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 Figure 2 has missing lead lines for element 500. See 37 CFR 1.84(q). 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
The disclosure is objected to because of the following informalities:
On page 12, line 15, “506b” should read “508a.”
On page 12, line 20, “506b” should read “508a.”
On page 15, line 7, “500” should read “400.”
On page 15, line 10, “500” should read “400.”
On page 21, line 19, “406” should read “400.”
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, 4, 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thompson (US 2012/0021844) in view of Kass (US 3359003).
Regarding claim 1, Thompson discloses a board game assembly (Paragraph 0004, line 2) comprising:
a game board (Paragraph 0007, line 2, “playing surface”) having a side wall (Paragraph 0008, line 5-6) that supports a top surface (Paragraph 0008, line 2), wherein the top surface includes:
a curved portion (Figure 1, element 81);
a first planar portion (see figure below); and
a second planar portion (see figure below), wherein the first planar portion and the second planar portion are positioned opposite sides of the curved portion (as shown in figure below).
Thompson does not disclose a curved portion including a visual grid system.
Furthermore, Kass teaches a curved portion of a game board including a visual grid system. Kass reveals that it is known in the art of board games to provide a visual grid system on a curved portion of a game board. It would have been obvious for one of ordinary skill the art before the effective filing date of the instantly claimed invention to have modified the playing surface of Thompson to incorporate the teachings of Kass to enable a game piece to stand within the perimeter of a corresponding grid square.
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Regarding claim 4, Thompson in view of Kass discloses the board game assembly of claim 1, and while Thompson does not disclose a tower game piece Kass additionally teaches a tower game piece (Figure 11 and Column 2, line 19 “rook”) configured to stand on the visual grid system. It follows that the tower game piece of Kass may be used to modify the game of Thompson in view of Kass to mark a location on the grid during gameplay. It would have been obvious for one of ordinary skill the art before the effective filing date of the instantly claimed invention to have modified the board game of Thompson in view of Kass to incorporate the teachings of Kass to provide a tower game piece to mark locations by standing on the visual grid during gameplay.
Regarding claim 6, Thompson in view of Kass discloses the board game assembly of claim 1, and Thompson discloses a game board formed as a single unitary piece (Paragraph, 0065, line 1-9).
Regarding claim 7, Thompson in view of Kass discloses the board game assembly of claim 1, and Thompson discloses a game board formed from PVC plastic (Paragraph 0053, line 1-2).
Claim(s) 2-3, 5, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thompson (US 2012/0021844) in view of Kass (US 3359003) as applied to claim 1 above, and further in view of Comfort (US 2007/0060012).
Regarding claim 2, Thompson in view of Kass discloses the board game assembly of claim 1, but does not disclose a first game piece configured to stand on the first planar portion, wherein the first game piece includes a ramp configured to facilitate rolling a marble; and a second game piece configured to stand on the second planar portion, wherein the second game piece includes a ramp configured to facilitate rolling a marble.
Furthermore, Comfort teaches a first game piece (Fig 76A and 76B, element 550) configured to stand on the first planar portion, wherein the first game piece includes a ramp (Paragraph 0204, line 13-15) configured to facilitate rolling a marble; and a second game piece (Paragraph 0204, line 17-18) configured to stand on the second planar portion, wherein the second game piece includes a ramp (Paragraph 0204, line 13-15) configured to facilitate rolling a marble. Comfort reveals that it is known in the art of board games to provide a plurality of game pieces including ramps to enable a user to insert a marble into the game piece such that the marble will roll down the ramp and exit the game piece onto the playing surface. It would have been obvious for one of ordinary skill the art before the effective filing date of the instantly claimed invention to have modified the board game of Thompson in view of Kass to incorporate the teachings of Comfort to provide a game piece containing a ramp to enable a user to insert a marble into the game piece such that the marble will roll down the ramp and exit the game piece onto the playing surface during gameplay.
