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 Objections
Claim 1 is objected to because of the following informalities:
Claim 1, Line 8: Change “sensor;” to – sensor; and --.
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.
Claim 12 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. Claim 12 expresses wherein the said guide is aligned but then also repeats said guide which appears to be aligned with a sensor (Claim 11) so it is unknown what is being recited in Claim 12.
Appropriate attention is required.
Claim Rejections - 35 USC § 102
5. 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.
6. Claims 1 and 8 are rejected under 35 U.S.C. § 102 (a1)(a2) as being anticipated by U.S. Pat. No. 5,417,423 to Oursler.
Oursler discloses an arcade game (pinball game Titl.) input apparatus comprises:
an input device flippers 18 (Col. 1, ll. 60), at least one ball (ball Col. 1, ll. 62), a
ball entrance end (Fig. 2 ball enters at location of reference 26 callout), a midsection (Fig. 2 midsection roughly from entrance to before sensor 36), a ball guide (Fig. 2 the structure surrounding barriers 34 and sensors 36 creating the ball lane 30 Col. 2, ll. 14), and a ball sensor (Fig. 2 sensor 29) arranged in a straight path (Fig. 2);
wherein said ball entrance is positioned about the top of said midsection,
which is positioned about the top of said ball guide, which is positioned about
the top of said ball sensor (Fig. 2 and as described above);
wherein in response to a command from said input device, a ball is released
into said ball entrance, wherein said ball travels through said midsection, then said guide, and then said sensor (Fig. 2 showing ball in transit); and
wherein said sensor detects said ball's presence and generates an input signal
to be further processed (Fig. 2 detected by sensor 29).
Alllowable Subject Matter
7. Claims 2-7, 9-11, and 13-14 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.
8. The following is a statement of reasons for the indication of allowable subject matter: the input device of Oursler lacks wherein said midsection is a hollow arrowhead shape
apparatus that points downwards; a swinging midsection powered by a motor; wherein said ball guide is comprised of translucent material; signage and signage that blinks affixed about said sensor; alternate alignments of the components to the left or right; a ball entrance guide; or of a translucent panel covering said ball entrance, said midsection, said ball guide and said sensor. The art of record does not teach or suggest the particular combination of the ball entrance followed by a midsection in an arrowhead shape leading to a translucent guide and ball sensor and optional blinking signage. Pinball machines made of record follow traditional designs to present a series of funneling chutes and large bumpers. Pachinco machines made of record present channeling nails leading to capture devices but not of a swinging or moving ball guide as demonstrated by the art made of record.
Conclusion
9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is in the Notice of References Cited.
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Paul A. D’Agostino whose telephone number is (571) 270-1992.
11. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
12. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Lewis can be reached on (571) 272-7673. The fax phone number for the organization where this application or proceeding is assigned is 571-270-2992.
/PAUL A D'AGOSTINO/Primary Examiner, Art Unit 3715
Prosecution Insights