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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show the two legs and hinges as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). 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.
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 two legs and hinges claimed in independent claims 1 and 7 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 Objections
Claims 6 and 10 are objected to because of the following informalities:
Claim 6 recites the limitation "pints" rather than –points-- in line 2.
Claim 10 recites the limitation "pints" rather than –points-- in line 2.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 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.
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 8,794,629, hereafter referred to as ‘Humphreys ‘629’. Regarding claim 1, Humphreys ‘629 discloses the claimed invention except for the specific claimed dimensions of the game system.
Regarding claim 1, Humphreys ‘629 discloses a game system (Fig. 1-4, game apparatus 10, col. 2 In. 66) comprising two game boards, a first game board 12 and a second game board 12 ("each board is angled from between 20 and 30 degrees to the ground and having a centered hole toward its top is set up a predetermined distance from two or more competitors, who take turns tossing corn-filled bags or similarly-sized flimsy but weighted objects toward the board", col. 1 In. 19-25; the two boards 12 are used wherein they are spaced from one another and two or more competitors take turns from opposite ends to score points.); each game board having a front (See Fig. 4, the front is shown.) and a back (See Fig. 3, the back is shown.) and 4 sides, a top (See Fig. 1-4, the top side is shown at the top area of the board.), with a front top leading edge and a back top leading edge (See Fig. 1-2, there are shown to be a front top leading edge and a back top leading edge.), a bottom (See Fig. 1-4, the bottom side is shown at the bottom area of the board.), with a front bottom leading edge and a back bottom leading edge (See Fig. 1-2, there are shown to be a front bottom leading edge and a back bottom leading edge.), a right side (See Fig. 4, there is shown to be a right side.), and a left side (See Fig. 4, there is shown to be a left side.); each game board being 30-38 inches wide (See Fig. 4, the board game is shown to be approximately 36 inches wide and 38-42 inches tall]; each game board comprising a first shelf (See Fig. 1-4, the first shelf is shown to be formed of the walls 22 and 26.) that is [1-1.5 inch in
depth, 3.5-5 inches long, and] 34-38 inches wide (See Fig. 4, the first shelf is shown to be approximately 36 inches wide.) in the front of each game board that runs the width of each game board at 2,5-5 inches above the bottom (See Fig. 4, the first shelf is shown to be approximately 3.5 inches from the bottom.), the first shelf comprising six vertical boards (Fig. 4, plurality of side walls 22, col. 3 In. 29), [each of which being 1-1.5 Inches in depth, 3.5-4.5 inches wide, and 9-11 inches tall], forming five slots (Fig. 4, areas 44, col. 3 In. 51), [each slot being 5.5-6.5 inches wide], each slot having points assigned to it ("The plurality of areas 44 between the walls 22 of the rake 42 correspond to different playing card values.", col. 3 In. 51-52); each of the six vertical boards comprising a [1-1.5 inch] rounded bevel on a top leading edge of each of the six vertical boards ("The top edge of the walls 22 and 26 may optionally be beveled.", col. 3 In. 34-35); each game board comprising a [9-11 inches wide] second shelf (Fig. 1-4, ledge 20, col. 3 In. 29) [centered 9-13 Inches below the top at the front of each game board], the second shelf having point assigned to it ("In addition, in the preferred embodiment, the board 12 includes a Wild Card ledge 20 situated about 29 inches off the ground and centered over the A area. The primary purpose of the Wild
Card ledge 20 is to enhance the probability of higher scoring hands, thus adding to the general excitement of game play. However, it is an inherent feature of the ledge 20 that any area 44 over which it is positioned would become marginally more difficult to land a bag in.", col. 4 In. 4-11); the back of each game board being edged with 1.5-2.5 inches by 1.5-2.5 inches boards (See Fig. 1, the boards are shown to have a thickness of approximately 1.75 inches.) and comprising two legs (Fig. 1-4, struts 14, col. 2 In. 67) [made from 1.5 inches by 1.5 inches boards) attached with hinges (Fig. 1, two hinges are shown to be indicated at a top area.) to the top of the back to allow each game board
to sit at a 25 degrees-35 degrees playing angle (See Fig. 1, the board game Is shown to sit at approximately a 32.5 degree angle.), but does not specifically disclose wherein each game board is between 38-42 inches tall, the first shelf being 1-1.5 inch in depth and 3.5-5 inches long, each shelf being 1-1.5 inches in depth, 3.5-4.5 inches wide, and 9-11 inches tall, each slot being 5.5-6.5 inches wide, each of the six vertical boards comprising a 1-1.5 Inch rounded bevel, a 9-11 inches wide second shelf centered 9-13 Inches below the top at the front of each game board, and two legs made from 1.5 inches by 1.5 inches boards. While Humphreys ‘629 does not specifically disclose wherein each game board is between 38-42 inches tall, the first shelf being 1-1.5 inch in depth and 3.5-5 inches long, each shelf being 1-1.5 inches in depth, 3.5-4.5 inches wide, and 9-11 inches tall, each slot being 5.5-6.5 inches wide, each of the six vertical boards comprising a 1-1.5 inch rounded bevel, a 9-11 inches wide second shelf centered 9-13 inches below the top at the front of each game board, and two legs made from 1.5 inches by 1.5 inches boards, it is well known in the art that routine experimentation and various experimental design choices could have been used to have arrived at these game system dimensions.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have arrived at these game system dimensions for the game system of Humphrey ‘629, in order to have provided optimum conditions for a competitive game to be played using the boards.
