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 of Invention I in the reply filed on 09/23/26 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Specification
The abstract of the disclosure is objected to because:
Line 1, replace “comprising” with “including”. Legalese style language is not permitted within the abstract.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The disclosure is objected to because of the following informalities:
Page 1, Line 11, replace “14978840” with “9,339,705”
Appropriate correction is required.
Claim Objections
Claims 1, 2, 4-6, 10, 13-15 and 17 are objected to because of the following informalities:
Claim 1, Line 2 recites “A ball-picking structure, comprising…” However, this appears to be a duplicate of claim 1, line 1 which already recites “A ball-picking structure, comprising:”. Therefore, the phrase “A ball-picking structure, comprising…” in line 2 should be deleted.
Claim 1, Line 7, replace “(1)” with “(1);”. Applicant is reminded that each individual claim must be in a single sentence format with commas (,) and semicolons (;) used to indicate typical paragraph breaks, and a single period (.) at the end.
Claim 1, Last Line, replace “ball” with “ball.”
Claim 2, Line 3, replace “rod (5).” with “rod (5);”.
Claim 2, Line 7, replace “(115).” with “(115);”.
Claim 4, Line 1, replace “1,,” with “1,”.
Claim 5, Line 9, replace “(21).” with “(21);”.
Claim 5, Line 15, replace “(1).” with “(1);”.
Claim 6, Line 1, replace “,claim 5” with “claim 5,”.
Claim 6, Line 5, replace “side.” with “side;”.
Claim 10, Line 1, replace “9,wherein:” with “9, wherein:”.
Claim 13, Line 4, replace “(111).” with “(111);”.
Claim 14, Line 5, replace “(1122).” with “(1122);”.
Claim 15, Line 5, replace “(1132).” with “(1132);”.
Claim 17, Line 4, replace “(1134).” with “(1134);”.
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.
Claims 1-19 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 1 recites “the container wall (22) is connected to the connecting arms (4) …” However, it is indefinite and unclear as to what applicant means by the container wall (22) being connected to the connecting arms (4) as the disclosure mainly states that the container wall is connected to the bottom frame (21)? Therefore, it is indefinite and unclear as to whether the claim means to state that the container wall (22) is connected to a bottom frame (21)?
Claim 1 recites the limitation "the bottom" in Line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the top" in Line 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the bottom of the container (2)" in Lines 8-9. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the bottom frame (21)" in Line 10. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the width" in Line 10. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the diameter" in Line 11. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the ball" in the last line. There is insufficient antecedent basis for this limitation in the claim. Furthermore, applicant appears to be comparing a width of entry gaps to the width of a “ball”? Therefore, it is indefinite and unclear as to whether applicant is actually claiming the “ball” or whether the “ball” is meant to be the intended use of the structure as recited.
Claim 2, Line 3 recites “rod (5)”. However, claim 1, line 6 appears to recite multiple rods (5)? Therefore, it is indefinite and unclear as to whether applicant means to recite multiple or a single rod (5)?
Claim 2 recites the limitation "the other end" in Line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the wall (123)" in Line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the size of the snap hole (124)” in Lines 4-5. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the size of the snap hole button protrusion (1134)” in Line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites “at the bottom of the container wall (22), there are elastic element connection holes (215) …” However, the disclosure appears to actually show the holes (215) being located on the bottom frame (21)? Therefore, it is indefinite and unclear as to whether the claim means to state that the bottom frame (22) includes the holes (215)?
Claim 5 recites the limitation "the horizontal length l” in Line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the horizontal width w” in Line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the vertical height h” in Line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the horizontal length L” in Line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the horizontal width W” in Line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the vertical height H” in Line 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the angle” in Line 11. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the axis of direction” in Lines 11-12. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the horizontal direction” in Line 12. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the bottom” in Line 16. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the diameter" in the last line. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the ball" in the last line. There is insufficient antecedent basis for this limitation in the claim. Furthermore, applicant appears to be comparing a width of entry gaps to the width of a “ball”? Therefore, it is indefinite and unclear as to whether applicant is actually claiming the “ball” or whether the “ball” is meant to be the intended use of the structure as recited.
Claim 6 recites the limitation "the number of elastic elements" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the same side" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the distance between …" in lines 9-10. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the side” in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the middle part” in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the connecting head (12)” in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the sides” in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the fastening degree” in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the bottom” in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the first connection holes (211)” in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the first connecting component” in line 3. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 10, the phrase "can" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 11 recites the limitation "The wire diameter” in Line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the number of coils” in Line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the coil diameter” in Line 3. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 11, the phrase "can also" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 11 recites the limitation "the middle portion” in Line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "the side” in Line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "the end” in Line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "the first fixed hole (1111)” in the last line. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the end” in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the top” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the side away” in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the end” in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the second insertion hole” in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the end” in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the top” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the end” in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the side” in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation "the bottom” in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation "the front” in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the wall” in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the insertion hole” in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the snap button protrusion” in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the end” in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the bottom” in lines 5-6. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the direction” in line 6. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 18, the phrase "can be" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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.
(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) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 219681614 (Kong).
Regarding Claims 1-4, Kong teaches: Claim 1 - a ball-picking structure, comprising: a ball-picking structure, comprising a handle section (5) connected to a container (1/6); wherein: the container (1/6) includes a container wall (6); the container wall (6) is connected to connecting arms (2) on opposite sides at the bottom, with the connecting arms (2) on both sides extending towards each other within the container (1/6) to form connecting rods (top portion of element (2)), wherein the connecting rods (top portion of element (2)) are connected to the handle section (5). The container wall (1/6) forms a ball exit at the top; the bottom of the container (1) is connected to n elastic elements (7), forming (n+1) ball entry gaps within the bottom frame (1), where the width of the ball entry gap is smaller than the diameter of the ball, (Figures 1-7); Claim 2 - wherein: the handle section (5) comprises a shaft body (5) and a connecting head (4) that connects the shaft body (11) to the connecting rod (2). At one end of the connection between the shaft body (5) and the connecting head (4), there is a snap button protrusion (51), and at the other end of the shaft body (5), opposite to the end where the snap button protrusion (51) is located, there is a hanging hole (seen in Figure 3). On the side of the hanging hole (seen in Figure 3) near the snap button protrusion (51), there are multiple grooves (seen in Figure 3) arranged around the shaft body (5), (Figures 1-7); Claim 3 - wherein: at the end where the connecting head (4) is connected to the shaft body (5), there is an insertion hole (42) for inserting the shaft body (5), and the wall of the insertion hole (42) has a snap hole (43) corresponding to the snap button protrusion (52); the size of the snap hole (43) is consistent with the size of the snap button protrusion (52), (Figures 1-7); Claim 4 - at the bottom of the container wall (1), there are elastic element connection holes (12) on opposite sides, the number of which is consistent with the number of elastic elements (7), (Figures 1-7).
Allowable Subject Matter
Claims 5-19 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Josh Rodden whose telephone number is (303) 297-4258. The examiner can normally be reached on M-F, 8-5 MST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Michener can be reached on (571) 271467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSHUA E RODDEN/ Primary Examiner, Art Unit 3642
