OFFICE ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Applicant filed a claim set on 10/10/2023. Claims 1–8 are pending.
Drawings
Replacement drawings were received on 12/28/2023. These drawings are not accepted and are objected to for the following reasons:
The content is no longer consistent with the original drawings:
The legends for FIG. 2 and FIG. 3 have been swapped. (This change is also inconsistent with ¶ 0018 and 0019 of the specification).
Other drawing elements match the original drawing content, yet should be corrected for consistency with the specification:
FIG. 2 (sheet 2/3) refers to what is believed to be the track as element 3. However, element 3 has been defined as the basket in the other drawing and the specification. Applicant may want to label this track as element 10.
FIG. 3 (sheet 3/3) refers to the panel board as 7; it should be referred to as 1 for consistency with the other figure and the specification.
New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because of the above error(s). The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) ELEMENT IN CLAIM FOR A COMBINATION.—An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
The following phrases invoke 112(f) even though they do not use the term “means”. This is because the phrases specify a function and are modified only by the term “module” which is a nonce term having no specific structural meaning.
Claim
112 6th or 112(f) phrase
Potential Corresponding Structure
1 and 8
infrared induction module
infrared induction sensor and an integrator rubber part (¶ 0014, 0026)
1 and 8
electromagnetic induction module
electromagnetic induction sheet (¶ 0014, 0026).
Specification
The specification is objected to for the following reasons:
If applicant chooses to switch from the original drawing legends, the specification should be amended to provide consistency with these drawings as follows:
The descriptions of the FIG. 2 and FIG. 3 at ¶ 0018, 0019 should be revised to match submitted drawings.
If the drawings are updated to refer to the track as element 10, applicant should amend the specification as follows:
add “; 10, track” at ¶ 0020
edit the occurrences of “track 3” to “track 10” (two at ¶ 0024, one at ¶ 0027).
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 1–8 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 pre-AIA the applicant regards as the invention.
Claim 1, the phrase “high intensity magnet” renders the claim scope unclear. It sets forth relative terminology for a degree of intensity, yet the specification fails to provide some standard for one of ordinary skill to determine the requisite degree of intensity.
Claim 2 is confusing in claim scope. It is an apparatus claim setting forth structure, yet the claim includes what appear to be method step(s) (gear train…is driven by the motor to rotate). This appears to represent a method of using the system rather than the structure of the apparatus itself.
See MPEP 2173.05(p)(II), In re Katz Interactive Call Processing Patent Litigation, 639 F.3d 1303, 1318, 97 USPQ2d 1737, 1748-49 (Fed. Cir. 2011) and IPXL Holdings v. Amazon.com, Inc., 430 F.3d 1377, 1384, 77 USPQ2d 1140, 1145 (Fed. Cir. 2005).
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.
Claims 1–4 and 6–7 are rejected under 35 U.S.C. 103 as being unpatentable over CN 209997135, CN 216148999 and CN 08065694.
Examiner will discuss these references by addressing each combined English and Chinese document and citing to the “PTO page numbers”. For example, “CN 209997135 p. 1” will refer to “PTO page 1” of the combined English and Chinese CN 209997135 document.
1. A movable electromagnetically inductive scoring basketball board, comprising
A Basketball Stand With Counting Function (CN 209997135 at Title, p. 1).
a panel board, a backboard, and a basket, wherein the panel board and the backboard are clamped with each other to form a cavity in the middle, and the basket is fixedly connected to the panel board; and
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Figures 1 and 2 of CN 209997135 (CN 209997135 p. 11–12) show a basketball goal with a front panel board, a rear backboard and a basket fixed to the front panel board. The front and rear panels are attached/clamped so as to form a cavity inside that houses a moving assembly.
the cavity is internally provided with a moving assembly, the backboard is provided with a track and a high intensity magnet corresponding to the moving assembly, a track pulley is arranged between the track and the moving assembly to connect the track and the moving assembly, and
“stepper motor 7 drives a driving gear on the rotating end 8, a driving gear 8 with the rectangular rack 5 are engaged with each other; stepper motor 7 can drive a ball frame adjusting block 6 sliding on the strip groove 4, of basketball frame 9 moves back and forth for the basketball shooting trainer for exercise” (CN 209997135 p. 4).
Regarding the high intensity magnet, CN 209997135 fails to teach a magnet. CN 216148999 teaches an adjustable basketball goal that includes a Hall sensor and triggering magnet for detecting relative position of the device:
“lifting control mechanism a control circuit board (not shown). the first trigger member 61 and a plurality of first position sensor 62, motor 31 and the first position sensor 62 are electrically connected with the control circuit board…the control circuit board detects that any one of the first position sensor 62 is triggered by the first trigger member 61” (CN 216148999 p. 6).
“Specifically, the first position sensor 62 may be a Hall sensor, and the first trigger member 61 may be a magnet” (CN 216148999 p. 6).