Regarding claim 2, Humphreys ‘629 discloses the game system of claim 1, and discloses further wherein when playing, the two game boards are set a distance apart from each other from the front bottom leading edge of each game board such that the front of the two game boards faces each other ("each board 12 is angled from between 20 and 30 degrees to the ground and having a centered hole toward its top is set up a predetermined distance from two or more competitors, who take turns tossing corn-filled bags or similarly-sized flimsy but weighted objects toward the board", col. 1 in. 19-25; two boards 12 are used wherein they are spaced from one another and two or more competitors take turns from opposite ends to score points.), but does not specifically disclose wherein the boards are set 20-30 feet apart from each other. While Humphreys does not specifically disclose that the boards are set 20-30 feet apart from each other, it is well known in the art that routine experimentation and various experimental design choices could have been used to have arrived at the boards are set 20-30 feet apart
from each other.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of applicant’s claimed invention to make the boards of Humphrey’s ‘629 to be 20-30 feet apart from each other, in order to have allowed for the optimum distance between boards for a competitive game to be played between teams.
Regarding claim 3, Humphreys ‘629 discloses the game system of claim 1 or claim 2, but does not specifically disclose each game board being 36 Inches wide and 40 Inches tall; the two game boards being set 25 feet apart from each other from the bottom leading edge of each game board; each game board comprising a first shelf that is 1 inch in depth, 4 inches tall, and 36 inches wide in the front of each game board that runs the width of each game board at 3" above the bottom with vertical boards, each vertical board being 1 inch in depth, 4 inches wide, and 10 inches tall, forming five slots, each slot being 6 inches wide; each of the six vertical boards comprising a 1.5 inch rounded bevel on a top leading edge of each of the six vertical boards; each game board comprising a 10 inches wide second shelf centered 10 inches from the top at the front of each game board; the back of each game board being edged with 2 inches by 2 inches boards and having two legs made from 2 Inches by 2 inches boards attached with hinges to the back to allow each game board to sit at a 55 degrees playing angle. While Humphreys does not specifically disclose each game board being 36 inches wide and 40 inches tall; the two game
boards being set 25 feet apart from each other from the bottom leading edge of each game board; each game board comprising a first shelf that is 1 Inch in depth, 4 inches tall, and 36 inches wide in the front of each game board that runs the width of each game board at 3" above the bottom with vertical boards, each vertical board being 1 inch in depth, 4 inches wide, and 10 inches tall, forming five slots, each slot being 6 inches wide; each of the six vertical boards comprising a 1.5 inch rounded bevel on a top leading edge of each of the six vertical boards; each game board comprising a 10 inches wide second shelf centered 10 inches from the top at the front of each game board; the back of each game board being edged with 2 inches by 2 inches boards and having two legs made from 2 inches by 2 inches
boards attached with hinges to the back to allow each game board to sit at a 55 degree playing angle, it is well known in the art that routine experimentation and various experimental design choices could have been used to have arrived at these game system dimensions.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have arrived at these game system dimensions, in order to have provided optimum conditions for a competitive game to be played using the boards.
Regarding claim 4, Humphreys ‘629 discloses the game system of claim 1 and discloses further comprising bags ("The board can be sized similar to a regulation corn-hole board, or can be sized larger to accommodate a sizeable number of bags accumulating in walled areas as discussed below", col. 3 In. 1-4), but does not specifically disclose eight 14-18 ounce bean bags. While Humphreys ‘629 does not specifically disclose eight 14-18 ounce bean bags, it is well known in the art that routine experimentation and various experimental design choices could have been used to have arrived at eight 10-18 ounce bean bags.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have arrived at eight 14-18 ounce bean bags for the game system of Humphrey’s 629, in order to have provided the optimum amount of bags for the game system.
