DETAILED ACTION
Claim Objections
Claim 8 is objected to because of the following informalities: Claim 8 line 2 recites “each goal 1s” as best understood this should read “each goal is”. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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.
Claims 1,2 5, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DeCarlo, US 2018/0093133.
In Reference to Claim 1
DeCarlo teaches a system for a hybrid electronic and physical sporting experience (Par. 27 “According to another exemplary embodiment, robotic sports interactions may be provided, where a human may compete against a robotic machine, or on a robotically controlled platform, etc.”), including a physical playing environment for a pair of teams to play a physical sport (Par. 22 and Par. 292 “The permanently mounted robotic equipment that moves the goals can be configured for different types and sizes of sports goals so the indoor arenas can also be used for other individual and team sports such as lacrosse, soccer, tennis, frisbee, hockey, archery, etc., according to an exemplary embodiment.” See also Par. 195-196 which teaches the robots on play fields and Par. 268 which teaches use of the robots by two teams) wherein at least one component of the physical playing environment is modified to receive electronic communication from at least two electronic game controllers (Fig. 1 and Par. 84-85 which teaches the goal robot can be controlled wirelessly from a remote device. Abstract, Par. 218, 268 which teaches where the system can in two goal robots connected to two control devices), each of the two electronic game controllers associated with one of the teams, and in response to predetermined electronic communication from one of the electronic game controllers to change state (Abstract, Par. 218, 268 which teach controllers associated with each of two teams for controlling the robots. Abstract, Fig. 28-29 and Par. 201-207 which teaches a sporting goal that can be controlled including movement of the goal. Par. 183 and Par. 304-306 which teaches where the robot can be remotely controlled, including by the audience or an athletic participant. See also Par. 267-272 which teaches that the personified robots can be used to compete in the game and be controlled by the respective teams); a sporting object for playing the physical sport within the physical playing environment (Fig. 27 and Par. 183, 200, 305 which teaches a speaker system for outputting sound associated with the robot. And which also teaches a sound system. Par. 196 which teaches a Jumbotron display); and a display board capable of receiving electronic communication from the electronic game controllers and displaying a status of the hybrid electronic and physical sporting experience (Par. 184, 190, 202-203 which teaches various displays of the robot goal for displaying the personified emotion of the controlled robot. Par. 196 which teaches this can include a Jumbotron. See also Par. 232 which teaches that the robot displays can also display status such as current team affiliation).
In Reference to Claim 2
DeCarlo teaches wherein the at least one component of the playing environment includes at least one goal (Fig. 28 and Par. 292 “The permanently mounted robotic equipment that moves the goals can be configured for different types and sizes of sports goals”).
In Reference to Claim 5
DeCarlo teaches wherein the at least one component of the playing environment includes a lighting system, a sound system, an interactive floor projection system, a hologram projection system, or a smoke and fan system (Par. 183 “sound system” and Fig. 27 and Par. 200 which teaches a speaker).
In Reference to Claim 11
DeCarlo A hybrid electronic and physical team sporting environment (Par. 27 “According to another exemplary embodiment, robotic sports interactions may be provided, where a human may compete against a robotic machine, or on a robotically controlled platform, etc.”), comprising means for playing a physical team sport including a physical sporting environment (Par. 22 and Par. 292); a plurality of means for playing an electronic sport, each in electronic communication with at least one part of the physical sporting environment (Fig. 1 and Par. 84-85 which teaches the goal robot can be controlled wirelessly from a remote device. Abstract, Par. 218, 268 which teaches where the system can in two goal robots connected to two control devices); and means for modifying the physical sporting environment in response to electronically communicated instructions from the means for playing the electronic sport (Abstract, Fig. 28-29 and Par. 201-207 which teaches a sporting goal that can be controlled including movement of the goal. Par. 183 and Par. 304-306 which teaches where the robot can be remotely controlled, including by the audience or an athletic participant. See also Par. 267-272 which teaches that the personified robots can be used to compete in the game and be controlled by the respective teams).
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 8-10, 12, and 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over DeCarlo, US 2018/0093133, in view of Lalaoua, US 2019/0160356.
In Reference to Claim 8
DeCarlo teaches A hybrid electronic and physical team sporting environment (Par. 27 “According to another exemplary embodiment, robotic sports interactions may be provided, where a human may compete against a robotic machine, or on a robotically controlled platform, etc.”), comprising a physical playing field including at least two goals, wherein each goal is associated with a team (Par. 22 and Par. 292 “The permanently mounted robotic equipment that moves the goals can be configured for different types and sizes of sports goals so the indoor arenas can also be used for other individual and team sports such as lacrosse, soccer, tennis, frisbee, hockey, archery, etc., according to an exemplary embodiment.” See also Par. 195-196 which teaches the robots on play fields and Par. 268 which teaches use of the robots by two teams. The goals in such sports will be each be “associated” with a team as they are the means by with the other team scores in that team goal according to the rules of the game. See for example Par. 6); a plurality of electronic game controllers in electronic communication with the goals and wherein at least one electronic game controller is associated with each team (Fig. 1 and Par. 84-85 which teaches the goal robot can be controlled wirelessly from a remote device. Abstract, Par. 218, 268 which teach controllers associated with each of two teams for controlling the robots. Par. 183 and Par. 304-306 which teaches where the robot can be remotely controlled, including by the audience or an athletic participant.); and a display board for displaying a status of a game played in the physical playing field and in electronic communication with the electronic game controllers (Par. 184, 190, 202-203 which teaches various displays of the robot goal for displaying the personified emotion of the controlled robot. Par. 196 which teaches this can include a Jumbotron).
