supporting collapsible goal assembly also includes a pair of telescopic upright posts which connect to the first connector location and either one of the intermediate connector locations or the second connector location depending on the required span of the goal.
“Each individual frame member preferably comprises a pair of larger tubular end sections, a smaller center section telescoping into each larger end section, and means securing the three sections together in selective lengths as required by selected goal sizes and shapes” (Moosavi 2:9–14).
See also FIGs. 1 and 2 of Moosavi.
32. The adjustable football net as claimed in claim 29 wherein additional loops are also on side edges of the net to provide for a height adjustable net.
See FIG 1 of Moosavi.
34. The kit of parts for a moveable self-supporting football goal assembly as claimed in claim 31; wherein – the adjustable two telescopic uprights can have the height set at substantially 1m to substantially 2m and/or substantially 4 feet to 6 feet.
“Each individual frame member preferably comprises a pair of larger tubular end sections, a smaller center section telescoping into each larger end section, and means securing the three sections together in selective lengths as required by selected goal sizes and shapes” (Moosavi 2:9–14).
See claim 26 and the obviousness for adjusting to various sizes which reasoning would also apply to the claimed heights.
35. An adjustable football net which includes a flexi-strip cross bar on the top front edge thereof wherein the flexi-strip is adapted so the width of the goal can be adjusted.
See claim 25.
36. The adjustable football net as claimed in claim 25 wherein the adjustable net has a main portion comprising a top section, back section, and first side section all integrally connected, and a separate second side section which in use is detachably attached to the main portion once the width of the goal has been determined.
See claim 25.
Regarding the “adjustable net” and the “separate second side section”, Moosavi’s net can be merely designated, referenced or labelled with any number of “portions” or “sections”. Such a net can also be designated, referenced or labelled with a “second side section” which is capable of being detachably attached to a main portion of the frame.
Further, Moosavi teaches a set of goal assemblies (see claims 12). The net for the first goal meets the claimed adjustable net and the net for the second goal meets the separate second side section.
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Moosavi in view of Lee and US 2019/0160356 (Lalaoua).
31. A kit of parts for an adjustable moveable self-supporting football goal assembly wherein the assembly includes: an adjustable football net wherein the net includes first and second connector locations on a top front edge thereof, wherein at least the first connector location is positioned at, or near, a front top comer of the net, and wherein further intermediate connector locations are spaced apart from one another a specified distance which substantially corresponds to: - an official football age-related goal size; providing the net with the ability to include adjustments so as to span distances which include those selected from: - 5m, 4m, 3m, 2m, 1.8m and 1.5m or a combination of at least two of these distances; and/or - 16 feet, 12 feet, 8 feet, and 6 feet or a combination of at least two of these distances wherein
See FIG. 1 of Moosavi and the connector locations along the top front edge as well as near the corners. See claim 26 and the obviousness of various sizes.
said intermediate connector locations have indicia representing the actual span of said goal sizes as measured from the first connector location;
See claim 25 and the obviousness for providing indicia with the adjustable goal assembly of Moosavi.
- at least one telescopic cross-bar; - two adjustable telescopic uprights;
“Each individual frame member preferably comprises a pair of larger tubular end sections, a smaller center section telescoping into each larger end section, and means securing the three sections together in selective lengths as required by selected goal sizes and shapes” (Moosavi 2:9–14).
See also FIGs. 1 and 2 of Moosavi.
- two upright top connector part - two top support members; - two elbow joints; - two telescopic rear net support posts; - at least one telescopic ground-cross member; - two 3-way base connector parts; and - two telescopic ground support members.
Moosavi has these elements except for those required of a goal assembly having a planar, horizontal, top netting. In other words, Moosavi’s side netting frame is a triangular shape rather than a rectangular one. Moosavi does describe not only various sizes, but also shapes (e.g. at 1:53–55).
Lalaoua also provides a football goal which includes the well-known shape including rectangular side netting sections mounted to a rectangular side frame. It would have been obvious before the effective filing date of the claimed invention to have provide the frame elements needed to construct such a goal shape. Such a goal would provide more space inside the goal which would add to the safety of the game and help to avoid becoming entangled in the rear netting.
Claim 33 is rejected under 35 U.S.C. 103 as being unpatentable over Moosavi in view of Lee and US 5,664,784 (Redlich).
33. The adjustable football net as claimed in claim 29 wherein a bungee cord and carabiner arrangement connects the connector locations on the net to connection element receiving portions on a self-supporting moveable football goal.
Moosavi does not employ a bungee cord and carabiner to attach the net. Redlich however also teaches a portable soccer goal with a net. Redlich describes that the net may be attached to the frame structure using a snap hook (see FIG. 3) or a bungee cord
“The snap hook 30 is a plastic single unit having a J-shaped portion 36 and a lock member portion 38. The lock member portion is moved away from the J-shaped portion so that the periphery 20 of the net 10 and the looped portion 34 of the eye bolt 28 can slide onto and be removably attached by the snap hook 30” (Redlich 3:25–31).
“The shock cord hook 58 has an elastic bungee cord portion 60 and a hook portion 62. The bungee cord portion 60 removably loops around the periphery 20 of the net 10 at the bottom side and the hook portion 62 removably clips onto and engages the anchor pin 56” (Redlich 3:63–67).
It would have been obvious before the effective filing date of the claimed invention to have mounted or secured the net of Moosavi to its frame with any known fasteners including either or both of the fasteners taught by Redlich. Providing such fasteners would provide a predictable way of securing the net to the frame of Moosavi.
Response to Arguments
35 USC § 103
Applicant states:
“The net in Moosavi cannot be used to help determine the length to which a goal frame assembly should be extended to meet a desired goal size which is problematic when there are multiple telescopic members (e.g. six or more telescopic horizontal cross members of which half telescope in one direction (e.g. to the right) and half telescope in the other direction (e.g. to the left)) in a cross-bar” (2/11/2026 Remarks, p. 9).
“Moosavi fails to contemplate such a complicated telescoping arrangement for the crossbar” (2/11/2026 Remarks, p. 9).
“Moosavi only has 1 horizontal telescopic member” (2/11/2026 Remarks, p. 10).
“Moosavi fails to teach or suggest how to solve the problem of how to devise a goal assembly which can expand to 5m yet at the same time fit into a 92 litre bag” (2/11/2026 Remarks, p. 10).
Examiner disagrees that this shows error(s) in the asserted rejection(s). Applicant argues that Moosavi cannot be “used to help determine the length…”. These claims are apparatus claims setting forth structure and each structural element in the claims is addressed in the rejections. Applicant fails to indicate which structural elements/claim language is not met by the applied art.
Applicant further argues features that are not required by the claims such as “complicated” or six or more telescoping horizontal cross members. Lastly, the applied art need not necessarily solve an identified problem if all of the claimed elements are present in the asserted art or proposed combination.
Applicant states:
“Applicant submits that the Examiner has applied hindsight reasoning, using the invention as a roadmap to find the various isolated components, and as such discounting the value of combining the various features as now recited” (2/11/2026 Remarks, p. 14).
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
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 Jeffrey D Carlson whose telephone number is (571)272-6716. The examiner can normally be reached Mon-Fri 7:30 am to 5:00 pm, off 1st Fri.
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, Michael Fuelling can be reached at (571) 270-1367. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEFFREY D CARLSON/Primary Examiner, Art Unit 3992
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