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 .
Allowable Subject Matter
Claims 4-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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.
(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 1-3, 10-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tandlich, US 6422621.
Regarding claim 1, Tandlich discloses: A multifunctional ball shagger (Fig. 1, tennis ball retriever 1) having a ball shagging mode (Fig. 1) for retrieving randomly scattered balls resting on the ground and a pedestal access mode (Fig. 3) for presenting access to retrieved balls at a comfortable height, the multifunctional ball shagger comprising:
a ball shagger (Fig. 1, collection drum 3) comprising a rotatable ball basket connected to a handle (Fig. 1, handle 2); and
a support assembly (Fig. 2) for receiving the ball shagger in an upright disposition, at least a portion of the support assembly being disposed upon a supporting surface and comprising a base mount (Fig. 2, handle bars 9) and a centering column (Fig. 2, telescoping arm 4);
the multifunctional ball shagger is in the pedestal access mode when the ball shagger handle is connected to the support assembly and disposed upright such that the rotatable ball basket is held above the supporting surface at a predetermined pedestal height (Fig. 2); and
the multifunctional ball shagger is in the ball shagging mode when the ball shagger handle is disengaged from the support assembly, the handle is disposed at an angle to the ground, and the rotatable ball basket engages the ground (Fig. 1 – the Examiner notes that the pedestal portion is removable, thus meeting the claim limitations).
Regarding claim 2, Tandlich further discloses: the rotatable ball basket (Fig. 1, collection drum 3) has an axis of rotation (Abstract - “cylinder axis”) and comprises a plurality of arc rods (Fig. 4, bar 6) and a pair of spaced rotatable hubs (Figs. 5-6, disk 22), each arc rod having embeddable ends at each end of the arc rod, each rotatable hub captures and secures one of the embeddable ends of each arc rod such that each arc rod is spaced from each adjacent arc rod, thereby forming a basket defining an interior volume between each rotatable hub and inside of the arc rods (Col. 5, line 15, “The base of the collection drum 3 may advantageously be a molded plastic disc 22. The disc 22 has at its circumferential edge 23 holes 24. The bars 6 can be fixed to the disc 22 by gluing the bars 6 into the holes 24. The central part of the disc 22 forms the sleeve or bushing for the stub axle 7. The central part of the disc 22 may be reinforced with a metal sleeve part in order to reduce wear.”).
Regarding claim 3, Tandlich further discloses: the rotatable ball basket is rotatably connected to the handle by a basket holder, the basket holder having a two-pronged configuration with a central portion, each prong extends from the central portion and has an axle centered about the axis of rotation that aligns with the other axle also centered about the axis of rotation, the central portion also comprises a connector that connects the basket holder to the handle (see Figs. 1-7).
Regarding claim 10, Tandlich further discloses: the handle further comprises a funnel-shaped receiving end, the funnel-shaped receiving end for facilitating the connection of the handle to the centering column of the support assembly (see Fig. 1).
Regarding claim 11, Tandlich further discloses: the centering column comprises at least one detent push pin and the funnel-shaped receiving end depresses at least one detent push pin allowing the insertion of the centering column into the handle (Fig. 1, locking pins 10 in corresponding holes 11).
Regarding claim 12, Tandlich further discloses: the predetermined pedestal height is adjustable (see Fig. 1).
Regarding claims 13-16, Tandlich discloses the previously cited claim limitation of claim 1, 10-12, which contain the same subject matter. These citations are incorporated by reference.
Regarding claims 17-20, Tandlich anticipates the device of claims 1 and 10-12. Therefore, under MPEP 2112.02, Process Claims [R-07.2015], the method of claims 17-20 are also anticipated, and therefore rejected. “Under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently perform the claimed process. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986)”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL JEREMY LEEDS whose telephone number is (571)272-2095. The examiner can normally be reached Mon-Thurs, 0730-1730.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached at 571-270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL JEREMY LEEDS/Primary Examiner, Art Unit 3731
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