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
Claims 13-16 and 25-34 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/7/2025.
Claim Objections
Claim 22 is objected to because of the following informalities: The enclosure comprising metal is claimed twice. 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.
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.
Claim 6 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.
Claim 6 recites the limitation "the first cross-member" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the second cross-member" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 4-8, 10-12, 17, 20, 22-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schwartz (US Patent No. 10,874930).
For claim 1, Schwartz discloses a pair of forms (fig. 10, 102, 104) “for constructing a first gate foundation and a second gate foundation in a support structure of a throwing cage” (intended use recitation treated in accordance with MPEP 2114), the pair of forms comprising: a first form (frame elements of 102) comprising: an enclosure (fig. 1, the entire thing is considered an enclosure) defining a cavity (cavity shown in fig. 4C, 409) having an open upper end; a gate post support (fig. 4C, first 406) attached to the enclosure; wherein the first form is installable in the support structure (ground) so that the enclosure is operable for forming a horizontal pad (floor) for supporting a wheel (422) of a first rotatable gate of the throwing cage; and wherein the gate post support is operable for supporting a first gate post of the first rotatable gate of the throwing cage; and a second form (frame elements of 104) comprising: an enclosure defining a cavity (second cavity 409) having an open upper end; a gate post support attached to the enclosure; and wherein the second form is installable in the support structure so that the enclosure is operable for forming a horizontal pad for supporting a wheel of a second rotatable gate of the throwing cage; and wherein the gate post support is operable for supporting a second gate post of the second rotatable gate of the throwing cage (better seen in fig. 9B, both rotatable gates).
For claim 4, Schwartz discloses that the first form (frame elements of 102) comprises: at least one cross-member (fig. 4A, 208) for attaching the gate post support to the enclosure; and the second form (frame elements of 104) comprises: at least one cross-member (second 208) for attaching the gate post support to the enclosure.
For claim 5, Schwartz discloses that the first form (102) comprises: a prefabricated first enclosure portion (fig. 4A, left 404); a prefabricated second enclosure portion (right 404); and wherein the first enclosure portion is attachable to the second enclosure portion; and the second form (104) comprises: a prefabricated first enclosure portion (left 404); a prefabricated second enclosure portion (right 404); and wherein the first enclosure portion is attachable to the second enclosure portion (fig. 4A, 404).
For claim 6, Schwartz discloses that the first form (102) comprises: an alignment bracket (fig. 4C, bracket that attaches to 406) for attaching an end of the first cross-member to the gate post support of the first form; and the second form (104) comprises: an alignment bracket (fig. 4C, bracket that attaches to 406) for attaching an end of the second cross-member to the gate post support of the second form.
For claim 7, Schwartz discloses that the first form (102) further comprises: a net pole support (fig. 2, 202) for supporting an end of a net pole for supporting a netting of the throwing cage; and the second form (104) further comprises: a net pole support (202) for supporting an end of a net pole for supporting the netting of the throwing cage.
For claim 8, Schwartz discloses that the first form (102) comprises: the gate post support (fig. 4C, 406) comprising a sleeve (tubular); and the net pole support (fig. 2, 202) comprising a sleeve (tubular); and the second form (104) comprises: the gate post support (406) comprising a sleeve; and the net pole support (202) comprising a sleeve.
For claim 10, Schwartz discloses that the enclosure and the gate post support of the first form comprise metal; and the enclosure and the gate post support of the second form comprise metal (col. 6 lines 21-22).
For claim 11, Schwartz discloses a plurality of net poles (fig. 2, 206); a plurality of net pole supports (202); a net (110); the first rotatable gate (Gate formed by 102); and the second rotatable gate (Gate formed by 104).
For claim 12, Schwartz discloses a form (fig. 1, entire form) ‘for forming a throwing circle’ (intended use recitation treated in accordance with MPEP 2114).
For claim 17, Schwartz discloses a pair of forms (fig. 1, 102, 104) ‘for constructing a first gate foundation and a second gate foundation in a support structure of a throwing cage’ (intended use recitation treated in accordance with MPEP 2114), the pair of forms comprising: a first prefabricated form (102) comprising: an enclosure defining a cavity (fig. 4C, first 409) having an open upper end; and wherein the first form is installable in the support structure (ground) so that the enclosure is operable for forming a horizontal pad to support a wheel (422) of a first rotatable gate of the throwing cage; and a second prefabricated form (104) comprising: an enclosure defining a cavity (second 409) having an open upper end; and wherein the second form is installable in the support structure so that the enclosure is operable for forming a horizontal pad to support a wheel (422) of a second rotatable gate of the throwing cage.
For claim 20, Schwartz discloses that the first form (102) comprises: a prefabricated first enclosure portion (fig. 4A, left 404); a prefabricated second enclosure portion (right 404); and wherein the first enclosure portion is attachable to the second enclosure portion; and the second form (104) comprises: a prefabricated first enclosure portion (left 404); a prefabricated second enclosure portion (right 404); and wherein the first enclosure portion is attachable to the second enclosure portion (fig. 4A, 404).
For claim 22, Schwartz discloses that the enclosure of the first form comprises metal; and the enclosure of the second form comprise metal (col. 6 lines 21-22).
For claim 23, Schwartz discloses a plurality of net poles (fig. 2, 206); a plurality of net pole supports (202); a net (110); the first rotatable gate (Gate formed by 102); and the second rotatable gate (Gate formed by 104).
For claim 24, Schwartz discloses a form (fig. 1, entire form) ‘for forming a throwing circle’ (intended use recitation treated in accordance with MPEP 2114).
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) 2 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Schwartz (US Patent No. 10,874930).
For claims 2 and 18, Schwartz does not disclose that the open upper end of the enclosure of the first and second form comprise an arcuate open upper end, however it would have been obvious to one having ordinary skill in the art before the effective filing date of the application to make the open upper end of the enclosure of the first and second form comprise an arcuate open upper end i.e. circular to match the shape of the pole extending from it.
Allowable Subject Matter
Claims 3, 9, 19 and 21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record neither anticipates or makes obvious a pair of forms having all the limitations present in claims 1, 2 and 3.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA K IHEZIE whose telephone number is (571)270-5347. The examiner can normally be reached M-F 9-5pm.
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/JOSHUA K IHEZIE/Primary Examiner, Art Unit 3633