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 .
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 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.
DETAILED ACTION
Claim Objections
Claim(s) 11 is/are objected to because of the following informalities:
Claim(s) 11, lines 9-10, should read “with [one of] the ratchet mechanism[s]”.
Appropriate correction is required.
Examiner’s Notes
Regarding Claim(s) 1-13: With respect to the preamble, the preamble of the claim(s) has/have not been given any patentable weight because it has been held that a preamble is denied the effect of a limitation where the claim(s) is/are drawn to a structure and the portion of the claim(s) following the preamble is a self – contained description of the structure not depending for completeness upon the introductory clause. See In re Hirao, 535 F.2d 67, 190 USPQ 15 (CCPA 1976) and Kropa v. Robie, 187 F.2d 150,152, 88 USPQ 478, 481 (CCPA 1951).
Regarding Claim(s) 1-2, 6-8 and 10-12: With regard to the intended use of the apparatus, e.g. the term “team” in “team score” can be interpreted that the “score” can be used in a " team " setting. Furthermore, the term “team " does not add any structural limitation to the term “score”, thus it does not provide enough patentable weight to the term “score”. It is understood with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. as discussed in MPEP 2103.1.C.
Regarding Claim(s) 1, 6-8 and 11: With regard to the intended use of the apparatus, e.g. the term “server” in “server number” and “server indicia” can be interpreted that the “number” and “indicia” can be used in a " server " setting. Furthermore, the term “server " does not add any structural limitation to the term “number” and “indicia”, thus it does not provide enough patentable weight to the term “number” and “indicia”. It is understood with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. as discussed in MPEP 2103.1.C.
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.
Claim(s) 1-3 and 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Campbell (US 1985652, see reference in its entirety) in view of Cunningham (US 12134023 B2; see reference in its entirety).
With respect to independent Claim 1, Campbell disclose(s): A scorekeeper (Fig. 1), comprising:
a housing (Figs. 1-2: A & B) having a top surface that extends outwardly to an outer edge (Figs. 1-2);
three dials (Fig. 2), each of the three dials having a top surface that extends outwardly to an outer perimeter edge (Fig. 2), each of the three dials being operably mounted on the housing (Fig. 7);
wherein one of the three dials is a first score dial that includes numbers circumferentially spaced around the top surface (Fig. 7 and page 2, col. 1, line 65 through col. 2, line 4: E);
wherein one of the three dials is a second score dial that includes numbers circumferentially spaced around the top surface (Fig. 7 and page 2, col. 1, line 65 through col. 2, line 4: F).
Campbell does not specifically disclose: wherein one of the three dials is a number dial.
However, Cunningham disclose(s) a scorekeeper (Figs. 1-2) including: wherein one of the three dials is a number dial (Fig. 1: 26).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Campbell, with the teachings of Cunningham, for the purpose of allowing additional information (column 3, lines 25-33).
Regarding Claim 2, Campbell and Cunningham disclose(s) the scorekeeper of Claim 1.
Campbell further disclose(s): wherein the number on the first and second score dials are from 0-11 (Fig. 7 and page 2, col. 1, line 65 through col. 2, line 4).
Regarding Claim 3, Campbell and Cunningham disclose(s) the scorekeeper of Claim 1.
Campbell further disclose(s): wherein the housing is sized and shaped to be hand-held by the user (Fig. 2).
Regarding Claim 6, Campbell and Cunningham disclose(s) the scorekeeper of Claim 1.
The combination does not specifically disclose(s): wherein the number dial is divided into two halves, each half having an indicia.
However, Cunningham teach(es): wherein the number dial is divided into two halves, each half having an indicia (Fig. 1: 26).
Motivation to combine is the same as Claim 1.
Regarding Claim 7, Campbell and Cunningham disclose(s) the scorekeeper of Claim 6.
The combination does not specifically disclose(s): wherein the indicia include a 1 and a 2.
However, Cunningham teach(es): wherein the indicia include a 1 and a 2 (Fig. 1: 26).
Motivation to combine is the same as Claim 1.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Campbell and Cunningham further in view of Sepe (US 3122851, see reference in its entirety).