Regarding claim 3, Thompson in view of Kass, further in view of Comfort, discloses the board game assembly of claim 2, and while Thompson in view of Kass does not disclose a first game piece and a second game piece that are moveable along the first planar portion and the second planar portion, Comfort additionally teaches a first game piece and a second game piece that are moveable along the first planar portion and the second planar portion. (Paragraph 0212, line 1-3). It follows that the ramp game piece of Comfort may be used to modify the game of Thompson in view of Kass to enable movable placement of the ramp game piece in a balanced, upright configuration, such that that game piece may stand on its own, in a plurality of locations on the planar surface of the game board, without support from a player. It would have been obvious for one of ordinary skill the art before the effective filing date of the instantly claimed invention to have modified the board game of Thompson in view of Kass to incorporate the teachings of Comfort to provide a game piece containing a ramp capable of being moved and positioned in a balanced, upright configuration in a plurality of locations on the planar surface of the game board during gameplay.
Regarding claim 5, Thompson in view of Kass, further in view of Comfort, discloses the board game assembly of claim 2, and while Thompson in view of Kass does not disclose a marble, Comfort discloses a marble (Paragraph 0002, line 6-8), configured to roll through at least one of the first or second game pieces and over the curved portion of the top surface of the game board (Paragraph 0212, line 9-10). It follows that the marble of Comfort may be used to modify the game of Thompson in view of Kass to enable the gameplay of rolling a marble through at least one of the first or second game pieces and over the top surface of the game board. It would have been obvious for one of ordinary skill the art before the effective filing date of the instantly claimed invention to have modified the board game of Thompson in view of Kass to incorporate the teachings of Comfort to provide a marble capable of being rolled through a game piece and onto the curved surface of the game board during gameplay.
Regarding claim 10, Thompson in view of Kass discloses the board game assembly of claim 1, but does not disclose a curved portion including a least one gutter configured to receive and retain a marble or rolling game piece.
Furthermore, Comfort teaches a game board including a least one gutter configured to receive and retain a marble or rolling game piece (Paragraph 0212, line 10-13). Comfort reveals that it is known in the art of game boards to include at least one gutter configured to receive and retain a marble. Comfort uses this gutter to provide a means of keeping score based on the number and kind of marbles that collect in the various reservoirs. It would have been obvious for one of ordinary skill the art before the effective filing date of the instantly claimed invention to have modified the curved portion of the board game of Thompson in view of Kass to incorporate the teachings of Comfort to include a gutter to receive marbles provide a means of keeping score based on the number and kind of marbles retained in the gutter during gameplay.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thompson (US 2012/0021844) in view of Kass (US 3359003) as applied to claim 4 above, and further in view of Bombino (US 5251905).
Regarding claim 8, Thompson in view of Kass discloses the board game assembly of claim 4, but does not disclose a tower game piece configured to hold and retain a removable flag.
Furthermore, Bombino teaches a game piece (Figure 3, element 50) configured to hold and retain a removable flag (Figure 3, element 51). Bombino reveals that it is known in the art of game boards to include a game piece configured to hold and retain a removable flag to indicate that the game piece has changed status. It would have been obvious for one of ordinary skill the art before the effective filing date of the instantly claimed invention to have modified the tower game piece of Thompson in view of Kass to incorporate the teachings of Bombino to include a removable flag to enable a change in status of the game piece during gameplay.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thompson (US 2012/0021844) in view of Kass (US 3359003) as applied to claim 4 above, and further in view of Rogers, Jr. (US 4261574).
Regarding claim 9, Thompson in view of Kass discloses the board game assembly of claim 1, but does not disclose a die, having a plurality of sides and a number identifier on each of the plurality of sides.
Furthermore, Rogers, Jr. teaches a die (Figure 2, element 37), having a plurality of sides and a number identifier on each of the plurality of sides (Figure 2, elements 38-43). Rogers, Jr. reveals that it is known in the art of board games to use a die with a plurality of sides, and a number identifier on each side, in conjunction with a visual grid system on a playing board to determine the amount of grid spaces a player's piece may move. It would have been obvious for one of ordinary skill the art before the effective filing date of the instantly claimed invention to have modified the board game of Thompson in view of Kass to incorporate the teachings of Rogers, Jr. to include a die to determine the amount of grid spaces a player's piece may move.
