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 § 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 10-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 10 recites the limitation "the first distal end of the first rod and the second distal end of the second rod" in lines 13-14. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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 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.
Claims 1, 10-11, 17-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by ViaCava (10,758,802).
Claim 1, ViaCava discloses a backstop assembly (training device 100, Fig. 1) for a sport structure (goal 10, Fig. 1; abstract), comprising:
at least one support member (arm 122a which is coupled to a post 12 of the goal 10, Figs. 1, 3 and 5) that is configured to be coupled with at least one structural member of the sport structure, the at least one support member being moveable between a stowed position (stowed position as shown in Fig. 1) and a deployed position (deployed position as shown in Fig. 3); and
a net (netting 16, 116, 136 and 126, Figs. 1-3) having a top side (top side of the netting 136, Fig. 3) that is coupled with an upper end of the at least one support member (coupled with an upper end of the arm 122a, Fig. 3),
wherein the backstop assembly is moveable between a stowed configuration (stowed configuration as shown in Fig. 1), in which the at least one support member is in the stowed position and the net does not extend past a periphery of the sport structure (Fig. 1), and a deployed configuration (deployed configuration as shown in Figs. 2 and 3), in which the at least one support member is in the deployed position and at least two sections of the net extend outwardly from the periphery of the sport structure (Fig. 3).
Claim 10, ViaCava discloses a backstop assembly (training device 120, Figs. 1-3) for a sport structure (goal 10, Fig. 1) that has an upper member (crossbar 138, Fig. 3), a lower member (base 17, Fig. 1), a first side member (first post 12 and other elements of the goal 10, Figs. 1, 3 and 5) in connection with first ends of the upper and lower members, and a second side member (second post 12 and other elements of the goal 10, Figs. 1, 3 and 5) in connection with second ends of the upper and lower members, opposite the first ends, the backstop assembly comprising:
a first rod having a first upper end (first arm 122a which is coupled to the first post 12 and having a first upper end, Figs. 1, 3 and 5);
a second rod having a second upper end (second arm 122a which is coupled to the second post 12 and having a second upper end, Figs. 1, 3 and 5);
a first coupling member (pair of hinges 113 slidably receive the first arm 122a and post 12; Figs. 2 and 5) configured to be coupled with the first side member of the sport structure and to receive the first rod;
a second coupling member (pair of hinges 113 slidably receive the first arm 122a and post 12; Figs. 2 and 5) configured to be coupled with the second side member of the sport structure and to receive the second rod; and
a net (netting 16, 116, 136 and 126, Figs. 1-3) having a top side (top side of the netting 136 and 126, Fig. 3), a bottom side (bottom side of the netting 16 and 116, Figs. 1-2), a first upper corner (first upper corner of the netting portion 126 in Fig. 3) and a second upper corner (second upper corner of the netting portion 126 (unnumbered in Fig. 3)) opposite the first upper corner,
wherein the top side of the net is coupled with the first upper end of the first rod (122b) and the second upper end of the second rod (coupled with the upper ends of the first and second arms 122b, Fig. 3), such that the first and second upper corners of the net (136 in the center and 126 on either sides of 136) ) extend below the upper member (138, Fig. 3).
Claim 11, ViaCava shows the first and second rods extend substantially perpendicular to the upper member of the sport structure (Fig. 3).
