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
Election/Restrictions
Claims 3-4, 10-13, 16-17, 21-28 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 4/23/2026.
Claim Rejections - 35 USC § 102
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) 1-2,5,7-9 and 18-20 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Orzech US 7621536.
Regarding claim 1, Orzech discloses equipment for playing a game involving bases and a ball (intended use), said equipment comprising
one or more base markers (Fig. 1), each base marker being positioned proximate to a base (intended use), wherein each said base marker comprises a support structure (102) and a target (108), wherein the support structure of said base marker is configured to engage with a playing surface (ground) and is further configured to support the target of said base marker above said playing surface (Fig. 1),
whereby a person playing said game propels said ball towards the target of said base marker (intended use).
Regarding claim 2, Orzech further discloses that the target of each base marker comprises an outer wall (chains) having a top edge (104) and a bottom edge (106) opposite the top edge, and an inner cavity formed by said outer wall (Fig. 1).
Regarding claim 5, Orzech further discloses that the target of each base marker further comprises an upper shaping member (104) and a lower shaping member (106), wherein the upper shaping member is attached to the top edge of the outer wall of said target and the lower shaping member is attached to the bottom edge of the outer wall of said target (Fig. 1), with the upper shaping member being a rigid ring having a shape and a dimension and the lower shaping member being a rigid ring having substantially the same shape and dimension as the upper shaping member (Fig. 1), whereby the outer wall (chains) of said target is disposed between the upper shaping member of said target and the lower shaping member of said target (Fig. 1).
Regarding claim 7, Orzech further discloses that the outer wall (chains) of the target of each base marker is comprised of a flexible material (Fig. 1).
Regarding claim 8, Orzech further discloses that the target of each base marker comprises a deployed mode (Fig. 1) and a collapsed mode (Fig. 2), whereby in the deployed mode the outer wall of said target is fully extended such that the upper shaping member of said target is at a maximum distance from the lower shaping member of said target, and in the collapsed mode the outer wall of said target is collapsed such that the upper shaping member of said target is proximate to the lower shaping member of said target.
Regarding claim 9, Orzech further discloses that the target of each base marker further comprises a semi-collapsed mode, whereby in the semi-collapsed mode the outer wall of said target is partially collapsed such that the upper shaping member of said target is closer to the lower shaping member of said target than when said target is in the deployed mode, and the upper shaping member of said target is further from the lower shaping member of said target than when said target is in the collapsed mode (deployment position between Figs. 1 and 2).
Regarding claim 18, Orzech further discloses that the support structure (102) of each base marker is at least partially located within the inner cavity of the target of said base marker (Fig. 1), and said target is attached to said support structure by a plurality of attachment members (302B and 304B, Fig. 3), with each attachment member having a first end and a second end, and each such attachment member being attached at its first end to the upper shaping member (104) of said target and being attached at its second end to said support structure (Fig. 3).
Regarding claim 19, Orzech further discloses that the support structure (102) of each base marker further comprises a hub (308, Fig. 3), wherein said hub is configured to be placed onto said support structure and moveably secured thereto, with the second ends of the plurality of attachment members being attached to the hub of said support structure, whereby the hub of said support structure is configured to be positioned along said support structure at locations between the first end and the second end of said support structure, thereby varying the height of the target above the playing surface (col. 3 ln. 8-25).
Regarding claim 20, Orzech further discloses that the support structure (102) of each base marker is elongate and substantially rigid and has a first end and a second end located opposite the first end, wherein the first end of the support structure of each base marker is configured to engage with the playing surface (ground), and the target of said base marker is configured to engage with said support structure at a location proximate to the second end of said support structure (Fig. 1).
Allowable Subject Matter
Claims 6, 14 and 15 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.
Claim 6 is allowable for the intermediate shaping member attached to the outer wall.
Claims 14 and 15 are both allowable for the indicator configured to indicate a first mode and a second mode, with said first mode being visually distinct from said second mode, and with said indicator being visually perceptible while in the first mode.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN O PETERS whose telephone number is (571)272-2662. The examiner can normally be reached Tue-Sat, 12:00pm-10pm EST.
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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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/BRIAN O PETERS/Primary Examiner, Art Unit 3711
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