Claim(s) 11, 13, 15-17, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thompson (US 2012/0021844) in view of Comfort (US 2007/0060012).
Regarding claim 11, Thompson discloses a board game assembly (Paragraph 0004, line 2) comprising:
a game board (Paragraph 0007, line 2, “playing surface”) having a side wall (Paragraph 0008, line 5-6) that supports a top surface (Paragraph 0008, line 2), wherein the top surface includes:
a curved portion (Figure 1, element 81);
a first planar portion (see figure below); and
a second planar portion (see figure below), wherein the first planar portion and the second planar portion are positioned opposite sides of the curved portion (as shown in figure below).
Thompson does not disclose a first game piece configured to stand on the first planar portion, wherein the first game piece includes a ramp configured to facilitate rolling a marble; and a second game piece configured to stand on the second planar portion, wherein the second game piece includes a ramp configured to facilitate rolling a marble.
Furthermore, Comfort teaches a first game piece (Fig 76A and 76B, element 550) configured to stand on the first planar portion, wherein the first game piece includes a ramp (Paragraph 0204, line 13-15) configured to facilitate rolling a marble; and a second game piece (Paragraph 0204, line 17-18) configured to stand on the second planar portion, wherein the second game piece includes a ramp (Paragraph 0204, line 13-15) configured to facilitate rolling a marble. Comfort reveals that it is known in the art of board games to provide a plurality of game pieces including ramps to enable a user to insert a marble into the game piece such that the marble will roll down the ramp and exit the game piece onto the playing surface. It would have been obvious for one of ordinary skill the art before the effective filing date of the instantly claimed invention to have modified the board game of Thompson to incorporate the teachings of Comfort to provide a game piece containing a ramp to enable a user to insert a marble into the game piece such that the marble will roll down the ramp and exit the game piece onto the playing surface during gameplay.
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Regarding claim 13, Thompson in view of Comfort discloses the board game assembly of claim 11, and while Thompson does not disclose a first game piece and a second game piece that are moveable along the first planar portion and the second planar portion, Comfort additionally teaches a first game piece and a second game piece that are moveable along the first planar portion and the second planar portion. (Paragraph 0212, line 1-3). It follows that the ramp game piece of Comfort may be used to modify the game of Thompson to enable movable placement of the ramp game piece in a balanced, upright configuration, such that that game piece may stand on its own, in a plurality of locations on the planar surface of the game board, without support from a player. It would have been obvious for one of ordinary skill the art before the effective filing date of the instantly claimed invention to have modified the board game of Thompson to incorporate the teachings of Comfort to provide a game piece containing a ramp capable of being moved and positioned in a balanced, upright configuration in a plurality of locations on the planar surface of the game board during gameplay.
Regarding claim 15, Thompson in view of Comfort discloses the board game assembly of claim 11, and while Thompson does not disclose a marble, Comfort additionally teaches a marble (Paragraph 0002, line 6-8), configured to roll through at least one of the first or second game pieces and over the curved portion of the top surface of the game board (Paragraph 0212, line 9-10). It follows that the marble of Comfort may be used to modify the game of Thompson to enable the gameplay of rolling a marble through at least one of the first or second game pieces and over the top surface of the game board. It would have been obvious for one of ordinary skill the art before the effective filing date of the instantly claimed invention to have modified the board game of Thompson to incorporate the teachings of Comfort to provide a marble capable of being rolled through a game piece and onto the curved surface of the game board during gameplay.
Regarding claim 16, Thompson in view of Comfort discloses the board game assembly of claim 11, and Thompson discloses a game board formed as a single unitary piece (Paragraph, 0065, line 1-9).
Regarding claim 17, Thompson in view of Comfort discloses the board game assembly of claim 11, and Thompson discloses a game board formed from PVC plastic (Paragraph 0053, line 1-2).
