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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2007/0164509 A1 (hereinafter, “Hylak”).
Regarding claim 1, Hylak discloses a foosball table comprises a pivot assembly pivotably connecting a distal portion of a player-figure shaft relative to a playing surface of the foosball table so that a proximal portion of the player-figure shaft moves substantially longitudinally relative to the playing surface (Fig. 5, 260 pivot connection).
Regarding claim 2, Hylak further discloses wherein said substantially longitudinal movement is defined by a circular motion of the proximal portion about a z-axis of the pivot assembly (Fig. 5, 260 pivot connection, paragraph 0043 and 0046).
Regarding claim 3, Hylak further discloses wherein the playing surface is a two-dimensional area defined by a longitudinal direction and a lateral direction, and wherein the z-axis defines a z-direction perpendicular to the longitudinal and lateral directions (Fig. 5, paragraph 0042-0043).
Regarding claim 4, Hylak further discloses wherein the longitudinal movement is confined by a longitudinal slot disposed in an exterior panel of the foosball table (Fig. 5, 264 slot).
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.
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.
Claims 5-10 are rejected under 35 U.S.C. 103 as being unpatentable over US 2007/0164509 A1 (hereinafter, “Hylak”) in view of US 5112047 (hereinafter, “Monneret”).
Regarding claim 5, Hylak discloses a foosball table comprises a pivot assembly pivotably connecting a distal portion of a player-figure shaft relative to a playing surface of the foosball table (Fig. 5, 260 pivot connection) so that a proximal portion of the player-figure shaft moves substantially longitudinally relative to the playing surface, wherein said substantially longitudinal movement is defined by a circular motion of the proximal portion about a z-axis of the pivot assembly (Fig. 5, 260 pivot connection, paragraph 0043), wherein the playing surface is a two-dimensional area defined by a longitudinal direction and a lateral direction, and wherein the z-axis defines a z-direction perpendicular to the longitudinal and lateral directions (Fig. 5, paragraph 0042-0043), wherein the longitudinal movement is confined by a longitudinal slot (Fig. 5, 264 slot) disposed in an exterior panel of the foosball table.
Hylak does not disclose in this embodiment that the pivot assembly is contained in an anteroom adjacent to the playing surface. Monneret discloses a similar anteroom (Fig. 2, 5’) that “the bars never project outside the wall supporting them since they are always housed inside this wall” (Col. 1, Lines 60-40). Thus, it would be obvious to a person of ordinary skill in the art at the time of filing to contain the distal portion of a foosball shaft (including a pivot residing at the distal end of a shaft) within walls to prevent “axial displacement of a rod in the direction of its free end by one of the participants in the game risked injuring the opponent located on the side of this free end” (Col. 1, lines 31-27).
Regarding claim 6, the combined Hylak and Monneret disclose that the anteroom is defined by the exterior panel (Monneret: Fig. 2, 5) and an interior sidewall (Monneret: Fig. 2, 5’) defining a longitudinal edge of the playing surface (Monneret: Fig. 1, 3 base).
Regarding claim 7, the combined Hylak and Monneret disclose each player figure on player-figure shaft is movable rotatable (Hylak: Paragraph 0049) and linearly (Hylak: Paragraph 0048) about a lateral axis and pivotable about the z-axis (Hylak: Paragraph 0048).
Regarding claim 8, the combined Hylak and Monneret disclose that the longitudinal slot extends in a longitudinal direction and that “slots 264 may be of varying length along the longitudinal axis L of game table 220” (Hylak: Paragraph 0045), which could encompass at least twice a distance of a diameter of the player-figure shaft. Additionally, Fig. 5 of Hylak makes it obvious that the shown embodiment’s slots are at least twice the diameter of the shaft.
Regarding claim 9, the combined Hylak and Monneret disclose that a distal end of the player-figure shaft ends prior to the exterior panel (Monneret: Fig.2). Again, Monneret recites “the bars never project outside the wall supporting them since they are always housed inside this wall” (Col. 1, Lines 60-40), with the wall being equivalent to the exterior panel.
Regarding claim 10, the combined Hylak and Monneret disclose each player figure of the player-figure shaft is linearly adjustable along a length of the player-figure shaft. Hylak recites in paragraph 0049, that “players may be optionally be exchangeable or fixed at pre-selected positions” with a rod that passes through a hole (Hylak: Fig. 6, 257). The player figure inherently is linearly adjustable along a length of the shaft when the rod is moved in a linear/reciprocating manner which is the conventional manner how a player figure moves in foosball.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMANTHA M BERRY whose telephone number is (571)272-0925. The examiner can normally be reached M-F: 8-5.
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/S.M.B./Examiner, Art Unit 3711 /EUGENE L KIM/Supervisory Patent Examiner, Art Unit 3711