DETAILED ACTION
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 .
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Liang et al. (US 2024/0115917 A1; hereinafter Liang).
Regarding claim 1, Liang discloses a bag toss game system (Figure 1), comprising: a rectilinear board [1] comprising a hole [11]; and a display surface [12] of the rectilinear board [1] comprising a triangle [13] with a first apex of the triangle [13] at a first corner (see bottom left corner in Figure 3), a second apex of the triangle [13] at a second corner (see bottom right corner in Figure 3) and a third apex of the triangle [13] at the hole [11] (paragraphs 0001, 0061-0062, 0069-0073, and Figures 1 and 3-4). Regarding the italicized claim limitations, although taught by Liang, the examiner would like to point out that the claim limitations amount to printed matter. Such indicia only serves to convey a message or meaning to a human user independent of the supporting product. There is no new feature of physical structure and no new relation of printed matter to the physical structure. Where the only difference between a prior art product and a claimed product is printed matter that is not functionally related to the product, the content of the printed matter will not distinguish the claimed product. See MPEP 2112.01. The indicia has no physical tie to the substrate. Where the printed matter is not functionally related to the substrate, the printed matter will not distinguish the invention from the prior art in terms of patentability. See In re Gulack, 703 F.2d 1381, 1385-86, 217 USPQ 401, 404 (Fed. Cir. 1983). Any differences residing in meaning and information conveyed by printed matter are not considered patentable subject matter. No patentable weight is given to the printed matter unless there is an unobvious functional relationship between the printed matter and the substrate. See MPEP 2111.05. Assuming, for the sake of argument, that there is a functional relationship between the printed matter and the substrate, the examiner does not find there to be an unobvious functional relationship between the printed matter and the substrate as the printed matter is merely conveying meaning to a human user in an obvious and routine matter. As such, no patentable weight is given to the claimed printed matter.
Regarding claim 2, Liang discloses the bag toss game system as recited in claim 1, wherein the rectilinear board [1] is 4 feet in length by 2 feet in width (paragraphs 0002 and 0061).
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 3-12 are rejected under 35 U.S.C. 103 as being unpatentable over Liang as applied to claim 2 above, and further in view of Cornhole Boards.
Regarding claim 3, Liang discloses the bag toss game system as recited in claim 2, wherein the rectilinear board [1] is set at an angle (paragraph 0002 and Figures 1 and 3-4). Liang discloses sizing of a regulation cornhole board (paragraph 0002) but is silent as to the board angle. Cornhole Boards, however, teaches a similar rectilinear cornhole board having the same dimensions, wherein the rectilinear board is set at an angle of 10 degrees (pages 1-2). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to configure Liang’s board to be set an angle of 10 degrees because Cornhole Boards teaches that this is the appropriate angle for regulation cornhole boards having the same dimensions as Liang (pages 1-2).
Regarding claim 4, the modified Liang discloses the bag toss game system as recited in claim 3, wherein the hole [11] is 6 inches in diameter (paragraph 0002).
Regarding claim 5, the modified Liang discloses the bag toss game system as recited in claim 4, wherein a center of the hole [11] is 9 inches from a rear edge of the rectilinear board [1] (paragraph 0002).
Regarding claim 6, the modified Liang discloses the bag toss game system as recited in claim 5, wherein the triangle [13] is segregated into three (3) zones [14] on the display surface [12] (paragraphs 0071-0073 and Figures 1 and 3; wherein there are at least three sub-scoring regions [14]). Additionally, regarding the italicized claim limitations, although taught by Liang, these limitations amount to printed matter which is not given patentable weight. See paragraph 4 above regarding printed matter.
Regarding claim 7, the modified Liang discloses the bag toss game system as recited in claim 6, wherein the triangle [13] is segregated into the three (3) zones by horizontal lines [15] parallel to a front edge and the rear edge of the rectilinear board [1] (paragraphs 0071-0073 and Figures 1 and 3; wherein there are at least three sub-scoring regions [14]). Additionally, regarding the italicized claim limitations, although taught by Liang, these limitations amount to printed matter which is not given patentable weight. See paragraph 4 above regarding printed matter.
Regarding claims 8-12, although the modified Liang does not disclose the display surface comprising a rectangle or numbering, these limitations amount to printed matter which is not given patentable weight. See paragraph 4 above regarding printed matter. As the modified Liang discloses all the structural limitations of the claims, claims 8-12 are rendered obvious.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Lutz (US 2021/0121763 A1), Kowtko (US 2021/0038958 A1), and I sink you drink drinking game Cornhole Boards which all disclose similar bag toss game systems with surface indicia.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AUDREY B. WALTER whose telephone number is (571)270-5286. The examiner can normally be reached Monday - Friday: 8:30 am - 4:30 pm.
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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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/AUDREY B. WALTER/Primary Examiner, Art Unit 3711