Regarding Claim(s) 4, Campbell and Cunningham disclose(s) the scorekeeper of Claim 1.
The combination does not specifically disclose: the housing is adapted to be worn on the wrist of the user.
However, Sepe teach(es) a scorekeeper (Fig. 1) including: the housing is adapted to be worn on the wrist of the user (Fig. 1 and col. 2, lines 61-63).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Campbell and Cunningham, with the further teachings of Sepe, for the purpose of providing quick and easy scoring to the user (col. 1, lines 30-40).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Campbell and Cunningham further in view of Bailey (US 7404373 B2, see reference in its entirety).
Regarding Claim(s) 5, Campbell and Cunningham disclose(s) the scorekeeper of Claim 1.
The combination does not specifically disclose: wherein the three dials are positioned such that they overlap within the housing.
However, Bailey teach(es) a scorekeeper (Fig. 1) including: wherein the three dials are positioned such that they overlap within the housing (Fig. 3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Campbell and Cunningham, with the further teachings of Bailey, for the purpose of reducing the size of the housing (col. 1, lines 42-44).
Claim(s) 8-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Campbell in view of Hierath (US 5385113; see reference in its entirety) and Cunningham.
With respect to independent Claim 8, Campbell disclose(s): A scorekeeper (Fig. 1), comprising:
a housing (Figs. 1-2: A & B) sized and shaped to be hand-held by the user (Fig. 2), the housing having a top surface that extends outwardly to an outer edge (Figs. 1-2);
three windows (Fig. 1: 20 & 21) through the top surface of the housing (Figs. 1-2);
three ratchet mechanisms (page 4, col. 2, line 71) mounted in the housing (Fig. 7);
three dials (Fig. 2), each of the three dials having a top surface that extends outwardly to an outer perimeter edge (Fig. 2), each of the three dials being operably mounted with one of the ratchet mechanisms (Fig. 7) so that a portion of the top surface of the dial is visible through one of the three windows (Figs. 1-2) , and a portion of the outer perimeter edge of the dial extends past the outer edge of the housing (Figs. 1-2), such that each of the three dials may be rotated (Figs. 1-2);
wherein one of the three dials is a first score dial that includes numbers circumferentially spaced around the top surface (Fig. 7 and page 2, col. 1, line 65 through col. 2, line 4: E);
wherein one of the three dials is a second score dial that includes numbers circumferentially spaced around the top surface (Fig. 7 and page 2, col. 1, line 65 through col. 2, line 4: F).
Campbell does not specifically disclose: a first color; a second color that is different than the first color; one half having the first color and the other half having the second color.
However, Hierath disclose(s) a scorekeeper (Fig. 1) including: a first color (Fig. 1 and col. 5, lines 41-52: 24 is a color); a second color that is different than the first color (Fig. 1 and col. 5, lines 41-52: the other half 24 is another color); one half having the first color and the other half having the second color (Fig. 1 and col. 5, lines 41-52).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Campbell, with the teachings of Hierath, for the purpose of allowing contrasting color to differentiate information (col. 5, lines 41-52).
Campbell and Hierath do not specifically disclose: wherein one of the three dials is a number dial that is divided into two halves.
However, Cunningham disclose(s) a scorekeeper (Figs. 1-2) including: wherein one of the three dials is a number dial that is divided into two halves (Fig. 1: 26).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Campbell and Hierath, with the teachings of Cunningham, for the purpose of allowing additional information (column 3, lines 25-33).
Regarding Claim 9, Campbell, Hierath and Cunningham disclose(s) the scorekeeper of Claim 8.
The combination does not specifically disclose: wherein the first color is green and the second color is white.
However, Hierath further disclose(s): wherein the first color is green and the second color is white (col. 5, lines 41-52).
Motivation to combine is the same as Claim 8.
Regarding Claim 10, Campbell, Hierath and Cunningham disclose(s) the scorekeeper of Claim 8.
Campbell further disclose(s): wherein the numbers on the top surface of the first score dial are printed (Fig. 3), and the numbers on the top surface of the second score dial are printed (Fig. 3).
