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 .
DETAILED ACTION
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 12/28/2023 was/were considered by the examiner.
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) 1-6 and 9-14 are rejected under 35 U.S.C. 103 as being unpatentable over Brennemen US 4927161 in view of Heyman US 4641870.
Regarding claim 1, Brenneman discloses a game system comprising:
a playing board comprising: a frame (16, 17, 18) being elongated between a first end (tether end) and a second end (opposite of first end) of the frame, the frame comprising a top wall (14) defining a plurality of holes (15) which extend through the top wall.
However, it does not teach that the plurality of holes being positioned adjacent to the first end of the frame, and a guard being coupled to the frame at the first end, the guard comprising a durable material sufficient to protect the frame from impacts.
Applicant has not disclosed that having he plurality of holes being positioned adjacent to the first end of the frame solves any stated problem or is for any particular purpose above allowing for the player a place to stand. It appears that Brenneman would perform equally well with the plurality of holes being positioned adjacent to the first end of the frame as claimed by applicant. Thus, absent persuasive evidence that the particular configuration of the claimed limitation is significant, it would have been an obvious matter of design choice, before the effective filing date of the claimed invention, to modify placement of the holes as taught by Brennemen by utilizing the hole placement to be adjacent to the front end of the frame as claimed for the purpose of allowing for a player to stand there during play. See, In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) and In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
Heyman teaches vehicle with a guard (7) comprising a durable material sufficient to provide protection from impacts (Abstract). Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the front end of the frame as taught by Brennemen by utilizing a guard as taught by Heyman in order to provide protection from impacts.
Regarding claim 2, Brennemen further discloses that the holes of the plurality of holes of the frame are aligned along a line extending from the first end to the second end of the frame (Fig. 1).
Regarding claim 3, Brennemen further discloses that the plurality of holes of the frame includes three holes (Fig. 1).
Regarding claim 4, Brennemen further discloses that the holes of the plurality of holes are equal in size and shape to each other (Fig. 1).
Regarding claim 5, Brennemen further discloses that each hole of the plurality of holes has a circular shape (Fig. 1).
Regarding claim 6, Brennemen further discloses that the frame of the playing board further comprises: a perimeter wall being coupled to and extending downwardly from the top wall (Fig. 4); and a cross member (18) being coupled to and extending between a pair of lateral portions (17) of the perimeter wall, the cross member being positioned between the first end and the second end of the top wall (Fig. 4).
Regarding claim 9, Brennemen further discloses that the durable material of the guard comprises a metal (col. 2 n. 63).
Regarding claim 10, the combination further teaches that the guard of the playing board has an L- shape, a first portion of the L-shape covering the first end of the frame, a second portion of the L-shape extending below the frame (Heymen, Fig. 2).
Regarding claim 11, Brennemen further discloses a plurality of projectiles (13), each projectile of the plurality of projectiles having a size and shape such that each projectile is insertable alternately through each hole of the plurality of holes of the frame of the playing board (Fig. 1).
Regarding claim 12, Brennermen further discloses that each projectile of the plurality of projectiles has a circular disc shape (Fig. 1).
Regarding claim 13, Brennermen further discloses that the playing board is one of a pair of playing boards (Fig. 1), each playing board of the pair of playing boards comprising: a frame being elongated between a first end and a second end of the frame, the frame comprising a top wall defining a plurality of holes which extend through the top wall, the plurality of holes being positioned adjacent to the first end of the frame; and a guard being coupled to the frame at the first end, the guard comprising a durable material sufficient to protect the frame from impacts (see claim 1).
Regarding claim 14, Brennermen further discloses a tether (12) being coupled to and extending between the pair of playing boards, the tether being coupled adjacent to the first end of the frame of each playing board of the pair of playing boards (Fig. 1).
Claim(s) 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Brennemen US 4927161 in view of Heyman US 4641870 as applied to claim 1 above and further in view of Blasingame US 4012042.
Regarding claim 7, Brennemen does not teach that the playing board further comprises a pad being coupled to the frame, the pad covering a top side of the top wall of the frame, the pad comprising a friction enhancing material, the pad having an upper surface configured for supporting a user, the pad defining a plurality of openings, each opening of the plurality of openings being aligned with an associated hole of the plurality of holes of the top wall.
Blasingame teaches a tossing game comprising a playing board with a pad (54) being coupled to a frame, the pad covering a top side of the top wall of the frame (Fig. 5), the pad comprising a friction enhancing material, the pad having an upper surface configured for supporting a user, the pad defining a plurality of openings (Fig. 5), each opening of the plurality of openings being aligned with an associated hole of the plurality of holes of the top wall (Fig. 5). Blasingame so teaches in order to minimize bounding of the projectiles and the noise associated therewith (col. 4 ln. 62-67). Thus it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the frame of the combination by utilizing a pad covering as taught by Blasingame in order to minimize bounding of the projectiles and the noise associated therewith.
