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 .
Election/Restrictions
Applicant’s election without traverse of Species (claims 1-5, 7-10, and 12-20) in the reply filed on 1/29/26 is acknowledged.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 15-20 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 15 recites the limitation "backrest" in line 8. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 9-10, 12, and 14-20 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Nye et al. (US2007/0042843A1) (hereafter Nye).
With respect to claim 9, Nye teaches a basketball goal assembly (10), comprising: a support pole (24); support linkages (70/74 and 72/76) that extend from said support pole (figures 1-8; and paragraphs 60-65); a bracket (38/40) coupled to support linkages by a pivot joint (figures 1-8; and paragraphs 60-65); a backboard (16) supported at an orientation by said bracket, wherein said bracket can rotate about said pivot joint, therein altering said orientation (figures 1-8; and paragraphs 60-65); and an adjustment (adjustment assembly 36) for selectively rotating said bracket about said pivot joint (figures 1-8; and paragraphs 60-65).
With respect to claim 10, Nye teaches wherein said backboard is mounted to a reinforcement bracket (42/44) and said reinforcement bracket is connected to said adjustment (figures 1-8; and paragraphs 61-65).
With respect to claim 12, Nye teaches a height adjustment mechanism (height adjustment mechanism) that selectively pivots said support linkages relative to said support pole (figures 1-8; and paragraphs 60-65).
With respect to claim 14, Nye teaches including a base (26) for supporting said pole (figures 1-8; and paragraphs 60-65).
With respect to claim 15, Nye teaches a basketball goal assembly (10), comprising: a pole (24) having long axis; a backboard (16) supported in a plane by said pole, wherein said plane is at an angle of inclination relative to said long axis of said pole (figures 1-8; and paragraphs 60-65); a manual adjustment (adjustment assembly 36) disposed between said backboard and said pole that selectively adjusts said angle of inclination for said backrest relative to said long axis of said pole (figures 1-8; and paragraphs 60-65).
With respect to claim 16, Nye teaches including a second adjustment (height adjustment mechanism) for selectively adjusting said orientation of said backboard in said plane.
With respect to claim 17, Nye teaches support linkages (70/74 and 72/76) that extend from said pole and support a bracket (38/40).
With respect to claim 18, Nye teaches wherein said backboard is mounted to said bracket (figures 1-8; and paragraphs 60-65).
With respect to claim 19, Nye teaches wherein said manual adjustment (58/64) is a knob (hex socket) and shaft (portion of fasteners 58/64 that extends through openings 46/52) that, when turned, affect (broadest reasonable interpretation) rotational movement of said bracket relative to said support linkages (figures 1-8; and paragraphs 60-65).
With respect to claim 20, Nye teaches including a base (26) for supporting said pole (figures 1-8; and paragraphs 60-65).
Claim(s) 9 and 12-20 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Baldasari (US204/0195478A1).
With respect to claim 9, Baldasari teaches a basketball goal assembly (210), comprising: a support pole (216); support linkages (264 and 295) that extend from said support pole (figures 1-8); a bracket (260) coupled to support linkages by a pivot joint (hinge) (figure 9; and paragraphs 57-70); a backboard (220) supported at an orientation by said bracket, wherein said bracket can rotate about said pivot joint, therein altering said orientation (figure 9; and paragraphs 57-70); and an adjustment (290) for selectively rotating said bracket about said pivot joint (figure 9; and paragraphs 57-70).
With respect to claim 12, Baldasari teaches a height adjustment mechanism (lift 213) that selectively pivots said support linkages relative to said support pole (figure 9; and paragraphs 57-70).
With respect to claim 13, Baldasari teaches wherein said adjustment includes a threaded shaft (293) that acts upon at least one of said support linkages (295), therein moving said at least one of said support linkages relative to said bracket when said threaded shaft is turned (figure 9; and paragraphs 67-68).
With respect to claim 14, Baldasari teaches including a base (212) for supporting said pole (figure 9; and paragraphs 57-70).
With respect to claim 15, Baldasari teaches a basketball goal assembly (210), comprising: a pole (216) having long axis; a backboard (220) supported in a plane by said pole, wherein said plane is at an angle of inclination relative to said long axis of said pole (figure 9; and paragraphs 57-70); a manual adjustment (290) disposed between said backboard and said pole that selectively adjusts said angle of inclination for said backrest relative to said long axis of said pole (figure 9; and paragraphs 57-70).
