DETAILED ACTION
1. This is the first action on the merits relating to U.S. Application Serial No. 18/590,954 filed on February 29, 2024. Currently claims 1-19 remain in the examination.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
3. Claims 1 and 14 are objected to because of the following informalities:
Regarding claim 1, the preamble of the claim “A training system for enhancing athletic performance in swinging sports, comprising :” should not be in bold.
Regarding claim 14, the preamble of the claim “A method for improving swing mechanics in athletes, involving:” should not be in bold.
Appropriate correction is required.
Regarding claim 6, line 2: “shoulder/chest - anterior” should be replaced with “shoulder/chest-anterior.”
Regarding claim 6, line 3: “shoulder/chest -posterior” should be replaced with “shoulder/chest-posterior.”
Regarding claim 6, line 5: “posterior lower extremity-anterior lower extremity” should be replaced with “posterior lower extremity and anterior lower extremity.”
Regarding claim 14, lines 4 and 5: “posterior lower extremity-anterior lower extremity” should be replaced with “posterior lower extremity and anterior lower extremity.”
Regarding claim 14, line 5: “and-or” should be replaced with “and.”
Regarding claim 15, line 2: please replace “it” with the “feedback loop.” Generally the use of pronoun is discouraged to avoid potential ambiguity.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
4. 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.
5. Claims 14-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2009/0227384 A1 to Reynolds (hereinafter “Reynolds”).
Regarding claim 14, Reynolds discloses a method for improving athlete’s swing mechanics utilizing stretchable band of resistance (see abstract) wherein the second and third attachment members 42 and 44 (see figures 1, 3, and paragraph 0027) is applied on the lower body and the first attachment member 40 is used on the athlete’s upper body; and the user can swing toward the target he/she chooses.
Regarding claim 15, the tethers may be fixed or variable length (see abstract); and comprises a resistance tubing to select various resistance (see paragraph 0024).
Regarding claim 16, the device can be used with another person for example, coach (see paragraphs 0012 and 13).
Regarding claims 17 and 18, the method teaches the use of correct muscles in the lower and upper backside of the batter (see paragraph 0006).
Claim Rejections - 35 USC § 103
6. 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.
7. 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.
8. Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over US 2009/0227384 A1 to Reynolds (hereinafter “Reynolds”) in view of US 10,456,645 B2 to Joo et al. (hereinafter “Joo”).
The teachings of Reynolds have been discussed above.
Reynolds, however, fails to disclose or suggest that the method of practicing a dynamic ball (or the ball is in motion).
Joo discloses a baseball practice apparatus (see figure 1) which fires the ball to a batter for practice (col. 5, lines 16+). The apparatus is a tee as recited in claim 19.
In view of Joo’s disclosure, it would have been obvious to one ordinary skill in the art at the time of the invention was made to employe well-known ball pitching machine to the teachings of Reynolds in order to improve overall training regime for the athlete. Reynolds is silent as to whether the athlete is hitting a stationary ball or a ball in motion. Practicing with ball pitching machine as shown in Joo would improve the practice, and produce improved results from the practice.
Allowable Subject Matter
9. Claims 2-13 are allowed. Claim 1 would be also allowable if the objection on claim 1 is overcome.
10. The following is a statement of reasons for the indication of allowable subject matter: Claims are directed at a training system for enhancing athletic performance in swinging sports, comprising:
an adjustable tension mechanism designed to connect a user's shoulder/chest area with and a lower extremity;
a wearable shoulder/chest harness designed for securing said tension mechanism to the user;
a lower extremity harness intended to anchor the opposing end of the adjustable tension mechanism to the user's lower extremity;
an adjustable tee stand capable of height, velocity and angle adjustments; and a dynamic target release mechanism associated with the tee stand, enabling movement of a target towards the user in a controlled manner.
Such a system combining a wearable device (figures 2A-2E) and a tee stand (figure 1B) is neither disclosed nor suggested by the cited references.
Conclusion
The pertinent prior arts made of record but not relied are listed in the attached form PTO-892. These are considered pertinent to Applicant's disclosure. Applicant is respectfully suggested to carefully review these references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ahshik Kim whose telephone number is (571)272-2393. The examiner can normally be reached between the hours of 8:00 AM to 5:00 PM Monday thru Friday. Examiner’s fax phone number is (571)273-2393.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Michael G. Lee, can be reached on (571)272-2398. The fax phone number for this Group is (571)273-8300.
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/AHSHIK KIM/Primary Examiner, Art Unit 2876
February 24, 2026