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). The drawings must show every feature of the invention specified in the claims. Therefore, the first, second, and third limiting plates, limiting housing, first and second limiting members, and first and second limiting ends must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. While reference numbers are present in Fig. 4 for these elements, they share positions with each other (i.e. 131/144, 151/ 134, 133/150, 135/152). Thus, it is impossible to structurally differentiate these features as depicted in the drawing and as claimed. For the level of specificity claimed for these components, the examiner recommends a figure with an exploded view showcasing individual components.
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.
Specification
The disclosure is objected to because of the following informalities: In paragraph 0055, lines 4-5, “the first transverse rod 110, the first transverse rod 111” should be “the first transverse rod 110, the second transverse rod 111”.
Appropriate correction is required.
Claim Objections
Claim 6 is objected to because of the following informalities: In lines 5-6, “the second end comprises” should be “the second rod comprises”. 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 7-8 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 "each first rod" and “the second rod” in lines 1 and 3. There is insufficient antecedent basis for this limitation in the claim. While there are many types of rods referenced throughout the claim set, a “first rod” and “second rod” are only referenced in claim 6, which claim 7 is not dependent on. The examiner is interpreting this to mean the rods pictured as 170 and 172 in Fig. 8. Appropriate correction is required.
Claims that are not discussed above but are cited to be rejected under 35 U.S.C. 112(b) are also rejected because they inherit the deficiencies of the claims they respectively depend upon.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3, 5-6, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over US 20030153412 (hereinafter “Duba”) in view of US 20120100940 (hereinafter “Hajarian”).
Regarding claim 1, Duba discloses a goal frame (Fig. 1, 1 – apparatus) that has
connecting rods (Fig. 1, 6 – rods); and
movable corner joints (Fig. 1, 4 – corner joints);
wherein adjacent two of the connecting rods are movably connected through a corresponding one of the movable corner joints, and the connecting rods are connected end to end through the movable corner joints to form the goal frame (Para. 0054);
each of the movable corner joints comprises a first housing (Fig. 14a, 406 and 408 – cap and plates) and a second housing (Fig. 14a, 402 and 404 – cap and plates) connected to each other, the first housing is rotatable with respect to the second housing within a predetermined angle range (Para. 0078), and a connection direction of each adjacent two of the connecting rods is different (Para. 0078);
the first housing rotates to drive one of the rods to rotate, so that the goal frame is switched between a first state (Fig. 1) and a second state (Fig. 4).
Duba does not disclose that the connecting rods have first connecting rods and second connecting rods adjacent to each other, an end of each of the first connecting rods is connected to a corresponding first housing, and an end of each of the second connecting rods close to a corresponding first connecting rod is connected to a corresponding second housing. However, Hajarian, in the analogous art of foldable goals, discloses a frame with poles made up of a first connecting rod (Fig. 1, 12 – pole) and a second connecting rod (Fig. 1, 13 – pole) that engages corresponding housing of corner joints (Fig. 1, 10 – joint hinge). Thus, it would be obvious to a person having ordinary skill in the art at the time of filing to have connecting rods that break down into smaller parts to reduce storage size when folding. Further, the making of an integral rod into two separate pieces is held to be a design choice that would be obvious to an ordinary person in the art.
Regarding claim 2, modified Duba further discloses a goal frame that the first housing and the second housing each comprises a first connecting member (Duba, Fig. 14a, 402 and 406 – caps) and a second connecting member (Duba, Fig. 14a, 404 and 408 – plates); a first end of the first connecting member is connected to the second connecting member, and a second end of the first connecting member distal from the second connecting member defines an opening (Duba, Fig. 14a);
a rotating shaft is disposed in a middle portion of the second connecting member of the first housing (Duba, Fig. 14a, 416 – bolt), the second connecting member of the second housing defines a rotating shaft hole at a position corresponding to the rotating shaft (Duba, Fig. 14a, 417 – center), the rotating shaft is inserted into the rotating shaft hole, so that the second connecting member of the first housing is connected to the second connecting member of the second housing.
