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 .
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 2 & 5 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. These claims contain vague indefinite language, including the use of the phrase “may be”. It is unclear whether the features following “may be” in each claim are intended to be positively recited as part of the claimed invention.
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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Letang (U.S. Patent Number 6,450,499).
Referring to claim 1, Letang discloses a box for carrying a game set (Fig. 1a & Fig. 1e); at least one set of cards, wherein each card of the at least one set of cards is comprised of a front face and a back face, and further wherein a word is provided on the back face (Fig. 1C & Fig. 1d & Fig. 1e); a holder (Fig. 1c); a timer (Figs. 1f & 2b); and a buzzer (a stopwatch has a buzzer/beeper when it goes off).
Referring to claim 2, Letang discloses wherein the timer may be set to increments of five seconds (Fig. 2b).
Referring to claim 3, Letang discloses wherein the increments range from five seconds to 30 seconds (Fig. 2b).
Referring to claim 4, Letang discloses wherein the increment is 15 seconds (Fig. 2b).
Referring to claim 5, Letang discloses wherein the word may be a one syllable word, a two syllable word or a multiple syllable word (Fig. 1c).
Referring to claim 6, Letang discloses wherein each card of the at least one set of cards has a thickness ranging from about 147 GSM to about 640 GSM (Figs. 1c, 1d & 1e).
Referring to claim 7, Letang discloses wherein each card of the at least one set of cards is comprised of an antimicrobial coating (Figs. 1c, 1d & 1e).
Referring to claim 8, Letang discloses wherein the game set comprises at least three different sets of cards of varying spelling skill sets (Figs.1b, 1c, 1d, 1e).
Referring to claim 9, Letang discloses wherein the at least one card set comprises one of animals, places or phonetically challenging words (Figs. 1b & Figs 3a-3d).
Referring to claim 10, Letang discloses further comprising a plurality of medals or awards (Fig. 1a).
Referring to claim 11, Letang discloses wherein the back face of each card of the at least one set of cards comprises a logo and is opaque (Figs. 1c, 1d, 1e & Figs. 3a-3d).
Referring to claim 12, Letang discloses comprising the steps of: providing a game set having at least one set of cards (Fig. 1C & Fig. 1d & Fig. 1e), a timer (Figs. 1f & 2b) and a buzzer (a stopwatch has a buzzer/beeper when it goes off), wherein each card of the at least one set of cards is comprised of a front face and a back face (Fig. 1C & Fig. 1d & Fig. 1e); selecting a card from the at least one set of cards (Fig. 1c, 1d & 1e); announcing a word positioned on the front face of the card selected (Figs. 3a-3d); starting a timer (Fig. 1f & 2b); spelling the word (Figs. 5b, 5c & 6); and determining a correct spelling of the word (Figs. 3a-3d).
Referring to claim 13, Letang discloses wherein the game set further comprises a plurality of awards (Fig. 1a).
Referring to claim 14, Letang discloses further comprising a step of passing an opportunity to spell the word after the step of announcing the word (Figs. 3a-3d).
Referring to claim 15, Letang discloses further comprising a step of starting another sequence of the method after the step of determining (Fig. 2a).
Referring to claim 16, Letang discloses further comprising a step of awarding at least one of the plurality of awards to a player who has correctly spelled the word after the step of determining (Fig. 1a).
Referring to claim 17, Letang discloses wherein each card of the at least one set of cards comprises a thickness ranging from about 147 GSM to about 640 GSM and an antimicrobial coating (Figs. 1c, 1d & 1e).
Referring to claim 18, Letang discloses comprising: a box (Fig. 1a & Fig. 1e); at least one card set comprised of a plurality of cards, wherein each card in the plurality of cards is comprised of a front face and a rear face, and further wherein a word is positioned on the front face (Fig. 1C & Fig. 1d & Fig. 1e); a holder for the at least one card set (Fig. 1c); a timer (Fig. 1f & 2b); and buzzer, wherein each of the at least one card set, the holder, the timer and the buzzer are contained within the box until needed (a stopwatch has a buzzer/beeper when it goes off & Figs.).
Referring to claim 19, Letang discloses wherein the at least one card set comprises a plurality of words having one syllable, two syllables or multiple syllables (Figs. 3a-3d).
Referring to claim 20, Letang discloses wherein the at least one card set comprises a plurality of different themes or categories (Fig. 2a & Figs. 3a-3d).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KESHA FRISBY whose telephone number is (571)272-8774. The examiner can normally be reached Monday-Friday 730AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xuan Thai can be reached at 571-272-7147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KESHA FRISBY/Primary Examiner, Art Unit 3715