DETAILED ACTION
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 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Number 12,343,644 (Tsao) in view of U.S. Patent Number 3,851,879 (Hicks).
Regarding claim 1, Figure 2 of Tsao shows a first board surface 30 with a plurality of board holes 32. Figure 2 of Tsao also shows a first pulley system wire 51; hanging unit 50 broadly corresponds to the recited system ring. Figure 3 of Tsao shows the first pulley system ball 53. Figures 3 and 4 of Tsao show an open space 521 such that the ball 53 can maintain contact with the board surface 30. Tsao only shows a first board but not a second board. However, Hicks discloses that dexterity games are well-known in the art to be placed back-to-back so that two players can play simultaneously. See Hicks, Figures 1 and 3. Thus, it would have been recognized by one of ordinary skill in the art that applying the known teaching taught by Hicks to the dexterity game of Tsao would have yielded predictable results and resulted in an improved game, namely, a game that would allow two players to play at the same time.
Regarding claim 2, Figure 2 of Tsao shows tabs at the end of wire 51 that correspond to the recited handles such that the wires are disposed between the tabs and the ring 50.
Regarding claims 3-5, playing the Tsao game as intended is considered to move the ring 50 as described. That is to say, pulling on either end of the wire would cause the ring to rise; pulling harder on the left wire would move the ring to the left; pulling harder on the right wire would move the ring to the right.
Regarding claim 6, Figures 1 and 2 of Tsao show holes 32 of different sizes.
Regarding claim 7, Figure 2 of Tsao shows a first board with an inclined surface. As modified above with Breslow, the second board with an inclined surface and positioned behind the first board would be considered to form an upside-down V shape with the first board. Alternatively, it would have been an obvious matter of design choice to make the Tsao game as modified above with the top portions of the two boards connected in an upside-down V shape, since such a modification would have involved a mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art. See In re Dailey, 149 USPQ 47.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Raleigh Chiu whose telephone number is (571) 272-4408. The examiner can normally be reached on Monday-Tuesday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eugene Kim, can be reached on (571) 272-4463.
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It is noted that all practice before the Office is in writing (see 37 C.F.R. § 1.2) and the proper authority for action on any matter in this regard are the statutes (35 U.S.C.), regulations (37 C.F.R.) and
the commentary on policy (MPEP). Therefore, no telephone discussion may be controlling or considered authority of Petitioner’s/Caller’s action(s).
/RALEIGH W CHIU/ Primary Examiner, Art Unit 3711