Regarding claim 3, modified Duba further discloses a goal frame that a first limiting member is disposed on the second connecting member of the first housing (Duba, Fig. 14a, 408 edge – under broadest reasonable interpretation, circumference/edges of plate 408 will limit movement), a second limiting member is disposed at a position of the second connecting member of the second housing corresponding to the first limiting member (Duba, Fig. 14a, 404 opening – under broadest reasonable interpretation, the dimensions of the opening in the plates will prevent motion at a specific point and act as a limiting member), and the first limiting member is movably connected to the second limiting member (Duba, Para. 0079);
the second limiting member comprises a first limiting end (Duba, Fig. 14a, 404 – right side of opening) and a second limiting end (Duba, Fig. 14a, 404 – left side of opening); when the first housing rotates to be in the first state (Duba, Fig. 1) with respect to the second housing, the first limiting member abuts against the first limiting end, and when the first housing rotates to be in the second state (Duba, Fig. 4) with respect to the second housing, the first limiting member abuts against the second limiting end. If there is any doubt in the examiner’s interpretation, the Applicant is reminded that features such as the limiting member and limiting ends are objected to in the drawings due to lack of structure disclosed in the drawings and/or the specification. Therefore, these claim features are being viewed under broadest reasonable interpretation.
Regarding claim 5, modified Duba further discloses a goal frame that first connecting rods comprise a first transverse rod, a third supporting rod, and a fourth supporting rod, and the second connecting rods comprise a second transverse rod, a first supporting rod, and a second supporting rod;
two ends of the first transverse rod are respectively connected to an end of the first supporting rod and an end of the second supporting rod, an end of the first supporting rod distal from the first transverse rod is connected to an end of the third supporting rod, an end of the second supporting rod distal from the first transverse rod is connected to an end of the fourth supporting rod, and an end of the third supporting rod distal from the first supporting rod and an end of the fourth supporting rod distal from the second supporting rod are respectively connected to the second transverse rod; the movable corner joints comprise a first movable corner joint, a second movable corner joint, a third movable corner joint, a fourth movable corner joint, a fifth movable corner joint, and a sixth movable corner joint; the first movable corner joint is connected between ends of the first transverse rod and the first supporting rod, the second movable corner joint is connected between ends of the first transverse rod and the second supporting rod, the third movable corner joint is connected between ends of the first supporting rod and the third supporting rod, the fourth movable corner joint is connected between ends of the second supporting rod and the fourth supporting rod, the fifth movable corner joint is connected between ends of the second transverse rod and the third supporting rod, and the sixth movable corner joint is connected between ends of the second transverse rod and the fourth supporting rod;
the first movable corner joint between the first transverse rod and the first supporting rod and the second movable corner joint between the first transverse rod and the second supporting rod respectively drive the first supporting rod and the second supporting rod to rotate toward a direction of the first transverse rod, and the first supporting rod and the second supporting rod are respectively folded with respect to the first transverse rod; the third movable corner joint between the first supporting rod and the third supporting rod drives the third supporting rod to rotate toward a direction of the first supporting rod, and the third supporting rod is folded with respect to the first supporting rod; the fourth movable corner joint between the second supporting rod and the fourth supporting rod drives the fourth supporting rod to rotate toward a direction of the second supporting rod, and the fourth supporting rod is folded with respect to the second supporting rod; the fifth movable corner joint between the second transverse rod and the third supporting rod and the sixth movable corner joint between the second transverse rod and the fourth supporting rod respectively drive the third supporting rod and the fourth supporting rod to rotate toward a direction of the second transverse, and the third supporting rod and the fourth supporting rod are respectively folded with respect to the second transverse rod. See annotated Duba Fig. 1 below. Though only four corner joints are marked on Duba’s original figure, the examiner takes the stance that it is obvious that there could be six due to the geometry of the goal frame (Duba does not specify an amount, just that there is a plurality in Para. 0006). Further, if there is any doubt in this interpretation, Hajarian discloses six corner joints in a folding goal frame (Fig. 1, 10 – joints). Thus, it would be obvious to a person having ordinary skill in the art at the time of filing have six arranged corner joints to complement the geometry of the frame for compact folding.
