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 .
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/13/2026 has been entered. Claims 25, 28–29, 33–34 and 36 are pending.
Claim Objections
Claim 25 is objected to because of the following informalities:
Claim 25 (page 3, line 10), “the cross-bar’s” should be inserted after “wherein” so that it is clear that the spannable distances refer to the six telescoping members of the cross-bar.
Appropriate correction is required.
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 25, 28–29, 33–34 and 36 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.
Claim 25, it is not clear if the claim actually requires any elements of the claimed kit. The claim introduces a kit of parts (“for” an assembly), yet the claim describes the desired assembly rather than the actual elements of the kit of parts. The claim would be clearer if the preamble stated “wherein the kit of parts includes:”
Claim 25 (page 2, line 11) and claim 33, it is not clear which connector locations are being referenced – the top corner connector locations or the further connector locations.
Claim 33, it is not clear what structure is being claimed. The claim is not a method claim so it should recite structure rather than method steps. The current language that a bungee cord and carabiner connects X to Y appears to represent a method of connecting rather than clearly defining structure. It is not clear if “a self-supporting moveable football goal” is a required structure included with the claimed kit of parts or not. Further, it appears that the claimed cross-bar, uprights, support members, etc. set forth in claim 25 can be assembled into a football goal, yet it is not clear if the goal mentioned in the claim is a different goal, or somehow represents these parts.
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, 28–29, 34 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over US 5,080,375 (Moosavi) in view of TW M496509 (Lee) and US 2019/0160356 (Lalaoua).
25. A kit of parts for an adjustable moveable self-supporting football goal assembly, wherein the assembly includes: 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]
at least two further 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 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;
“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).
- at least one telescopic cross-bar comprising six telescoping members; - 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.
Moosavi teaches telescoping crossbar supports to enable goal widths of various sizes. Moosavi teaches three telescoping members rather than the claimed six telescoping members. However, given the modular, portable, telescoping and assemblable nature of the variable size goal described by Moosavi, it would have been obvious before the effective filing date of the claimed invention to have provide any number of telescoping members in order to allow a wide variety of goal sizes. One of ordinary skill would have recognized that more than three members would have provided a more flexible variable-width goal solution. Likewise they would have recognized that six members would increase the portability because the length of the individual six members could be made shorter than the member lengths for a kit of fewer members.
- two upright top connector parts; - 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.
wherein six telescoping members can 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 said intermediate connector locations have indicia representing the actual span of said goal sizes as measured from the first connector location.
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 been obvious and would have provided a predictable way to train a range of player sizes and skills.
28. The kit of parts as claimed in claim 25 wherein a flexi-strip cross bar is provided 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 kit of parts as claimed in claim 25 wherein the top corner connector locations or the further 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).
34. The kit of parts as claimed in claim 25 for a moveable self-supporting football goal assembly 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.
36. The kit of parts 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 33 is rejected under 35 U.S.C. 103 as being unpatentable over Moosavi, Lee and Lalaoua in view of US 5,664,784 (Redlich).
33. The kit of parts as claimed in claim 25 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:
“In terms of adult sizes, Moosavi makes provides no teaching in terms of how, with only three top members, it can span an unspecified distance to equate to an adult player size goal. Moosavi is at best a speculative piece of prior art in relation to the present invention. As mentioned, Moosavi fails to specify the relative size difference between juvenile and adult goal sizes.” (4/13/2026 Remarks, p. 8).
“Moosavi therefore fails to contemplate the complexity of how to set up 6 telescoping members, rather than the three telescoping members of Moosavi” (4/13/2026 Remarks, p. 8).
Examiner disagrees that this shows error with the rejection. Moosavi teaches in its figures (e.g. FIG. 2) how a telescoping three member width can accomplish the intent to provide larger and smaller goals. Coupled with the teachings that specify a desire to provide a variable size goal that can be used for adults and children, one of ordinary skill would understand how to accomplish the distance/sizing. Further, applicant admits to the known official sizes of goals for various countries (i.e. WO spec, page 17, Example 2) which would have also been within the knowledge of one of ordinary skill.
Applicant fails to identify the specific set up complexity for six members that cannot be comprehended, understood and/or overcome by the knowledge of one of ordinary skill, common sense and the specific depicted examples of a three member telescoping system. One of ordinary skill could divide the desired goal width by six in a manner similar to dividing the desired width by three.
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
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.
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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
Prosecution Insights