DETAILED ACTION
This Office action is in response to amendments received 13 March 2026.
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 Objections
Claims 11-20 are objected to because of the following informalities:
Regarding claim 11, line 12, “the pole member” should be changed to the pole assembly.
Regarding claim 12, line 2, “of claim 11” should be deleted since the claim’s dependency is already established in line 1 of the claim.
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 7, 10, and 14-16 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 7 recites the limitation "the score" in line 1. There is insufficient antecedent basis for this limitation in the claim. It is suggested to change the claim’s dependency from claim 1 to claim 6 to remedy this rejection.
Regarding claim 10, line 2, it is unclear if “an optical…sensor” is the same as the at least one optical sensor introduced in line 18 of claim 1.
Claim 14 recites the limitation "the optical sensors" in line 2. There is insufficient antecedent basis for this limitation in the claim. Claim 11, from which the claim depends, recites “at least one optical sensor.” Multiple optical sensors are not required. It is suggested to change “the optical sensors” to the at least one optical sensor to remedy this rejection.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2, 4-7, 9-12, and 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Arciniega (US 5,035,423) in view of Marty et al. (US 9,283,431 B2; hereinafter Marty).
Regarding claims 1, 4-7, and 10, Arciniega discloses a dynamic basketball game system [10], comprising: a substantially cubical base assembly [40] having a proximal end [50], a distal end [14], a first side [16], a second side [18], a top portion [42], and a bottom portion [A] (see annotated Figure 1 below for all reference letters), the base assembly [40] having a substantially linear channel assembly [54] extending through the top portion [42] from the proximal end [50] toward the distal end [14]; a basketball hoop assembly [20] having at least a pole assembly [26, 28], a hoop member [24], and a backboard assembly [22], the hoop member [24] and the backboard assembly [22] coupled to an upper portion of the pole assembly [26, 28]; the basketball hoop assembly [20] further adapted to be rotatable (via motor [30], upper pole [26], and lower pole [28]) on a vertical axis formed by the pole assembly [26, 28], the pole assembly [26, 28] substantially perpendicular to the linear channel assembly [54]; a pedestal assembly [B] proximate to the cubical base assembly [40] at the proximal end [50] of the cubical base assembly [40] and in communication with at least one controller assembly [56], a game space [C] disposed substantially above the combined pedestal assembly [B] and cubical base assembly [40]; the pedestal assembly [B] and an interactivity space [D] disposed above a substantially planar upper surface of the pedestal assembly [B]; and at least one ball return assembly [42, 52] disposed in connection with the cubical base assembly [40] adapted to mechanically convey (via slanted surfaces) a ball member launched from the pedestal assembly [B] and mechanically return the ball member in proximity to the pedestal assembly [B] (col. 3 line 36 – col. 5 line 47, Figures 1-6, and annotated Figure 1 below). Arciniega does not disclose at least one optical sensor, at least one additional sensor, at least one LED, or at least one or more of an optical, audio, motion, weight, and biometric sensor. Marty, however, teaches a similar dynamic basketball game system [700 and/or 702], comprising: a pedestal assembly [109], a game space (above playing surface [109]), at least one controller assembly [116, 704, and/or 722], and at least one optical sensor [118, 724, and/or 728] adapted to detect physical motion within the game space (above playing surface [109]), the at least one optical sensor [118, 724, and/or 728] further adapted to detect a position of a user (col. 28 lines 54-56: “the camera 724 may be used to provide additional information about a body position and body mechanics of the player;” and/or col. 33 lines 51-54” “when a machine vision system is used for the trajectory analysis and feedback, the machine vision location may be also used to determine from which the location the player has shot on the playing surface”) on the pedestal assembly [109] and communicate position data to the at least one controller assembly [116, 704, and/or 722] to direct the user to a designated shooting position (col. 30 lines 42-44: “the trajectory device 722 may use an analysis of player’s biomechanics to prescribe exercises or drills that could improve a player’s shot;” and col. 30 lines 54-59: “[t]he programmed exercises may comprise types of shots jump, set or bank, distance of shots (e.g., 5 ft, 10 