lines 23-39 (third paragraph) recite intended use of the apparatus. Both Duba and Hajarian teach goal frames (Duba, Fig. 1 and Hajarian, Fig. 1) with the same geometry as the Applicant’s, and have similar architecture when folded (Duba, Fig. 4 and Hajarian, Fig. 4). If a prior art structure is inherently capable of performing the intended use as recited, then it shifts the burden to applicant to establish that the prior art does not possess the characteristic relied on. See MPEP 2114 - In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997).
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Regarding claim 6, modified Duba further discloses the first transverse rod, the second transverse rod, the first supporting rod, the second supporting rod, the third supporting rod, and the fourth supporting rod each comprises a first rod (Hajarian, Fig 1, 13 - pole) and a second rod (Hajarian, Fig. 1, 12 – pole), and the first rod and the second rod are both hollow structures (Hajarian, Fig. 5 – shows hollow slice-through view of poles);
the first rod comprises a first telescopic end and a first connecting end, the second rod comprises a second telescopic end and a second connecting end, the first telescopic end is close to the second telescopic end, and the first connecting end is distal from the second connecting end (Hajarian, Fig. 1, Para. 0017); the first connecting end and the second connecting end are respectively connected to corresponding movable corner joints (Duba, Fig. 1, 4 – corner joints), the first telescopic end is nested in the second rod and extends and retracts along a length direction of the second rod; a limiting protrusion (Hajarian, Fig. 1, 15 – lock pin, Para. 0017) is disposed on the first telescopic end, the second telescopic end defines a limiting groove (Hajarian, Fig. 1, 14 – hole) at a position corresponding to the limiting protrusion, and the limiting protrusion is embedded in the limiting groove (Hajarian, Para. 0017). Reasons for combination of two-part rods are as stated supra in claim 1. Additionally, Hajarian discloses that making the rods telescoping with a lock pin and hole allows the user to “to increase the length or height of the goal as needed without any disassembly or any need for any tools” (Para. 0005). Thus, it would be obvious to a person having ordinary skill in the art at the time of filing to include telescoping rods to the design of Duba so that one may easily adjust the goal dimensions.
Regarding claim 9, modified Duba discloses all the limitations of the goal frame of claim 1, and further discloses a ball net (Duba, Fig. 1, 8 – netting), wherein the goal frame is connected to the ball net.
Allowable Subject Matter
Claim 4 is 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.
Claims 7-8 would be allowable if rewritten 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 and to include 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:
Claim 4 would be allowable for disclosing a limiting post and a limiting housing disposed in the second in the second connecting member of the second housing.
While foldable goal frames exist in the prior art, as seen in Duba and Hajarian, the level of specificity in the claimed structure of the corner joints is difficult to find. This includes components such as the limiting housing and limiting post. It should be noted however, that other analogous art shows a buffer layer between goal frames as recited in claim 4 (see US 20170095716); however, it is not in combination with the rest of the elements.
Claim 7 would be allowable for disclosing first and second fixing grooves and protruding strips, which was not seen in the prior art as claimed. Different methods and structures of connecting rods were found (such as in JP 2002126145), however not in the disclosed combination.
Claim 8 would be allowable because of its dependence on claim 7.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMANTHA M BERRY whose telephone number is (571)272-0925. The examiner can normally be reached M-F: 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eugene Kim can be reached at (571) 272-4463. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.M.B./Examiner, Art Unit 3711 /EUGENE L KIM/Supervisory Patent Examiner, Art Unit 3711