Regarding claim 5, Humphreys ‘629 discloses the game system of claim 1 and discloses further comprising bags ("The board can be sized similar to a regulation corn-hole board, or can be sized larger to accommodate a sizeable number of bags accumulating in walled areas as discussed below", col. 3 In. 1-4), but does not specifically disclose eight 16 ounce bean bags. While Humphreys ‘629 does not specifically disclose eight 16 ounce bean bags, it is well known in the art that routine experimentation and various experimental design choices could have been used to have arrived at eight 16 ounce bean bags. It would have been obvious to a person of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have arrived at eight 16 ounce bean bags, in order to have provided the optimum amount of bags for the game system.
Regarding claim 6, Humphreys ‘629 discloses the claimed invention except for the specific points assigned to the shelves and slots. However, the specific point limitations is intended use language and given very little patentable weight, since the second shelf is capable of being assigned 10 points, the two outermost slots of the first shelf are capable of being assigned 1 point each; the two slots of the first shelf immediately adjacent to the two outermost slots are capable of being assigned 3 points each and the centermost slot of the first shelf is capable of being assigned 5 points, the limitations of claim 6 are met by Humphreys ‘629.
Regarding claim 7, Humphreys ‘629 discloses the claimed invention except for the specific claimed dimensions of the game system.
Regarding claim 7, Humphreys ‘629 discloses a game system (Fig. 1-4, game apparatus 10, col. 2 In. 66) comprising two game boards 12, a first game board 12 and a second game board 12 ("each board 12 is angled from between 20 and 30 degrees to the ground and having a centered hole toward its top is set up a predetermined distance from two or more competitors, who take turns tossing corn-filled bags or similarly-sized flimsy but weighted objects toward the board", col. 1 In. 19-25; the two boards 12 are used wherein they are spaced from one another and two or more competitors take turns from opposite ends to score points.); each game board having a front (See Fig. 4, the front is shown.) and a back (See Fig. 3, the back is shown.) and 4 sides, a top (See Fig. 1-4, the top side is shown at the top area of the board.). with a front top leading edge and a back top leading edge (See Fig. 1-2, there are shown to be a front top leading edge and a back top leading edge.), a bottom (See Fig. 1-4, the bottom side is shown at the bottom area of the board.), with a front bottom leading edge and a back bottom leading edge (See Fig. 1-2, there are shown to be a front bottom leading edge and a back bottom leading edge.), a right side (See Fig. 4, there is shown to be a right side.), and a left side (See Fig. 4, there is shown to be a left side.): [each game board being between 22-26 inches wide and 30-34 inches tall:] each game board comprising a first shelf (See Fig. 1-4, the first shelf is shown to be formed of the walls 22 and 26.) [that is between 1-1.5 inch in depth, 3.5-5 Inches long, and 22-26 inches wide in the front of each game board] that runs the width of each game board at 2.5-5 inches above the bottom (See Fig. 4, the first shelf is shown to be approximately 3.5 Inches from the bottom.); the first shelf comprising six vertical boards (Fig. 4, plurality of side walls 22, col. 3 In. 29), [each of which being 1-1.5 Inches in depth, 3.5-4.5 Inches wide and 6-10 Inches tall], forming five slots (Fig. 4, areas 44, col. 3 in. 51), [each slot being 3-5 inches wide], each slot having points assigned to it ("The plurality of areas 44 between the walls 22 of the rake 42 correspond to different playing card values.", col. 3 In. 51-52); each of the six vertical boards comprising a [1-1.5 inch] rounded bevel on a top leading edge of each of the six vertical boards ("The top edge of the walls 22 and 26 may optionally be beveled.", col. 3 In. 34-35); each game board comprising a 7-9 inches wide second shelf (Fig. 1-4, ledge 20, col. 3 In. 29; the ledge 20 is shown to be 8 inches wide.)[centered 7-10 inches below the top at the front of each game board], the second shelf having point assigned to it ("In addition, in the preferred embodiment, the board 12 includes a Wild Card ledge 20 situated about 29 inches off the ground and centered over the A area. The primary purpose of the Wild Card ledge 20 is to enhance the probability of higher scoring hands, thus adding to the general excitement of game play. However, it is an inherent feature of the ledge 20 that any area 44 over which it is positioned would become marginally more difficult to land a bag in.", col. 4 In. 4-11); the back of each game board being edged with 1.5-2.5 Inches by 1.5-2.5 inches boards (See Fig. 1, the boards are shown to have a thickness of approximately 1.75 inches.) and comprising two legs (Fig. 1-4, struts 14, col. 2 In. 67) [made from 1.5 inches by 1.5 inches boards] attached with hinges (Fig. 1, two hinges are shown to be indicated at a top area.) to