Regarding claim 20, Thompson in view of Comfort discloses the board game assembly of claim 11, and while Thompson does not disclose a curved portion including a least one gutter, Comfort additionally teaches a game board including a least one gutter configured to receive and retain a marble or rolling game piece (Paragraph 0212, line 10-13). Comfort reveals that it is known in the art of game boards to include at least one gutter configured to receive and retain a marble. Comfort uses this gutter to provide a means of keeping score based on the number and kind of marbles that collect in the various reservoirs. It would have been obvious for one of ordinary skill the art before the effective filing date of the instantly claimed invention to have modified the curved portion of the board game of Thompson in view of Comfort to incorporate the teachings of Comfort to include a gutter to receive marbles provide a means of keeping score based on the number and kind of marbles retained in the gutter during gameplay.
Claim(s) 12 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thompson (US 2012/0021844) in view of Comfort (US 2007/0060012) as applied to claim 11 above, and further in view of Kass (US 3359003).
Regarding claim 12, Thompson in view of Comfort discloses the board game assembly of claim 11, but does not disclose the curved portion of the top surface including a visual grid system.
Furthermore, Kass teaches a curved portion of a game board including a visual grid system. Kass reveals that it is known in the art of board games to provide a visual grid system on a curved portion of a game board. It would have been obvious for one of ordinary skill the art before the effective filing date of the instantly claimed invention to have modified the playing surface of Thompson to incorporate the teachings of Kass to enable a game piece to stand within the perimeter of a corresponding grid square.
Regarding claim 14, Thompson in view of Comfort, further in view of Kass, discloses the board game assembly of claim 12. While Thompson does not disclose a tower game piece Kass additionally teaches a tower game piece (Figure 11 and Column 2, line 19 “rook”) configured to stand on the visual grid system. It follows that the tower game piece of Kass may be used to modify the game of Thompson in view of Comfort and Kass to mark a location on the grid during gameplay. It would have been obvious for one of ordinary skill the art before the effective filing date of the instantly claimed invention to have modified the board game of Thompson in view of Comfort and Kass to incorporate the teachings of Kass to provide a tower game piece to mark locations by standing on the visual grid during gameplay.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thompson (US 2012/0021844) in view of Comfort (US 2007/0060012) and Kass (US 3359003) as applied to claim 14 above, and further in view of Bombino (US 5251905).
Regarding claim 18, Thompson in view of Comfort, further in view of Kass, discloses the board game assembly of claim 14, but does not disclose a tower game piece configured to hold and retain a removable flag.
Furthermore, Bombino teaches a game piece (Figure 3, element 50) configured to hold and retain a removable flag (Figure 3, element 51). Bombino reveals that it is known in the art of game boards to include a game piece configured to hold and retain a removable flag to indicate that the game piece has changed status. It would have been obvious for one of ordinary skill the art before the effective filing date of the instantly claimed invention to have modified the tower game piece of Thompson in view of Comfort and Kass to incorporate the teachings of Bombino to include a removable flag to enable a change in status of the game piece during gameplay.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thompson (US 2012/0021844) in view of Comfort (US 2007/0060012) as applied to claim 15 above, and further in view of Rogers, Jr. (US 4261574).
Regarding claim 19, Thompson in view of Comfort discloses the board game assembly of claim 15, but does not disclose a die, having a plurality of sides and a number identifier on each of the plurality of sides.
Furthermore, Rogers, Jr. teaches a die (Figure 2, element 37), having a plurality of sides and a number identifier on each of the plurality of sides (Figure 2, elements 38-43). Rogers, Jr. reveals that it is known in the art of board games to use a die with a plurality of sides, and a number identifier on each side, in conjunction with a visual grid system on a playing board to determine the amount of grid spaces a player's piece may move. It would have been obvious for one of ordinary skill the art before the effective filing date of the instantly claimed invention to have modified the board game of Thompson in view of Comfort to incorporate the teachings of Rogers, Jr. to include a die to determine the amount of grid spaces a player's piece may move.
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.
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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