Regarding claim 8, the combination further discloses that the friction enhancing material comprises rubber (col. 4 ln. 62-67).
Claim(s) 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Brennemen US 4927161 in view of Heyman US 4641870 as applied to claim 1 above and further in view of Davis S 8807569.
Regarding claim 15, Brennermen does not teach that the playing board further comprises a plurality of perimeter light sources being coupled to the perimeter wall of the frame, the plurality of perimeter light sources being distributed along a pair of lateral sides of the frame and between the pair of lateral portions at the second end of the frame.
Davis teaches a tossing game comprising a plurality of perimeter light sources (75) being coupled to the perimeter wall of the frame (Fig. 1), the plurality of perimeter light sources being distributed along a pair of lateral sides of the frame and between the pair of lateral portions at the second end of the frame (Fig. 1). Davis so teaches in order to enhance game enjoyment (col. 4 ln. 1-16). Thus it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the perimeter wall as taught by Brennermen by utilizing perimeter lights as taught by Davis in order to enhance game enjoyment.
Regarding claim 16, the combination further teaches a plurality of hole light sources being coupled to the top wall of the frame, the plurality of hole light sources (105, 110) being distributed along a periphery of each hole of the plurality of holes (Davis, Fig. 2). Davis so teaches in order to detect when an object enters the hole (col. 4 ln. 57-col. 5 ln. 4). Thus it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the plurality of holes as taught by Davis by utilizing the light sources therein as taught by Davis in order to detect when an object enters therein.
Claim(s) 17 is rejected under 35 U.S.C. 103 as being unpatentable over Brennemen US 4927161 in view of Heyman US 4641870 and Blasingame US 4012042.
Regarding claim 17, the combination teaches a game system comprising:
a pair of playing boards, each playing board of the pair of playing boards comprising: a frame being elongated between a first end and a second end of the frame, the frame comprising: a top wall defining a plurality of holes which extend through the top wall, the plurality of holes being positioned adjacent to the first end of the frame (see claim 1), the plurality of holes being aligned along a line extending from the first end to the second end of the frame (see claim 2), the plurality of holes comprising three holes (see claim 3), the plurality of holes being equal in size and shape to each other (see claim 4), each hole of the plurality of holes having a circular shape (see claim 5);
a perimeter wall being coupled to and extending downwardly from the top wall; and a cross member being coupled to and extending between a pair of lateral portions of the perimeter wall, the cross member being positioned between the first end and the second end of the top wall (see claim 6);
a pad being coupled to the frame, the pad covering a top side of the top wall of the frame, the pad comprising a friction enhancing material, the friction enhancing material comprising rubber, the pad having an upper surface configured for supporting a user, the pad defining a plurality of openings, each opening of the plurality of openings being aligned with an associated hole of the plurality of holes of the top wall (see claims 7-8); and
a guard being coupled to the frame at the first end, the guard comprising a durable material sufficient to protect the frame from impacts (see claim 1), the durable material comprising a metal (see claim 9), the guard having an L-shape, a first portion of the L-shape covering the first end of the frame, a second portion of the L-shape extending below the frame (see claim 10);
a tether being coupled to and extending between the pair of playing boards, the tether being coupled adjacent to the first end of the frame of each playing board of the pair of playing boards (see claim 14); and
a plurality of projectiles, each projectile of the plurality of projectiles having a size and shape such that each projectile is insertable alternately through each hole of the plurality of holes of the frame of each playing board of the plurality of playing boards (see claim 11), each projectile of the plurality of projectiles having a circular disc shape (see claim 12).
Claim(s) 18 is rejected under 35 U.S.C. 103 as being unpatentable over Brennemen US 4927161 in view of Heyman US 4641870 and Blasingame US 4012042 as applied to claim 17 above and further in view of Davis S 8807569.
Regarding claim 18, the combination further teaches that each playing board of the pair of playing boards further comprises: a plurality of perimeter light sources being coupled to the perimeter wall of the frame, the plurality of perimeter light sources being distributed along a pair of lateral sides of the frame and between the pair of lateral portions at the second end of the frame (see claim 15); a plurality of hole light sources being coupled to the top wall of the frame, the plurality of hole light sources being distributed along a periphery of each hole of the plurality of holes (see claim 16).
However it does not teach a power supply or power switch with their associated limitations.
Davis further teaches a power supply (90) being coupled to the frame, the power supply being selectively electrically couplable to the plurality of perimeter light sources and the plurality of hole light sources (Fig. 4), the power supply comprising a battery (90); and a power switch (95, 96) being electrically coupled to the power supply, the plurality of perimeter light sources (Fig. 4), and the plurality of hole light sources (Fig. 5), the power switch being operable to selectively electrically couple the power supply to the plurality of perimeter light sources and the plurality of hole light sources (Fig. 4). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the game as taught by the combination by utilizing the power supply and power switch as taught by Davis in order to supply power to the lights.
Conclusion
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/BRIAN O PETERS/Primary Examiner, Art Unit 3711