The combination does not specifically disclose: first color and second color.
However, Hierath further disclose(s): first color and second color (col. 5, lines 41-52).
Motivation to combine is the same as Claim 8.
With respect to independent Claim 11, Campbell disclose(s): A scorekeeper (Fig. 1), comprising:
a housing (Figs. 1-2: A & B) sized and shaped to be hand-held by the user (Fig. 2), the housing having a top surface that extends outwardly to an outer edge (Figs. 1-2); the outer edge having three openings (Fig. 1: 5 & 6);
three windows (Fig. 1: 20 & 21) through the top surface of the housing (Figs. 1-2);
a ratchet mechanism (page 4, col. 2, line 71) mounted in the housing (Fig. 7);
three dials (Fig. 2), each of the three dials having a top surface that extends outwardly to an outer perimeter edge (Fig. 2), each of the three dials being operably mounted with one of the ratchet mechanisms (Fig. 7) so that a portion of the top surface of the dial is visible through one of the three windows (Figs. 1-2) , and a portion of the outer perimeter edge of the dial extends through one of the three openings of the outer edge of the housing (Figs. 1-2), such that each of the three dials may be rotated in a single direction by the user, but cannot be rotated in an opposite direction (Figs. 1-2 and page 2, col. 2, lines 13-16);
wherein one of the three dials is a first score dial that includes numbers 0-11 circumferentially spaced around the top surface (Fig. 7 and page 2, col. 1, line 65 through col. 2, line 4: E);
wherein one of the three dials is a second score dial that includes numbers 0-11 circumferentially spaced around the top surface (Fig. 7 and page 2, col. 1, line 65 through col. 2, line 4: F).
Campbell does not specifically disclose: a first color; a second color that is different than the first color; one half having a distinguishing color that is different from the other half.
However, Hierath disclose(s) a scorekeeper (Fig. 1) including: a first color (Fig. 1 and col. 5, lines 41-52: 24 is a color); a second color that is different than the first color (Fig. 1 and col. 5, lines 41-52: the other half 24 is another color); one half having a distinguishing color that is different from the other half (Fig. 1 and col. 5, lines 41-52).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Campbell, with the teachings of Hierath, for the purpose of allowing contrasting color to differentiate information (col. 5, lines 41-52).
Campbell and Hierath do not specifically disclose: wherein one of the three dials is a number dial that is divided into two halves, each half having an indicia.
However, Cunningham disclose(s) a scorekeeper (Figs. 1-2) including: wherein one of the three dials is a number dial that is divided into two halves, each half having an indicia (Fig. 1: 26).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Campbell and Hierath, with the teachings of Cunningham, for the purpose of allowing additional information (column 3, lines 25-33).
Regarding Claim 12, Campbell, Hierath and Cunningham disclose(s) the scorekeeper of Claim 11.
The combination does not specifically disclose: wherein the first color is the same color as one half, and the second color l is the same color as the other half.
However, Hierath further disclose(s): wherein the first color is the same color as one half, and the second color is the same color as the other half (col. 5, lines 41-52).
Motivation to combine is the same as Claim 11.
Regarding Claim 13, Campbell, Hierath and Cunningham disclose(s) the scorekeeper of Claim 11.
Campbell further disclose(s): wherein the ratchet mechanism is the form of a fixed ratchet ring (Fig. 7: 10) with a rotatable multipawl ring disposed therein (Fig. 7: 27).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. The following reference(s) relate to a scorekeeper: Madsen (US 2021/0113911 A1); Terenzoni (US 2012/0255482 A1); Spack (US 2023/0330508 A1); Gaetano (US 4165710); McKay et al. (US 11400358 B1); Braine (US 0544907).
The following reference(s) relate to a scorekeeper (by the same inventor): Eklund (US D1082567S).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TANIA COURSON whose telephone number is (571)272-2239. The examiner can normally be reached M-F (7am-3:30pm).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina Deherrera, can be reached on (303) 297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional
questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TC/
09 January 2026
/KRISTINA M DEHERRERA/
Supervisory Patent Examiner, Art Unit 2855