Claim 17, ViaCava discloses a backstop assembly (training device 100, Fig. 1) for a sport structure (goal 10, Fig. 1) that has an upper member (crossbar 14, Fig. 1), a lower member (base 17, Fig. 1), a first side member (first post 12 and other elements of the goal 10, Figs. 1, 3 and 5) in connection with first ends of the upper and lower members, and a second side member (second post 12 and other elements of the goal 10, Figs. 1, 3 and 5) in connection with second sides of the upper and lower members, opposite the first sides, the backstop assembly comprising:
a first rod having a first upper end (first arm 122a which is coupled to the first post 12 and having a first upper end, Figs. 1, 3 and 5);
a second rod having a second upper end (second arm 122a which is coupled to the second post 12 and having a second upper end, Figs. 1, 3 and 5);
a first coupling member (pair of hinges 113 slidably receive the first arm 122a and post 12; Figs. 2 and 5) configured to be coupled with the first side member of the sport structure, the first coupling member having a first end configured to slidably receive a first lower end of the first rod such that the first rod extends substantially parallel to a first vertical side post (first post 12, Figs. 1-3 and 5) of the first side member, the first vertical side post being in connection with the first side of the upper member (Figs. 3 and 5);
a second coupling member (pair of hinges 113 slidably receive the first arm 122a and post 12; Figs. 2 and 5) configured to be coupled with the second side member of the sport structure, the second coupling member having a first end configured to slidably receive a second lower end of the second rod such that the second rod extends substantially parallel to a second vertical side post (second post 12, Figs. 1-3 and 5) of the second side member, the second vertical side post being in connection with the second side of the upper member (Figs. 3 and 5); and
a net (netting 16, 116, 136 and 126, Figs. 1-3) having a top side (top side of the netting 136 and 126, Fig. 3), a bottom side (bottom side of the netting 16 and 116, Figs. 1-2), an upper right corner (upper right corner of the netting portion 126 in Fig. 3), and an upper left corner (upper left corner of the netting portion 126 (unnumbered in Fig. 3)),
wherein the top side of the net is coupled with the first upper end of the first rod (122b) and the second upper end of the second rod (coupled with the upper ends of the first and second arms 122b, Fig. 3), such that the first and second upper corners of the net (136 in the center and 126 on either sides of 136) ) extend below the upper member (138, Fig. 3), with the upper right corner being adjacent to the first vertical side post and the upper left corner being adjacent to the second vertical side post (figure 3).
Claim 18, ViaCava shows the first rod is disposed along the first side member between the first vertical side post and the first end of the lower member (the first arm 122a attached to the first post 12, Fig. 5, and considerably located between the first post 12 and the base 17, Fig. 3), and wherein second rod is disposed along the second side member between the second vertical side post and the second end of the lower member (the second arm 122a attached to the second post 12, Fig. 5, and considerably located between the second post 12 and the base 17, Fig. 3).
Claim 19, ViaCava shows the first and second rods are configured to be moveable between a deployed position (deployed position as shown in Fig. 3), in which the first and second upper ends are at a first distance relative to the upper member, and a stowed position (stowed position as shown in Fig. 1), in which the first and second upper ends are aligned with or at a second distance relative to the upper member, the second distance being less than the first distance (Fig. 1 comparing to Fig. 3).
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 2-9, 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over ViaCava (10,758,802).
Claim 2, ViaCava discloses the claimed device with the exception of when the backstop assembly is in the deployed configuration, the first and second upper corners of the net are disposed below the upper member. It would have been obvious to one of ordinary skill in the art at the time the invention was made to have the first and second upper corners of the net disposed below the upper member in the deployed configuration, since rearranging parts of an invention involves only routine skill in the art. The motivation for doing so would have been to minimize the amount of net material required.
Claim 3, ViaCava shows a first coupling member configured to attach to the first side member and slidably receive a first lower end of the first rod (pair of hinges 113 slidably receive the first arm 122a and post 12; Figs. 2 and 5); and a second coupling member configured to attach to the second side member and slidably receive a second lower end of the second rod (pair of hinges 113 slidably receive the first arm 122a and post 12; Figs. 2 and 5).
However, ViaCava does not expressly disclose the first and second coupling members being configured to removably attach to the first and second side members. It would have been obvious to one of ordinary skill in the art at the time of the invention to have the first and second coupling members removably attached to the first and second side members, since separating parts that were once integral involves only routine skill in the art. The motivation for doing so would have been to provide means for easily assembling/disassembling parts and thereby becomes more suitable for transporting and/or storing.
Claim 4, ViaCava shows a rear side of the first side member and a rear side of the second side member (rear sides where the unnumbered first and second rear angled posts are located therein, Fig. 1), the rear sides being opposite the upper member (Fig. 1); wherein the first and second rods are coupled to a front side of the first and second side members (front side where the post 12 being located therein, Figs. 1-5), via the first and second coupling members (Figs. 2 and 5).