It would have been obvious before the effective filing date of the claimed invention to have included such a magnet with that of CN 209997135 so as to detect positions of the moveable assembly. It is further noted that neither the claim nor specification appear to describe or require particular function other than the mere presence of a magnet. The magnet of CN 216148999 is taken to possess sufficient intensity so as to trigger the sensor; therefore it represents a “high intensity” magnet.
Regarding the track pulley, CN 209997135 fails to teach a pulley. CN 208065694 teaches an adjustable basketball goal that includes a moving assembly that includes a motor, gears and a pulley:
“the output end activity of the motor connected with a first belt pulley” (CN 208065694 p. 2).
It would have been obvious before the effective filing date of the claimed invention to have included pulleys with that of CN 209997135 so as to transmit rotation at a motor to rotation at another location, as is well known for pulleys and gears. One of ordinary skill would have recognized that pulleys are known alternatives to gears to accomplish such rotation.
the panel board is provided with an infrared induction module and
“said counting mechanism, comprising an infrared signal emitter, an infrared signal receiver, a group of opposite display supporting frame and a display” (CN 209997135 p. 2).
an electromagnetic induction module.
“three-phase hybrid stepper motor” (CN 208065694 p. 3).
Such a motor creates a rotating magnetic field through sequential phase activation and therefore meets the claim language for an electromagnetic induction module.
2. The movable electromagnetically inductive scoring basketball board according to claim 1, wherein the moving assembly comprises a gear train and a motor, a transmission shaft on the track pulley is connected to the gear train, and the gear train is connected to an output shaft of the motor and is driven by the motor to rotate.
Although CN 209997135 employs a driven gear, it does not specify a gear train. However Official Notice is taken that the use of multiple gears (i.e. a gear train) allows the designer to manipulate the speed, torque, and direction of geared motion. It would have been obvious at the time the invention was made to have employed a gear train with the gear motion of CN 209997135 so as to define a particular speed, torque, and/or direction of the moving apparatus. One of ordinary skill would have recognized that use of a gear train would have enabled various motion parameters with predictable success.
3. The movable electromagnetically inductive scoring basketball board according to claim 1, wherein the cavity is internally provided with a motor fixing part and a circuit board corresponding to the motor.
CN 209997135 describes that the motor is installed/secured and the use of a controller with the electrical device of the apparatus, but does not specify a circuit board per se:
“all the electrical device in the pattern matched with the power supply by lead, and it should be according to the actual condition, selecting proper controller, to meet the control requirements, the specific connection and control order, should reference the following working principle, each electrical element electrically connected between the work order complete, the detailed connection means, is known in the art, the following mainly introduces the working principle and process, not in as explanation of electric control” (CN 209997135 p. 3).
“the stepper motor is installed on the inner side surface of the ball frame adjusting block, and the rotating end is horizontal and the drive gear is installed on the stepper motor on the rotating end, and are engaged with the rectangular rack” (CN 209997135 p. 1).
CN 216148999 teaches an adjustable basketball goal that includes a circuit board corresponding to the motor:
“when the control circuit board detects that any one of the first position sensor is triggered by the first trigger piece, the control circuit board pauses the work of the motor, and the first position sensor is triggered by the first trigger piece” (CN 216148999 p. 6).
It would have been obvious before the effective filing date of the claimed invention to have included such a circuit board with that of CN 209997135 so as to control the motor, including in accordance with detect positions of the moveable assembly.
4. The movable electromagnetically inductive scoring basketball board according to claim 2, wherein the cavity is internally provided with a protective case shell, the gear train is located in the protective case shell, and the motor is located at a bottom of the protective case shell and the output shaft of the motor penetrates through the bottom of the protective case shell.
CN 209997135 but does not specify a protective case shell for the motor and gear train. CN 216148999 teaches an adjustable basketball goal that includes a motor inside a protective case shell:
“As shown in FIG. 1-2, in the preferred embodiment, the motor 31 is further covered with a protective cover 66” (CN 216148999 p. 6).
It would have been obvious before the effective filing date of the claimed invention to have included such a protective case shell with that of CN 209997135 so as to protect the motor and the gear train asserted above. It would have been obvious before the effective filing date of the claimed invention to have protruded the motor shaft out of the shell so that it could operative engage the rack of the moving assembly.
6. The movable electromagnetically inductive scoring basketball board according to claim 1, wherein the basket is fixedly connected to the panel board through bolts.
CN 209997135 describes that the basket is fixedly mounted but does not specify the use of bolts:
“the basketball ball frame 9 installed on the ball frame 6” (CN 209997135 p. 3).
Official Notice is taken that bolts are well known fasteners used to secure elements together. It would have been obvious before the effective filing date of the claimed invention to have mounted the basket of CN 209997135 using bolts as an obvious design choice. One of ordinary skill would have recognized that doing so would have yielded predictable results.
7. The movable electromagnetically inductive scoring basketball board according to claim 1, wherein the track is provided with a track fixing part, and the track fixing part is connected to the track.