ft, free throw line, under the rim, from the side, etc.), number of shots, etc. For example a prescribed shooting exercise might comprise 5 jump shots from the free throw line, followed by 5 set shots from the 3-point line;” and/or col. 33 lines 18-20: “[t]he training systems…may be operable to direct a player to particular locations on the playing areas 109 as part of a shot program”) on the pedestal assembly [109]; and the at least one controller assembly [116, 704, and/or 722] further adapted to calculate virtual motion (see curve fits [210] in Figure 2) from physical motion (see video frames [200, 201, 202, 203] in Figure 2) wherein physical vectors and derivatives thereof may continue in their trajectories as virtual vectors and derivatives thereof (see Figure 2), further comprising at least one additional sensor (col. 19, line 26: “non-intrusive sensors” and/or col. 33 line 55: “sensors”) used with the optical sensor [118, 724, and/or 728] from a group of motion sensors, pressure sensors (col. 33, line 56: “pressure sensor”), accelerometers (col. 19, lines 26-27: “accelerometers”), and localization grid sensors adapted to determine at least one or more of motion (col. 19 line 35: “measuring accelerations” and col. 33, lines 55-56: “detecting a player’s location”) and quality of motion, quality of motion including vectors non-parallel to a center of mass vector of at least one or more of a user and a ball member, further comprising at least one visual display [716] disposed on the dynamic basketball game system [700 and/or 702] in communication with the at least one controller [116, 724, and/or 728] and adapted to present at least one or more of spatial, temporal, and scoring information (col. 34 lines 28-29 and 43-44), wherein data derived from detected physical motion is adapted to calculate a score from at least one or more of accuracy and form (col. 34, lines 28-29 and col. 35 lines 36-39), wherein the score is further adapted to include at least one difficulty measure (col. 16, lines 23-25: “more complex trajectory curve-fits may be modeled in the present invention that account for drag and spin”), further comprising at least one or more of an optical, audio, motion, weight, and biometric sensor [118, 724, 728, 163, and/or 164] in communication with the at least one controller [116, 724, and/or 728] and adapted to dispose data from which the at least one controller [116, 724, and/or 728] is adapted to identify individual users (col. 20, lines 22-23: “distinguish between two or more players”) (col. 3 lines 30-31, col. 9 line 9 – col. 13 line 32, col. 15 line 41 – col. 16 line 44, col. 19 lines 26-61, col. 20 lines 22-53, col. 21 lines 17-39, col. 27 line 56 – col. 34 line 48, col. 35 lines 36-40, and Figures 1-2 and 10). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to configure Arciniega’s game system to include at least one optical sensor adapted to detect a position of a user and communicate position data to the at least one controller assembly to direct the user to a designated shooting position, wherein the at least one controller assembly is adapted to calculate virtual motion from physical motion, wherein at least one additional sensor is used to determine motion, at least one visual display is adapted to present at least one or more of spatial, temporal, and scoring information, wherein data derived from detected physical motion is adapted to calculate a score which is further adapted to include at least one difficulty measure, wherein at least one or more of an optical, audio, motion, weight and biometric sensor are adapted to dispose data from which the at least one controller is adapted to identify individual users because Marty teaches that this configuration provides a basketball training device which is simple to set-up and operate that provides immediate and objective feedback to players to allow the player to improve their trajectory skills (col. 2 lines 31-37). The modified Arciniega discloses a visual display screen, but does not specifically disclose at least one LED. However, the examiner takes official notice that it is notoriously well known in the art to use LEDs in visual displays because LEDs have high visibility, durability, lifespan, and efficiency compared with older light technology like incandescent bulbs. As applicant did not traverse this statement of official notice provided in the previous office action, it is taken to be admitted prior art.
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Regarding claim 2, the modified Arciniega discloses a dynamic basketball game system of claim 1 wherein at least the hoop member [24] of the basketball hoop assembly [20] is adapted to be vertically movable along the vertical axis formed by the pole assembly [26, 28] (col. 3 lines 40-44, col. 5 lines 19-42, and Figures 1 and 6).
