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 .
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/12/26 has been entered.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the tabletop having both circular & rectangular shapes, as well as a board game and a second centered aperture (cl. 21) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
Claim Rejections - 35 USC § 112
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 21 is 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 21, the preamble of the claim(s) recites “An interchangeable play system”, but the body of the claim(s) recites “the second end of the bracket is attached to a vertical or horizontal surface”. Hence, it is unclear whether the applicant is claiming a interchangeable play system alone, or a combination comprising an interchangeable play system and a vertical or horizontal surface. Clarification is required. For the purposes of examination, the examiner is considering the interchangeable play system as the claimed invention, and reading the above limitation to mean “the second end of the bracket [can be] attached to a vertical or horizontal surface”.
Regarding claim 21, the meaning of “wherein the second end of the bracket may be attached to another vertical or horizontal surface” (emphasis added). Given the inclusion of “may” in the above limitation, it is unclear whether the claimed “second end of the bracket” is, or is not, “attached to another vertical or horizontal surface”. Clarification is required. For the purposes of examination, the examiner is considering the above limitation to mean “wherein the second end of the bracket [can] be attached to another vertical or horizontal surface”.
Claim Rejections - 35 USC § 103
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Plouffe (20190357689) in view of Winter (20050001380), Rivera (6189458), Bressler (6412738), & Belli (6336620).
Plouffe teaches an interchangeable play system, comprising: a tabletop (102, 304, 306) having a planar shape with a top surface; wherein the tabletop has a rectangular shape (114); wherein the tabletop includes an aperture (126) disposed on the top surface of the tabletop; wherein the tabletop is made of a solid plastic material (par. 32); a bracket (104, 108, 110) having a first end (at 108), a second end (at 122), a horizontal portion (104a, 104c, & horizontal part of 110), and a vertical portion (104b, 108, & vertical part of 110); wherein the bracket includes a plurality of corresponding apertures (i.e., in 104a or 104c - implied by par. 35) disposed on the horizontal portion (104a, 104c, & horizontal portion of 110) of the bracket, wherein the corresponding apertures include a spring-loaded peg (122) that extends through one of the corresponding apertures to secure a telescoping length of the bracket (par. 35); wherein the horizontal portion (104a, 104c, & horizontal portion of 110) of the bracket extends horizontally outward & a vertical portion (104b, 108, & vertical part of 110) of the bracket that extends vertically outward (Fig. 2a); the first end of the bracket is attached to a bottom portion of the tabletop (Fig. 1a-b); the second end of the bracket can be attached to a vertical or horizontal surface (Fig. 2a); wherein the second end (at 122) of the bracket can be attached to a pool wall (e.g., via insertion into an aperture in a pool wall, or connection to an appropriately-shaped bracket attached to the pool wall); wherein the second end (at 122) of the bracket can be attached to a pool floor (e.g., via insertion into an aperture in a pool floor, or connection to an appropriately-shaped bracket attached to the pool floor); wherein the second end of the bracket can be attached to another vertical or horizontal surface (Fig. 2a); wherein the bracket (104, 108, 110) is a single horizontal J-shape tube (Fig. 2a); wherein the bracket is made of metal (i.e., aluminum - see par. 8, 31, 33); wherein the interchangeable play system is configured for use within a swimming pool or other body of water (e.g., via attachment to an aperture or appropriately-shaped bracket in a swimming pool or other body of water. Plouffe further teaches support means (106, 202, 204, 206, & stadium in Fig. 1a) supporting the second end of the bracket. Plouffe fail(s) to teach a tabletop having a circular shape; two pairs of apertures; a board game; a second centered aperture; and a wall-mountable interchangeable connector with a conical shape.
However, altering the shape of a component has been held to involve only routine skill in the art (MPEP 2144.04). It would have been an obvious design consideration to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system of Plouffe, with a reasonable expectation of success, by reshaping the tabletop to have a circular shape, depending on the desired needs of the person constructing the system (e.g., intended use of the system, aesthetic considerations, compactness, ease of manufacture, etc.).