“the open length along the backboard direction on the rectangular rack is installed on one side of the inner wall of the strip-shaped groove. and is installed inwards along the length direction of the strip-shaped groove, said ball frame adjusting block glidingly installed on the strip-shaped groove, the stepper motor is installed on the inner side surface of the ball frame adjusting block, and the rotating end is horizontal and the drive gear is installed on the stepper motor on the rotating end, and are engaged with the rectangular rack” (CN 209997135 p. 1).
Claims 1 (alternatively) and 8 are rejected under 35 U.S.C. 103 as being unpatentable over CN 209997135, CN 216148999, CN 08065694 and CN 116271754.
Claim 1’s electromagnetic induction module language is met as described above by the three-phase hybrid stepper motor of CN 209997135. However, claim 1 is alternatively rejected as follows.
CN 116271754 teaches an adjustable basketball goal that includes a gear-driven moving assembly and further includes a recording component having an electromagnetic induction module in the form of an electromagnetic sheet and an infrared induction module in the form of an infrared sensor:
“The invention is fixedly installed with a recording assembly in the middle of the backboard, through the lamp belt on the recording assembly can be clearly displayed in the shooting basket, basketball impact backboard, at the same time, through the pressure sensor and the infrared sensor are matched with each other, judging the basketball shooting rate after hitting the backboard, and displaying the striking point with the highest ball feeding rate through the lamp belt, the beginners can practice the shooting basket by observing the position of the backboard, it is more efficient to help the beginner to practice the shooting basket, it improves the learning efficiency of the beginner, and reduces the learning time” (CN 116271754 p. 5).
It would have been obvious before the effective filing date of the claimed invention to have included both such modules with the apparatus of CN 209997135 so as to provide a recording assembly that can communicate to the user improve their shooting efficiency/accuracy.
8. The movable electromagnetically inductive scoring basketball board according to claim 1, wherein the infrared induction module comprises an infrared induction sensor and an integrator rubber part,
CN 209997135 includes a counting mechanism with infrared emitter and receiver but does not describe an integrator rubber part:
“the counting mechanism, comprising an infrared signal emitter (10) and infrared signal receiver (11)” (CN 209997135 p. 4–5).
“said counting mechanism, comprising an infrared signal emitter, an infrared signal receiver, a group of opposite display supporting frame and a display” (CN 209997135 p. 2).
However, the asserted combination as stated above includes the infrared induction module and electromagnetic induction module of CN 11627175 for the reasoning provided. The infrared induction module of CN 116271754 includes an integrator rubber part:
“the recording assembly 4 on the backboard 1 will display the position of the basketball impact, and through the infrared sensor 6 records the position of the basketball impact, analyzing and processing by the control component, basketball impact on the backboard rate of 1, and then through the recording component 4 on the backboard 1 to display the impact point frequency and high ball inlet rate position, It is used for assisting the beginner to throw the basket” (CN 116271754 p. 6).
“the recording component comprises a line belt, a lamp belt, a lower gasket, an upper gasket, a copper sheet, an electromagnetic sheet, a compression spring and a protective shell… the lower gasket can be made of insulating rubber material, the wire is made of flexible rubber material” (CN 116271754 p. 3–4).
the electromagnetic induction module comprises an electromagnetic induction sheet, and the backboard is provided with a battery module.
The asserted combination as stated above includes the infrared induction module and electromagnetic induction module of CN 11627175 for the reasoning provided. The electromagnetic induction module of CN 116271754 includes an electromagnetic induction sheet:
“the recording component comprises a line belt, a lamp belt, a lower gasket, an upper gasket, a copper sheet, an electromagnetic sheet” (CN 116271754 p. 3).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over CN 209997135, CN 216148999, CN 08065694 and WO 2004/047930.
5. The movable electromagnetically inductive scoring basketball board according to claim 1, wherein the cavity is internally provided with a plurality of reinforcing ribs fixedly connected to the panel board and the backboard.
CN 209997135 does not show a cavity with internal ribs. WO 2004/047930 also teaches a basketball backboard. It includes a cavity with support frame 14 that reads on the internal reinforcing ribs of the claim:
“the backboard 10 may consist of a two-piece backboard with a rebound member or panel 12 and a support frame 14. The rebound member 12 is preferably attached to the front surface of the support frame 14 by an adhesive” (WO 2004/047930 ¶ 0051).
“The depressions 42, which extend from one surface towards the other surface, are desirably sized and configured to increase the strength and/or rigidity of the support frame 14” (WO 2004/047930 ¶ 0061).
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It would have been obvious before the effective filing date of the claimed invention to have provided such framing members inside the backboard cavity of CN 209997135 in order to provide rigidity to the structure.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY D CARLSON whose telephone number is (571) 272-6716. The examiner can normally be reached Mon-Fri 7:30 am to 5:00 pm, off 1st Fri.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Fuelling can be reached on (571) 270-1367. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEFFREY D CARLSON/Primary Examiner, Art Unit 3992