Regarding claim 9, the modified Arciniega discloses a dynamic basketball game system of claim 1 further comprising at least one user interface (integral to controls [56]) in communication with the at least one controller assembly [56] adapted to at least receive data input from users (col. 3 lines 7-13, col. 4 lines 30-34, and Figure 1; wherein the player may vary the distance and angle of the shot via controls [56]).
Regarding claims 11, 14-17, and 20, Arciniega discloses a dynamic basketball game method, comprising: activating a substantially cubical base assembly [40] having a proximal end [50], a distal end [14], a first side [16], a second side [18], a top portion [42], and a bottom portion [A] (see annotated Figure 1 above for all reference letters), the base assembly [40] having a substantially linear channel assembly [54] extending through the top portion [42] from the proximal end [50] toward the distal end [14] and disposed between the first side [16] and the second side [18], a basketball hoop assembly [20] having at least a pole assembly [26, 28], a hoop member [24], and a backboard assembly [22], the hoop member [24] and the backboard assembly [22] coupled to an upper portion of the pole assembly [26, 28]; rotating (via motor [30], upper pole [26], and lower pole [28]) on command the pole assembly [26, 28] of the basketball hoop assembly [20] on a vertical axis formed by the pole assembly [26, 28], the pole member [26, 28] substantially perpendicular to the linear channel assembly [54]; activating a pedestal assembly [B] proximate to the cubical base assembly [40] at the proximal end [50] of the cubical base assembly [40] and in communication with at least one controller assembly [56], a game space [C] disposed above the combined pedestal assembly [B] and cubical base assembly [40]; an interactivity space [D] disposed above a substantially planar upper surface of the pedestal assembly [B] (col. 3 line 36 – col. 5 line 47, Figures 1-6, and annotated Figure 1 above). Arciniega does not disclose detecting physical motion by way of at least one optical sensor, calculating virtual motion from physical motion, calculating a score, presenting scoring information by way of at least one LED, or identifying individual users by way of sensor data. Marty, however, teaches a similar dynamic basketball game method, comprising: providing a pedestal assembly [109], a game space (above playing surface [109]), and at least one controller assembly [116, 704, and/or 722], detecting physical motion by way of having at least one optical sensor [118, 724, and/or 728] within the game space (above playing surface [109]), and calculating by way of the at least one controller assembly [116, 704, and/or 722] virtual motion (see curve fits [210] in Figure 2) from physical motion (see video frames [200, 201, 202, 203] in Figure 2) wherein physical vectors and derivatives thereof may continue in their trajectories as virtual vectors and derivatives thereof (see Figure 2), including determining with at least one from a group of the optical sensors [118, 724, and/or 728] of claim 11, motion sensors, pressure sensors (col. 33, line 56: “pressure sensor”), accelerometers (col. 19, lines 26-27: “accelerometers”), and localization grid sensors at least one or more of motion (col. 19 line 35: “measuring accelerations” and col. 33, lines 55-56: “detecting a player’s location”) and quality of motion, quality of motion including vectors non-parallel to a center of mass vector of at least one or more of a user and a ball member, including calculating a score from at least one or more of accuracy and form data derived from detected physical motion (col. 34, lines 28-29 and col. 35 lines 36-39), including applying a difficultly measure (col. 16, lines 23-25: “more complex trajectory curve-fits may be modeled in the present invention that account for drag and spin”) to the score, including presenting at least one or more of spatial, temporal, and scoring information (col. 34 lines 28-29 and 43-44) by way of at least one visual display [716] disposed on the dynamic basketball game system [700 and/or 702] in communication with the at least one controller [116, 724, and/or 728], including identifying individual users (col. 20, lines 22-23: “distinguish between two or more players”) by way of at least one or more of optical sensor data, audio sensor data, motion sensor data, weight sensor data, and biometric sensor [118, 724, 728, 163, and/or 164] data in communication with the at least one controller [116, 724, and/or 728] (col. 3 lines 30-31, col. 9 line 9 – col. 13 line 32, col. 15 line 41 – col. 16 line 44, col. 19 lines 26-61, col. 20 lines 22-53, col. 21 lines 17-39, col. 27 line 56 – col. 34 line 48, col. 35 lines 36-40, and Figures 1-2 and 10). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention detect physical motion by way of at least one optical sensor, calculate virtual motion from physical motion, calculate a score, present scoring information, and identify individual users in Arciniega’s method because Marty teaches that this method provides a basketball training device which is simple to set-up and operate that provides immediate and objective feedback to players to allow the player to improve their trajectory skills (col. 2 lines 31-37). The modified Arciniega discloses a visual display screen, but does not specifically disclose at least one LED. However, the examiner takes official notice that it is notoriously well known in the art to use LEDs in visual displays because LEDs have high visibility, durability, lifespan, and efficiency compared with older light technology like incandescent bulbs. As applicant did not traverse this statement of official notice provided in the previous office action, it is taken to be admitted prior art.
