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
Figure 1-4 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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 Rejections - 35 USC § 102
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 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.
Claim(s) 1-5 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Freehill et al US 2021/0275074 (“Freehill”).
As per claim 1, Freehill discloses A system for measuring surface pressure (grip assessment system 200)(Figs. 2-3 and paragraphs [0060]-[0083] in conjunction to [0006]-[0012], and [0031]-[0040]) comprising: a housing body (device 202) (Fig.2 [0060]-[0071]) comprising: an exterior surface layer (grip surface 210)(Fig. [0062] and [0064]); an internal core (core 206)(Fig. 2; [0062]-[0063] and [0065]); a sensor assembly disposed between said exterior surface layer and said internal core (sensor grid 214)(Fig. 2; [0064]-[0066]), wherein said sensor assembly is configured to produce sensor data, wherein said sensor data represents pressure-related activity on said exterior surface layer (sensor grid is configure to provide grip profile data relative to a pressure upon device 202)(Fig. 2 in conjunction to at least [0012], [0049], [0063], [0068] and [0069]); a processing assembly comprising: a local memory; a communications element configured to transmit sensor data; and a microcontroller configured to process sensor data (controller 212 in communication with computing device 204 to transmitted data regarding the user’s pressure upon device 202)(Fig. 2 in conjunction to [0060]-[0071]).
As per claim 2, Freehill discloses wherein said sensor assembly is a fabric sensor mesh (sheet/film gris sensor 214)(Fig. 2 and [0064]-[0066] in conjunction to Figs. 12-16 and [0012], [0097] and [0098]).
As per claim 3, Freehill discloses wherein said processing assembly further comprises: a first processing unit disposed within said housing body and having said local memory, said communications element, and said microcontroller (controller means 212 within device 202)(Fig. 2 and [0063]); and a second processing unit external relative said housing body, wherein said first processing unit and said second processing unit are communicably coupled, wherein said second processing unit is configured to store data received from said first processing unit in an external memory (computing device 204 in communication with processor 212 to receive data regarding pressure applied thereon)(Fig. 2; and [0060], [0063] and [0068]-[0071]).
As per claim 4, Freehill discloses wherein said housing body is a baseball (Fig. 2 and [0061] and [0073]; see also [0007], [0008] and [0032]-[0036] as the grip assessment device is a baseball).
As per claim 5, with respect to wherein said processing assembly is configured to analyze said sensor data to generate time and location-coded pressure data which represents a player's exertion of pressure at one or more locations on said exterior surface layer, note Fig. 2 (at least [0063]-[0069]) as well as Fig. 2 (at least [0073], [0076] and [0078]) in conjunction to [0012] and [0048], as the processing means of the device 202 to transmit data regarding a user’s pressure thereupon to computing device 204.
As per claim 10, Freehill discloses a system for measuring surface pressure (grip assessment system 200)(Figs. 2-3 and paragraphs [0060]-[0083] in conjunction to [0006]-[0012], and [0031]-[0040]) comprising: a substantially spherical housing body(device 202) (Fig.2 [0060]-[0071]; see at least [0061] as the device is baseball) comprising: an exterior surface layer (grip surface 210)(Fig. [0062] and [0064]); an internal core (core 206)(Fig. 2; [0062]-[0063] and [0065]); a sensor assembly disposed between said exterior surface layer and said internal core (sensor grid 214)(Fig. 2; [0064]-[0066]), wherein said sensor assembly is a sensor mesh(Fig. 2 and [0064]-[0066] in conjunction to Figs. 12-16 and [0012], [0097] and [0098]) configured to produce sensor data, wherein said sensor data represents pressure-related activity on said exterior surface layer (sensor grid is configure to provide grip profile data relative to a pressure upon device 202)(Fig. 2 in conjunction to at least [0012], [0049], [0063], [0068] and [0069]); a processing assembly operably coupled to said sensor assembly (Figs. 2-3 [0060]-[0084]) comprising: a first processing unit disposed within said housing body and comprising: a local memory; a communications element configured to transmit sensor data; a microcontroller configured to process sensor data (controller means 212 within device 202)(Fig. 2 and [0063]); a second processing unit external relative said housing body, wherein said first processing unit and said second processing unit are communicably coupled, wherein said second processing unit is configured to store received data from said first processing unit in an external memory (computing device 204 in communication with processor 212 to receive data regarding pressure applied thereon)(Fig. 2; and [0060], [0063] and [0068]-[0071]).
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.
Claim(s) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Freehill.
As per claim 6, with respect to wherein said sensor assembly is at least one discrete sensor, in this embodiment, Freehill is not specific as the pressure senor means is at least one discrete sensor. However, in the embodiment of Fig. 1, Freehill discloses the use of sensor assembly is at least one discrete sensor (sensor element 108 is discrete sensor)([0046]; see also at least [0012] and [0032]).
Therefore, 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 to form Freehill’s with discrete sensor for the reason that a skilled artisan would have been motivated by Freehill’s suggestions to use a known sensor means (such as a discrete sensor) configure to provide data regarding pressure to provide a user a grip profile data.
As per claim 7, Freehill discloses wherein said processing assembly further comprises: a first processing unit disposed within said housing body and having said local memory, said communications element, and said microcontroller (controller means 212 within device 202)(Fig. 2 and [0063]); and a second processing unit external relative said housing body, wherein said first processing unit and said second processing unit are communicably coupled, wherein said second processing unit is configured to store data received from said first processing unit in an external memory (computing device 204 in communication with processor 212 to receive data regarding pressure applied thereon)(Fig. 2; and [0060], [0063] and [0068]-[0071]). Note also [0056]-[0057], and [0068] regarding a memory unit (e.g., memory 226).
As per claim 8, Freehill discloses wherein said housing body is a baseball (Fig. 2 and [0061] and [0073]; see also [0007], [0008] and [0032]-[0036] as the grip assessment device is a baseball).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Freehill as applied to claim 6 above, and further in view of Brett et al US 7,406,386 (“Brett”).
As per claim 9, Freehill is not specific regarding wherein said processing assembly is configured to analyze said sensor data to generate time and location-coded pressure data which represents a player's exertion of pressure at one or more locations on said exterior surface layer.
However, in a field of utilizing means to provide data for dynamic forces for sport implements, Brett discloses wherein a processing assembly is configured to analyze sensor data to generate time and location-coded pressure data which represents a player's exertion of pressure at one or more locations on said exterior surface layer (Fig. 1 and 3:48-4:10 regarding processor 8; Fig. 2 (4:14-62), regarding sensing means (load bearing means 20) and Fig. 3 (4:64-5:10), regarding data of the measured pressure relevant to location and time). Therefore, 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 to form Freehill’s wherein said processing assembly is configured to analyze said sensor data to generate time and location-coded pressure data which represents a player's exertion of pressure at one or more locations on said exterior surface layer for the reason that a skilled artisan would have been motivated combining prior art elements according to known methods to yield predictable results of including any desirable data that assist an athlete in acquiring data relevant to his performances.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMIR ARIE KLAYMAN whose telephone number is (571)270-7131. The examiner can normally be reached Monday-Friday; 7:00 AM-4:30 PM.
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/A.A.K/Examiner, Art Unit 3711 3/3/2026 /JOHN E SIMMS JR/Primary Examiner, Art Unit 3711