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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: reference numbers shown in figures 1-3 are not in the specification. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The following Abstract is suggested:
Gosball, use a lifter (spoon-like device) to lift a ball from a bowl in point A (located in the base) and walk/run the ball along marked objective is for players to walk/run as many balls as possible to the bucket to win a game. The player(s) with the most balls in the bucket wins the game.
Claim Objections
Claims 1-3 are objected to because of the following informalities: Each claim should begin with a capital letter and end with a period. Periods may not be used elsewhere in the claims except for abbreviations. See Fressola v. Manbeck, 36 USPQ2d 1211 (D.D.C. 1995). Where a claim sets for a plurality of elements or steps, each element or step of the claim should be separated by a line indentation, 37 CFR 1.75(i). Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
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 1-3 are rejected as failing to define the invention in the manner required by 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
The claim(s) are narrative in form and replete with indefinite language. The method steps which goes to make up the device for carrying out the steps must be clearly and positively specified. The method steps must be positively claimed. The claim(s) must be in one sentence form only. Note the format of the claims in the patent(s) cited.
Prior art rejection relies on only NPL in pre-amble of rejection. Stone is relied upon as a secondary reference. Include Stone in preamble of rejection.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over (NPL- Ball and Spoon Race) in view of Stone (5,669,833).
Claim 1, Ball and Spoon Race discloses a method of playing a game, the game steps comprising: providing a ball and a spoon to one or more players; placing the ball on the spoon and walking/running from one end of the playing field to the other end of the playing field without dropping the ball; providing a bucket on the other end of the playing field, wherein the player drops the ball in the bucket after successfully crossing the field. Ball and Spoon Race discloses the claimed device with the exception of expressly disclosing the size of the playing field or the particular layout of the playing field. However, as disclosed by Stone (figures 2-10; column 7, lines 12-27 and column 8, lines 15-25) it is known in the gaming and sports art to utilize a playing field with straight or meandering (zig-zag) lines. It would have been obvious to one of ordinary skill in the art to have provided such markings for the Ball and Spoon Race given that Stone teaches such markings allows for varying the difficulty level of the game in order to meet the requirements of the end user.
Claim 2, Ball and Spoon Race discloses a method of playing a game, the game steps comprising: providing a ball and a spoon to one or more players; placing the ball on the spoon and walking/running from one end of the playing field to the other end of the playing field without dropping the ball; providing a bucket on the other end of the playing field, wherein the player drops the ball in the bucket after successfully crossing the field. Ball and Spoon Race discloses the claimed device with the exception of expressly disclosing the size of the playing field or the particular layout of the playing field. However, as disclosed by Stone (figures 2-10; column 7, lines 12-27 and column 8, lines 15-25) it is known in the gaming and sports art to utilize a playing field with straight or meandering (zig-zag) lines. It would have been obvious to one of ordinary skill in the art to have provided such markings for the Ball and Spoon Race given that Stone teaches such markings allows for varying the difficulty level of the game in order to meet the requirements of the end user.
Claim 3, Ball and Spoon Race discloses a method of playing a game, the game steps comprising: providing a ball and a spoon to one or more players; placing the ball on the spoon and walking/running from one end of the playing field to the other end of the playing field without dropping the ball; providing a bucket on the other end of the playing field, wherein the player drops the ball in the bucket after successfully crossing the field. Ball and Spoon Race discloses the claimed device with the exception of expressly disclosing the size of the playing field or the particular layout of the playing field. However, as disclosed by Stone (figures 2-10; column 7, lines 12-27 and column 8, lines 15-25) it is known in the gaming and sports art to utilize a playing field with straight or meandering (zig-zag) lines. It would have been obvious to one of ordinary skill in the art to have provided such markings for the Ball and Spoon Race given that Stone teaches such markings allows for varying the difficulty level of the game in order to meet the requirements of the end user.
Conclusion
It appears the inventor(s) filed the current application pro se (i.e., without the benefit of representation by a registered patent practitioner). While inventors named as applicants in a patent application may prosecute the application pro se, lack of familiarity with patent examination practice and procedure may result in missed opportunities in obtaining optimal protection for the invention disclosed. The inventor(s) may wish to secure the services of a registered patent practitioner to prosecute the application, because the value of a patent is largely dependent upon skilled preparation and prosecution. The Office cannot aid in selecting a patent practitioner.
A listing of registered patent practitioners is available at https://oedci.uspto.gov/OEDCI/. Applicants may also obtain a list of registered patent practitioners located in their area by writing to Mail Stop OED, Director of the U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Goedeker et al (11,938,409).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MITRA ARYANPOUR whose telephone number is (571) 272-4405. The examiner can normally be reached on Mon, Thurs, Fri 8:00am to 4:00pm, Wed 8:00-2:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eugene Kim can be reached on 571-272-4463. 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.
/MITRA ARYANPOUR/Primary Examiner, Art Unit 3711
/ma/
22 December 2025