Regarding claim 12, the modified Arciniega discloses a dynamic basketball game method of claim 11 including vertically moving at least the hoop member [24] of the basketball hoop assembly [20] along the vertical axis formed by the pole assembly [26, 28] (col. 3 lines 40-44, col. 5 lines 19-42, and Figures 1 and 6).
Regarding claim 18, the modified Arciniega discloses a dynamic basketball game method of claim 11 including gravitationally drawing a ball member launched from the pedestal assembly [B] and at least one or more of mechanically and gravitationally returning the ball member in proximity to the pedestal assembly [B], the at least one ball return assembly [40, 52] disposed in connection with the cubical base assembly [40] (col. 3 line 64 – col. 4 line 14 and annotated Figure 1 above).
Regarding claim 19, the modified Arciniega discloses a dynamic basketball game method of claim 11 including receiving data input from a user by way of at least one user interface (integral to controls [56]) in communication with the at least one controller assembly [56] (col. 3 lines 7-13, col. 4 lines 30-34, and Figure 1; wherein the player may vary the distance and angle of the shot via controls [56]).
Allowable Subject Matter
Claims 3 and 13 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: Regarding claim 3, the combination including the pedestal assembly being adapted to be vertically movable along an axis orthogonal to the upper surface of the pedestal assembly in the invention as claimed is neither disclosed nor rendered obvious by the prior art. Regarding claim 13, the combination including vertically moving the pedestal assembly along an axis orthogonal to the upper surface of the pedestal assembly in the invention as claimed is neither disclosed nor rendered obvious by the prior art.
Response to Arguments
Applicant's arguments filed 13 March 2026 have been fully considered but they are not persuasive.
Regarding pages 10-11 of the Remarks, the applicant argued that Marty does not disclose or suggest detecting the position of a user standing on a pedestal assembly or directing the user to a designated shooting position based on positional data. The examiner disagrees. Marty discloses a camera [724] providing additional information about a body position and body mechanics of the player in the playing area [109]. The trajectory device [722] analyzes the player’s body position captured by the camera [724] to provide additional feedback information and/or recommendations that allow a player to improve their shooting skills (col. 28. line 54 – col. 29 line 38). Information related to their shooting mechanics may be provided to the player such that the player improves technique (col. 29 line 39 – col. 30 line 35). The trajectory device [722] may use an analysis of a player’s biomechanics to prescribe exercises or drills that could improve a players shot. The programmed exercises may comprise types of shots jump, set or bank, distance of shots (e.g., 5 ft, 10 ft, free throw line, under the rim, from the side, etc.), number of shots, etc. For example, a prescribed shooting exercise might comprise 5 jump shots from the free throw line, followed by 5 set shots from the 3-point line (col. 30 lines 36-59). Furthermore, the training systems may be operable to determine whether a player is shooting from a particular location. When a machine vision system is used, the system may be used to determine the location from which the player has shot on the playing surface (col. 33 line 49 – col. 34 line 6). The training system may be operable to direct a player to particular locations on the playing areas [109] as part of a shot program (col. 33 lines 18-48). Therefore, Marty discloses at least one optical sensor [724] (also see col. 33 line 51: “machine vision system”) adapted to detect a position of a user (col. 28 lines 54-56: “the camera 724 may be used to provide additional information about a body position and body mechanics of the player;” and/or col. 33 lines 51-54” “when a machine vision system is used for the trajectory analysis and feedback, the machine vision location may be also used to determine from which the location the player has shot on the playing