Additionally, Winter teaches the inclusion, on a tabletop (12), of two pairs of apertures (36a-d) disposed on a top surface of the tabletop that are adapted to receive and contain first & second pluralities of beverage containers (Fig. 1). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to add three more apertures, as taught by Winter, to the tabletop of Plouffe, with a reasonable expectation of success, in order to provide additional storage capacity for beverages.
Additionally, Winter further teaches the inclusion, on a tabletop (12), of a board game (28) disposed between the pairs of apertures (36a-d) disposed on the top surface of the tabletop, wherein the board game is a chess board game (par. 55). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to add a board game, as taught by Winter, to the tabletop of Plouffe as modified, with a reasonable expectation of success, in order to facilitate user entertainment (as suggested by Winter).
Additionally, Rivera teaches the inclusion, on a tabletop (12), of a second centered aperture (20) adapted to receive an umbrella stem (52) of an umbrella (50). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to add a second centered aperture, as taught by Rivera, to the tabletop of Plouffe as modified, with a reasonable expectation of success, in order to allow the addition of an umbrella, thereby providing a user with shade (as suggested by Rivera). Hence, Plouffe as modified would teach a system wherein an umbrella (as with 50 of Rivera) can be supported above (as in Fig. 1 of Rivera) the tabletop (102, 304, 306 of Plouffe; 28 & 36a-d of Winter; and 20 of Rivera) while the tabletop is positioned within the body of water.
Additionally, Bressler teaches configuring a bracket (131 - see Figs. 1 & 7) telescopes in both horizontal (col. 5, line 65 to col. 6, line 7) and vertical (col. 5, lines 30-60) directions. It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to configure the bracket of Plouffe to telescope both horizontally & vertically, as taught by Bressler, with a reasonable expectation of success, in order to allow a user to adjust the location of the tabletop to allow the user to maneuver the tabletop to a comfortable position (as suggested by col. 1, lines 31-32 of Bressler & par. 39 of Plouffe).
Additionally, Belli teaches a wall-mountable interchangeable connector (65 - see Figs. 12-14) that includes a plurality of apertures (100) disposed on the interchangeable connector to accommodate each of a plurality of fasteners to secure the interchangeable connector to the vertical surface or the horizontal surface (implied by Figs. 12-14 & col. 4, lines 49-51), wherein the fasteners are a plurality of retractable pins (note that the apertures (100) of Belli would obviously be capable of accommodating such pins), wherein the interchangeable connector has a conical shape (Figs. 12 & 14). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to substitute an interchangeable connector, as taught by Belli, for the support means of Plouffe, with a reasonable expectation of success, in order to allow the system to be mounted to vertical surfaces, such as a wall, a deck rail, or a post (as suggested by Fig. 12 of Belli). Hence, Plouffe as modified would teach an interchangeable connector (65 of Belli) that enables a pivotal adjustment (i.e., rotation about axis of 104a of Plouffe) of the bracket (104, 108, 110 of Plouffe, as modified) and the tabletop (102, 304, 306 of Plouffe; 28 & 36a-d of Winter; and 20 of Rivera).
Additionally, although Plouffe also teaches a cup (302 in Figs. 3c & 3g) and a cell phone (Fig. 3g), mere omission of parts has been held to involve only routine skill in the art (MPEP 2144.04). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to omit the cup and cell phone of Plouffe as modified, in order to reduce the cost & weight of the system.
Response to Arguments
Applicant's arguments filed 2/12/26 have been fully considered but they are not persuasive. Said arguments have been addressed in the prior art rejection above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW ING whose telephone number is (571)272-6536. The examiner can normally be reached M-F 8:30 a.m. - 5 p.m.. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Troy can be reached at (571) 270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
/MATTHEW W ING/Primary Examiner, Art Unit 3637