With respect to claim 16, Baldasari teaches including a second adjustment (296-297) for selectively adjusting said orientation of said backboard in said plane (figure 9; and paragraphs 57-70).
With respect to claim 17, Baldasari teaches support linkages (264 and 295) that extend from said pole and support a bracket (260).
With respect to claim 18, Baldasari teaches wherein said backboard is mounted to said bracket (figure 9; and paragraphs 57-70).
With respect to claim 19, Baldasari teaches wherein said manual adjustment is a knob (294 or 296) and shaft (293) that, when turned, affect (broadest reasonable interpretation) rotational movement of said bracket relative to said support linkages (figure 9; and paragraphs 57-70).
With respect to claim 20, Baldasari teaches including a base (212) for supporting said pole (figure 9; and paragraphs 57-70).
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.
Claim(s) 1-5 and 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nye in view of Borloz et al. (US2012/0235000A1) (hereafter Borloz).
With respect to claim 1, Nye teaches a basketball goal assembly (10), comprising: a support pole (24); a backboard (16); at least one bracket (38/40) that support said backboard (figures 1-8; and paragraphs 60-65).
Nye does not teach wherein said at least one bracket has a bolt hole connector and a slotted connector thereon; at least one upper linkage extending from said pole to said bolt hole connector; at least one lower linkage extending from said pole to said slotted connector, wherein said at least one lower linkage can move within said slotted connector; and a manual adjustment that selectively moves said at least one lower linkage within said slotted connector.
However, Borloz teaches wherein said at least one bracket (126) has a bolt hole connector (hole that inner strut pin 64 is inserted) and a slotted connector (40) thereon; at least one upper linkage (34) extending from said pole (arm) to said bolt hole connector; at least one lower linkage (36) extending from said pole to said slotted connector, wherein said at least one lower linkage can move within said slotted connector; and a manual adjustment (adjuster mechanism 50) that selectively moves said at least one lower linkage within said slotted connector (figures 1 and 4-9; and paragraphs 8, 32-37, 53-64, and 73).
At the time of filing the claimed invention it would have been obvious to one of ordinary skill in the art to utilize the movement mechanism of Borloz on the basketball system of Nye in order to provide a high degree of adjustability through a wide range of motion (note paragraph 8 of Borloz for the explicit motiviation).
With respect to claim 2, Borloz teaches wherein a slide bolt (base pivot point 41) connects said at least one lower linkage (36) to said slide connector (40) (figures 1 and 4-9; and paragraphs 8, 32-37, 53-64, and 73).
With respect to claim 3, Borloz teaches wherein said manual adjustment (50) includes a threaded shaft that threads through said at least one bracket and acts upon (broadest reasonable interpretation) said slide bolt, therein moving said slide bolt relative to said at least one bracket when said threaded shaft is turned (figures 1 and 4-9; and paragraphs 8, 32-37, 53-64, and 73).
With respect to claim 4, Borloz teaches including a knob (pivot screw head 52) for manually turning said threaded shaft (figures 1 and 4-9; and paragraphs 8, 32-37, 53-64, and 73).
With respect to claim 5, Nye teaches wherein said at least one bracket includes a reinforcement bracket (42/44) that is affixed to said backboard (16) and an adjustment bracket (38/40) that connects to said reinforcement bracket, but fails to teach wherein said slotted connector is disposed on said adjustment bracket figures 1-8; and paragraphs 60-65). However, Borloz teaches wherein said slotted connector (40) is disposed on said adjustment bracket (126) (figures 1 and 4-9; and paragraphs 8, 32-37, 53-64, and 73).
With respect to claim 7, Borloz teaches wherein said at least one lower linkage (36) is connected to said pole (arm) with a pivot connection (38/43) and further including a height adjustment mechanism (pivot screw 52) that connects to said at least one lower linkage for selectively pivoting said at least one lower linkage about said pivot connection (figures 1 and 4-9; and paragraphs 8, 32-37, 53-64, and 73).
With respect to claim 8, Nye teaches including a portable base (26) that supports said pole (24) (figures 1-8; and paragraphs 60-65).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KILEY SHAWN STONER whose telephone number is (571)272-1183. The examiner can normally be reached on Monday-Thursday.
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, Keith Walker can be reached on 571-272-3458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KILEY S STONER/ Primary Examiner, Art Unit 1735
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