the bottom of the back to allow each game board to sit at a 25-35 degrees playing angle (See Fig, 1. the board game is shown to sit at approximately a 32.5 degree angle.). but does not specifically disclose wherein each game board being between 22-26 inches wide and 30-34 inches tall, a first shelf that is between 1-1.5 inch in depth, 3.5-5 inches long, and 22-26 inches wide in the front of each game board, each of six vertical boards being 1-1.5 inches in depth, 3.5-4.5 inches wide and 6-10 inches tall, each slot being 3-5 inches wide, each of the six vertical boards comprising a 1-1.5 inch rounded bevel, the second shelf centered 7-10 inches below the top at the front of each game board, and two legs made from 1.5 inches by 1.5 inches boards. While Humphreys does not specifically disclose wherein each game board being between 22-26 inches wide and 30-34 inches tall, a first shelf that is between 1-1.5 inch in depth, 3.5-5 inches long, and 22-26 inches wide in the front of each game board, each of six vertical boards being 1-1.5 inches in depth, 3.5-4.5 inches wide and 6-10 inches tall. each slot being 3-5 inches wide, each of the six vertical boards comprising a 1-1.5 inch rounded bevel, the second shelf centered 7-10 inches below the top at the front of each game board, and two legs made from 1.5 inches by 1.5 inches boards, it is well known in the art that routine experimentation and various experimental design choices could have been used to have arrived at these game system dimensions.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have arrived at these game system dimensions for the game system of Humphrey ‘629, in order to have provided optimum conditions for a competitive game to be played using the boards.
Regarding claim 8, Humphreys ‘629 discloses the game system of claim 7, wherein when playing, the two game boards are set a distance apart from each other from the front bottom leading edge of each game board such that the front of the two game boards faces each other ("a board 12 is angled from between 20 and 30 degrees to the ground and having a centered hole toward its top is set up a predetermined distance from two or more competitors, who take turns tossing corn-filled bags or similarly-sized flimsy but weighted objects toward the board", col. 1 In. 19-25; the two boards 12 are used wherein they are spaced from one another and two or more competitors take turns from opposite ends to score points.), but does not specifically disclose wherein the boards are set 20-30 feet apart from each other. While Humphreys ‘629 does not specifically disclose that the boards are set 20-30 feet apart from each other, it is well known in the art that routine experimentation and various experimental design choices could have been used to have arrived at the boards are set 20-30 feet apart from each other.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of applicant’s claimed invention to make the boards of Humphrey’s ‘629 to be 20-30 feet apart from each other, in order to have allowed for the optimum distance between boards for a competitive game to be played between teams.
Regarding claim 9, Humphreys ‘629 discloses the game system of claim 7 and discloses further comprising bags ("The board can be sized similar to a regulation corn-hole board, or can be sized larger to accommodate a sizeable number of bags accumulating in walled areas as discussed below", col. 3 In. 1-4), but does not specifically disclose eight 10-14 ounce bean bags. While Humphreys ‘629 does not specifically disclose eight 10-14 ounce bean bags, it is well known in the art that routine experimentation and various experimental design choices could have been used to have arrived at eight 10-14 ounce bean bags.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have arrived at eight 10-14 ounce bean bags, in order to have provided the optimum amount of bags for the game system.
Regarding claim 10, Humphreys ‘629 discloses the claimed invention except for the specific points assigned to the shelves and slots. However, the specific point limitations is intended use language and given very little patentable weight, since the second shelf is capable of being assigned 10 points, the two outermost slots of the first shelf are capable of being assigned 1 point each; the two slots of the first shelf immediately adjacent to the two outermost slots are capable of being assigned 3 points each and the centermost slot of the first shelf is capable of being assigned 5 points, the limitations of claim 10 are met by Humphreys ‘629.
Allowable Subject Matter
Claims 11-18 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Nally ‘028, ‘526, Striebel ‘476 and Corsaut ‘635 disclose game systems which are similar to applicant’s invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS M SEMBER whose telephone number is (571)272-2381. The examiner can normally be reached flexing generally from 7 a.m. to 5.00 p.m. M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ABDULMAJEED Aziz can be reached at 571-270-5046. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOMAS M SEMBER/Primary Examiner, Art Unit 2875