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.
Claim 1 is 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.
Regarding claim 1, the phrase “said direction-indicating component is positioned at the opposite end of said elongated coupling member to indicate a direction a user steps to initiate a swing” is indefinite as it is not clear as to which end of an elongate member is considered the opposite end as claimed (opposite in relation to what?). For purposes of examination, it is assumed that the opposite end refers to the end closest to the front foot.
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)(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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schwarz (US 9757636). Schwarz discloses an athletic training guide used to promote proper foot placement, comprising: a back foot alignment component comprising a plurality of back foot alignment tabs (figures 1 and 8, members 14 and 64); a front foot alignment component (member 54); a direction-indicating component (member 70); and at least one elongated coupling member formed from a rigid material (members 16 and 20, col. 2, lines 18-19), said back foot alignment component attached to a first end of said at least one elongated coupling member (figure 8, members 14 and 64), said direction-indicating component attached to an opposite end of said at least one elongated coupling member (figure 8, member 70), said front foot alignment component attached at a midpoint of said at least one elongated coupling member (figure 8, member 54); whereby said back foot alignment component is positioned at the end of said elongated coupling member to indicate back foot placement (figure 8), said front foot alignment component is positioned at the midpoint of said at least one elongated coupling member to indicate front foot placement (figure 8), and said direction-indicating component is positioned at the opposite end of said elongated coupling member to indicate a direction a user steps to initiate a swing (figure 8 where member 70 runs along a swing direction axis).
Conclusion
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/DMITRY SUHOL/Supervisory Patent Examiner, Art Unit 3715