surface”) on the pedestal assembly [109] and communicate position data to the at least one controller assembly [116, 704, and/or 722] to direct the user to a designated shooting position (col. 30 lines 42-44: “the trajectory device 722 may use an analysis of player’s biomechanics to prescribe exercises or drills that could improve a player’s shot;” and col. 30 lines 54-59: “[t]he programmed exercises may comprise types of shots jump, set or bank, distance of shots (e.g., 5 ft, 10 ft, free throw line, under the rim, from the side, etc.), number of shots, etc. For example a prescribed shooting exercise might comprise 5 jump shots from the free throw line, followed by 5 set shots from the 3-point line;” and/or col. 33 lines 18-20: “[t]he training systems…may be operable to direct a player to particular locations on the playing areas 109 as part of a shot program”) on the pedestal assembly [109]. Marty discloses that this system can improve a player’s shot (col. 30 lines 42-44) and/or provide an interactive shooting program (col. 33 lines 18-24). Thus, it would have been obvious to incorporate Marty’s optical sensor into the dynamic basketball game system of Arciniega to improve a player’s shot and/or provide an interactive shooting program.
Regarding page 11 of the Remarks, the applicant argued that neither Arciniega or Marty disclose or suggest the specific ball return assembly that is adapted to mechanically convey a ball member launched from the pedestal assembly and mechanically return the ball member in proximity to the pedestal assembly. The examiner disagrees. Arciniega discloses a ball return device [40] with a return surface [42] which is mounted higher along walls [14] and [16] than rail [48] and platform [50] to create a slanted surface that directs balls toward ball chute [52]. A ramp is a mechanical device known as a simple machine, specifically an inclined plane. A ball rolling down a ramp is a classic example of a mechanical process which converts potential energy into kinetic energy. Therefore, Arciniega discloses at least one ball return assembly [42, 52] disposed in connection with the cubical base assembly [40] adapted to mechanically convey (via slanted surfaces) a ball member launched from the pedestal assembly [B] and mechanically return the ball member in proximity to the pedestal assembly [B] (col. 3 line 64 – col. 4 line 30 and annotated Figure 1 above). As such, the examiner maintains that Arciniega in view of Marty still anticipates claim 1.
Regarding pages 12-13 of the Remarks, the applicant argued that neither Arciniega nor Marty disclose or suggest detecting physical motion within an interactivity space disposed above a pedestal assembly as part of a gameplay system configured to calculate virtual motion from detected physical motion. The applicant further argued that Marty dos not disclose or suggest detecting physical motion within the defined interactivity space and calculating virtual motion vectors derived from physical motion. The examiner disagrees. Arciniega discloses an interactivity space [D] disposed above a pedestal assembly [B] (annotated Figure 1 above). Marty discloses detecting physical motion by way of having at least one optical sensor [118, 724, and/or 728] within the game space (above playing surface [109]), and calculating by way of the at least one controller assembly [116, 704, and/or 722] virtual motion (see curve fits [210] in Figure 2) from physical motion (see video frames [200, 201, 202, 203] in Figure 2) wherein physical vectors and derivatives thereof may continue in their trajectories as virtual vectors and derivatives thereof (see Figure 2) (col. 9 line 9 – col. 13 line 32, col. 15 line 41 – col. 16 line 44, col. 27 line 56 – col. 34 line 48, and Figures 1-2 and 10). As such, the examiner maintains that Arciniega in view of Marty still anticipates claim 11.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AUDREY B. WALTER whose telephone number is (571)270-5286. The examiner can normally be reached Monday - Friday: 8:30 am - 4:30 pm.
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/AUDREY B. WALTER/Primary Examiner, Art Unit 3711
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