ViaCava discloses the claimed device with the exception of the first and second rods are coupled to the rear sides of the first and second side members via the first and second coupling members. It would have been obvious to one of ordinary skill in the art at the time the invention was made to have the first and second rods coupled to the rear sides of the first and second side members instead of being coupled to the front sides of the first and second side members, since rearranging parts of an invention involves only routine skill in the art. The motivation for doing so would have been to improve a structural design of the backstop assembly to sustain impact of a ball without being bent, or flipped over.
Claim 5, ViaCava shows the first and second side members extend at an angle relative to the upper member (the unnumbered first and second rear angled posts of the first and second side members extend at an angle relative to the crossbar 14, Fig. 1), and wherein the first and second rods extend at a second angle such that the first and second upper ends are above the upper member (Fig. 3 shows where the first and second arms 122a extend at a second angle such that the first and second ends are above the crossbar 14; the second angle is different than the angle relative to the upper member due to the fact that the first and second rods are coupled to the front sides of the first and second side members instead of being coupled to the rear sides of the first and second side members).
ViaCava discloses the claimed device with the exception of the first and second rods are coupled to the rear sides of the first and second side members such that the angle relative to the upper member becomes the same as the second angle. It would have been obvious to one of ordinary skill in the art at the time the invention was made to have the first and second rods coupled to the rear sides of the first and second side members instead of being coupled to the front sides of the first and second side members, since rearranging parts of an invention involves only routine skill in the art. The motivation for doing so would have been to improve a structural design of the backstop assembly to sustain impact of a ball without being bent, or flipped over.
Claim 6, ViaCava shows the first coupling member (113) includes a first coupling element (Figs. 2 and 5) and a second coupling element (113), the first coupling element being attached to an upper end of the first side member and the second coupling element being attached to a lower end of the first side member adjacent to a lower member (one of the lower framing element 15, Fig. 1) of the sport structure such that the first rod is slidably received within the first and second coupling elements of the first coupling member (Figs, 1 and 3), and wherein the second coupling member includes a third coupling element (Figs. 2 and 5) and a fourth coupling element (Figs. 2 and 5), the third coupling element being attached to an upper end of the second side member and the fourth element being attached to a lower end of the second side member adjacent to a lower member (another of the lower framing element 15, Fig. 1) of the sport structure such that the second rod is slidably received within third and fourth coupling elements of the second coupling member (Figs. 1 and 3).
ViaCava discloses the claimed device with the exception of the first, second, third and fourth coupling elements being removably attached to the first and second side members. It would have been obvious to one of ordinary skill in the art at the time of the invention to have the first, second, third and fourth coupling elements removably attached, since separating parts that were once integral involves only routine skill in the art. The motivation for doing so would have been to provide means for easily assembling/disassembling parts and thereby becomes more suitable for transporting and/or storing.
Claim 7, ViaCava shows the first and second rods are coupled to outer sides of the first and second side members, respectively (Figs. 2-3 and 5).
Claim 8, ViaCava shows the first and second rods extend substantially perpendicular to the upper member of the sport structure (Fig. 3).
Claim 9, ViaCava shows the backstop assembly is in the deployed configuration (Fig. 3), the first and second upper ends of the first and second rods are at a first distance relative to the upper member (first distance between the upper ends of the arms 122a and the crossbar 138, Fig. 3), and, when the backstop assembly is in the stowed configuration (column 3, lines 32-67 and column 4, lines 1-3; Figs. 1-3; alternatively figure 6; column 5, lines 15-26), the first and second upper ends of the first and second rods are at a second distance relative to the upper member (second distance between the upper ends of the arms 122a or 122b and the crossbar 14 which is less than the first distance, Fig. 1 comparing to Fig. 3), the second distance being less than the first distance.