However, DeCarlo does not explicitly teach a lighting system for the physical playing field in electronic communication with the electronic game controllers.
Lalaoua teaches a gaming goal devices with includes a lighting system for the physical playing field which is in electronic communication with remote devices to control the lights (Par. 31).
It would be desirable to modify the robot goal sporting environment of DeCarlo to include a lighting system controlled bet the remote devices as taught by Lalaoua in order to increase the excitement of the audience viewing the robot goal by including a lighting system at part of the robot goal to enhance the robot goal’s reaction to game scoring events with lights of visual effects in the manner described in Par. 31 of Lalaoua.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to modify the robot goal sporting environment of DeCarlo to include a lighting system controlled bet the remote devices as taught by Lalaoua.
In Reference to Claim 9
DeCarlo and Lalaoua teaches where the electronic game controllers allow users to send instructions modifying the lighting system, the display board, and at least one of the goals (DeCarlo Abstract, Par. 218, 268 which teach controllers associated with each of two teams for controlling the robots. Abstract, Fig. 28-29 and Par. 201-207 which teaches a sporting goal that can be controlled including movement of the goal. Par. 183 and Par. 304-306 which teaches where the robot can be remotely controlled, including by the audience or an athletic participant. See also Par. 267-272 which teaches that the personified robots can be used to compete in the game and be controlled by the respective teams. Lalaoua Par. 31 which remote control of the lighting system).
In Reference to Claim 10
DeCarlo teaches wherein the plurality of electronic game controllers includes a third electronic game controller associated with a neutral game manager (Par. 183 “According to an exemplary embodiment, a user interface can be used by an example back office human user” Par. 304 “The sporting apparatus can further include: where the user comprises at least one of: audience user; a player user; or a referee user.”).
In Reference to Claim 12
DeCarlo teaches wherein the physical sporting environment includes, a sound system (Par. 183 “sound system” and Fig. 27 and Par. 200 which teaches a speaker), and a first goal associated with a first team and a second goal associated with a second team (Par. 22 and Par. 292. See also Par. 195-196 which teaches the robots on play fields and Par. 268 which teaches use of the robots by two teams. The goals in such sports will be each be “associated” with a team as they are the means by with the other team scores in that team goal according to the rules of the game. See for example Par. 6).
However, DeCarlo does not explicitly teach a lighting system for the physical playing field in electronic communication with the electronic game controllers.
Lalaoua teaches a gaming goal devices with includes a lighting system for the physical playing field which is in electronic communication with remote devices to control the lights (Par. 31).
It would be desirable to modify the robot goal sporting environment of DeCarlo to include a lighting system controlled bet the remote devices as taught by Lalaoua in order to increase the excitement of the audience viewing the robot goal by including a lighting system at part of the robot goal to enhance the robot goal’s reaction to game scoring events with lights of visual effects in the manner described in Par. 31 of Lalaoua.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to modify the robot goal sporting environment of DeCarlo to include a lighting system controlled bet the remote devices as taught by Lalaoua.
In Reference to Claim 14
DeCarlo teaches wherein the means for modifying the physical sporting environment include a means for height adjustment of the first goal and a means for height adjustment of the second goal (Where two goals are taught as described above and Fig. 32A-F and Par. 273 which teach physically moving the basketball goals including height. See also Par. 306 which teach that the robot can be controlled such as to try to evade a basket).
In Reference to Claim 15
DeCarlo and Lalaoua teaches wherein means for modifying the physical sporting environment include a means for adjusting intensity of lighting from the lighting system (Lalaoua Par. 31). However, they do not explicitly teach adjusting the direction of the lighting system.
DeCarlo teaches where LED displays on the robot goal can be adjusted in direction (Par. 203-205).
It would be desirable to modify DeCarlo and Lalaoua to allow the lighting system of the robot goal to also be altered in direction as taught by DeCarlo so that the LED lights of Lalaoua that illuminate as part of the personified performance of the robot goal can be adjusted to better match the intended movement and appearance of the goal and increase the enjoyment of the spectators.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to modify DeCarlo and Lalaoua to allow the lighting system of the robot goal to also be altered in direction as taught by DeCarlo.
In Reference to Claim 16
DeCarlo teaches wherein the means for playing the physical team sport includes a means for displaying game status and rule changes (DeCarlo Par. 196 which teaches a controllable Jumbotron. See also Par. 232 which teaches that the robot displays can also display status such as current team affiliation).
In Reference to Claim 17
DeCarlo teaches wherein the means for playing the electronic sport is one of a cell phone, a tablet, a touchscreen device, a virtual reality headset, an audio input headset, an audio input device, or a wearable device for audio or touch input (Fig. 1 and Par. 85 “smart phone” “tablet”).
Allowable Subject Matter
Claims 3-4, 6-7, and 13 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/CARL V LARSEN/ Examiner, Art Unit 3715