Claim 12, ViaCava shows the first side member includes a first vertical post (first post 12, Fig. 1) having a first end in connection with the first end of the upper member (Figs. 1 and 5), a first horizontal post (one of the framing elements 15, Fig. 1) having a first end in connection with a second end of the first vertical post (12; Fig. 1) and a second end in connection with the first end of the lower member (17; Fig. 1), a first angled post (the back angled upright framing element 15; Fig. 1) having a first end in connection with the second end of the first horizontal post (12; Fig. 1) and a second end in connection with a first strut (upper or lower framing elements formed between front post 12 and angled back post, Fig. 1) that is in connection with the first end of the upper member,
wherein the first coupling member (113) has a first end (Figs. 3 and 5) coupled to the first vertical post (112a) with an opening (bore of the first arm 112a which is configured to slidably receive a proximal end of the first arm 122a, Fig. 5) that is configured to slidably receive a proximal end of the first post and a second end (lower end of the first arm 112a which is indirectly coupled to the end of the one of the framing element 15, Figs. 3 and 5) coupled to the first horizontal post,
wherein the second side member includes a second vertical post (second post 122b, Figs. 1, 3) having a first end in connection with the second end of the upper member (138; Fig. 3), a second horizontal post (another of the framing element 15, Fig. 1) having a first end in connection with a second end of the second vertical post (Fig. 1) and a second end in connection with the second end of the lower member (Fig. 1), a second angled post (a second of the angled back post of the framing elements, Fig. 1) having a first end in connection with the second end of the second horizontal post (Fig. 1) and a second end in connection with a second strut (a second strut which is connected to the end of the second angled post from the framing elements 15 and the other end of the crossbar 14, Fig. 1) that is in connection with the second end of the upper member, and
wherein the second coupling member has a first end (Figs. 3 and 5) coupled to the second vertical post with an opening (bore of the second arm 112a which is configured to slidably receive a proximal end of the second arm 122a, Fig. 5) that is configured to slidably receive a proximal end of the second post and a second end (lower end of the second arm 112a which is indirectly coupled to the end of the other framing element 15, Figs. 3 and 5) coupled to the second horizontal post.
ViaCava discloses the claimed device with the exception of the first ends of the first and second coupling members being coupled to the first and second angled posts respectively. It would have been obvious to one of ordinary skill in the art at the time the invention was made to have the first ends of the first and second coupling members are coupled to the first and second angled posts respectively instead of being coupled to the first and second vertical posts respectively, since rearranging parts of an invention involves only routine skill in the art. The motivation for doing so would have been to improve a structural design of the backstop assembly to sustain impact of a ball without being bent, or flipped over.
Claim 13, ViaCava shows the first and second rods are configured to be moveable between a deployed position (deployed position as shown in Fig. 3), in which the first and second upper ends are at a first distance relative to the upper member, and a stowed position (stowed position as shown in Fig. 1), in which the first and second upper ends are aligned with or at a second distance relative to the upper member, the second distance being less than the first distance (Fig. 1 comparing to Fig. 3).
Claims 14-16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over ViaCava (10,758,802) in view of Lamberti et al (5,205,564) hereinafter (Lamberti).
Claim 14, ViaCava teaches the backstop assembly including a pin (pin 160, Fig. 5) in connection with the proximal ends of the first and second rods such that the first and second rods are moveable between the deployed and stowed positions by adjusting a location of the pin (Column 4, lines 51-58). However, ViaCava does not expressly disclose the backstop assembly utilizing a cable in connection with the proximal ends of the first and second rods such that the first and second rods are moveable between the deployed and stowed positions by adjusting a length of the cable. However, as disclosed by Lamberti (column 4, lines 5-26; Fig. 4) it is known in the art to utilize cable and winch to raise or lower a backstop assembly. It would have been obvious to one of ordinary skill in the art to have utilized such a system for ViaCava’s assembly given that Lamberti teaches such is an efficient manner of retracting and extending arm/net.
Claim 15, ViaCava as modified in view of Lamberti further shows a winch (winch assembly 72) configured to adjust the length of the cable (wind-up cable 78) to move the first and second rods (arm members 58, 60) between the deployed and stowed positions.
Claim 16, ViaCava as modified in view of Lamberti further shows the first coupling member further includes a first containing portion extending from the second end of the first coupling member to the winch, and
the second coupling member further includes a second containing portion extending from
the second end of the second coupling member to the winch (figure 9 shows the coupling members include containing portions).
Claim 20, note the rejection of claims 14-16.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Rigoli (10,195,508); Esser (US2017/0157485 A1).
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.
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/MITRA ARYANPOUR/Primary Examiner, Art Unit 3711
/ma/
06 March 2026