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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-2, 5-7, 14-16, and 19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 10-13, and 20 of copending Application No. 18/741,880 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1 and 2, 5, 6 and 19, 7, 14, 15 and 16, are anticipated, respectively, by claims 1, 11, 10, 13, 12, 20, of the reference application. Every limitation in the application under examination claims is recited in the conflicting reference patent claims, and the differences between the claims are highlighted below by bolding all limitations that differ, italicizing additional limitations, and underlining limitations that will be addressed below.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Instant Application 18/741,890
Reference Application 18/741,880
1. A launch monitor system configured to monitor at least one dynamic golf object, wherein the at least one dynamic golf object includes: (i) at least one backing marker comprised of a white colorant, and (ii) at least one primary marker comprised of a fluorescent colorant, wherein the at least one backing marker is applied to an outer surface of the at least one dynamic golf object and the at least one primary marker is applied over the at least one backing marker, the launch monitor system comprising: a first light source configured to illuminate the at least one dynamic golf object; a first imager configured to obtain at least one image of the at least one dynamic golf object; and a first processor in communication with the first imager, the first processor being configured to generate kinematic information regarding the at least one dynamic golf object based on the at least one image from the first imager.
1. A launch monitor system configured to monitor at least one dynamic golf object, wherein the at least one dynamic golf object includes at least one first marker comprised of a first fluorescent colorant, the launch monitor system comprising: a first light source configured to illuminate the at least one dynamic golf object with light at a first wavelength range; a first imager configured to obtain at least one image of the at least one dynamic golf object, the first imager being configured to capture light at a second wavelength range, wherein the second wavelength range is in the near-infrared or infrared range, and the second wavelength range includes wavelengths that are longer than wavelengths in the first wavelength range; and a first processor in communication with the first imager, the first processor being configured to generate kinematic information regarding the at least one dynamic golf object based on the at least one image from the first imager, wherein the first fluorescent colorant on the at least one dynamic golf object is configured to: absorb light from the first light source at least within the first wavelength range, and emit light towards the first imager at least within the second wavelength range.
2. The launch monitor system according to claim 1, wherein the fluorescent colorant of the at least one primary marker is configured to: absorb light from the first light source at least within a first wavelength range, and emit light towards the first imager at least within a second wavelength range that includes wavelengths that are longer than wavelengths in the first wavelength range.
1. A launch monitor system configured to monitor at least one dynamic golf object, wherein the at least one dynamic golf object includes at least one first marker comprised of a first fluorescent colorant, the launch monitor system comprising: a first light source configured to illuminate the at least one dynamic golf object with light at a first wavelength range; a first imager configured to obtain at least one image of the at least one dynamic golf object, the first imager being configured to capture light at a second wavelength range, wherein the second wavelength range is in the near-infrared or infrared range, and the second wavelength range includes wavelengths that are longer than wavelengths in the first wavelength range; and a first processor in communication with the first imager, the first processor being configured to generate kinematic information regarding the at least one dynamic golf object based on the at least one image from the first imager, wherein the first fluorescent colorant on the at least one dynamic golf object is configured to: absorb light from the first light source at least within the first wavelength range, and emit light towards the first imager at least within the second wavelength range.
5. The launch monitor system according to claim 1, wherein the dynamic golf object is a white golf ball.
11. The launch monitor system according to claim 1, wherein the at least one dynamic golf object is comprised of a white golf ball.
6. The launch monitor system according to claim 1, wherein the dynamic golf object is a non-white golf ball.
10. The launch monitor system according to claim 1, wherein the at least one dynamic golf object is comprised of a non-white golf ball.
7. The launch monitor system according to claim 1, wherein the dynamic golf object is a golf club.
13. The launch monitor system according to claim 1, wherein the at least one dynamic golf object is comprised of a golf ball, and wherein the launch monitor system is further configured to monitor a golf club including at least one first golf club marker comprised of a second fluorescent colorant, wherein the launch monitor system further comprises: a second light source configured to illuminate the golf club with light at a third wavelength range; a second imager configured to obtain at least one image of the golf club, the second imager being configured to capture light at a fourth wavelength range, wherein the fourth wavelength range is in the near-infrared or infrared range, and the fourth wavelength range includes wavelengths that are longer than wavelengths in the third wavelength range; and a second processor in communication with the second imager, the second processor being configured to generate kinematic information regarding the golf club based on the at least one image from the second imager, wherein the second fluorescent colorant on the golf club is configured to: absorb light at least within the third wavelength range, and emit light at least within the fourth wavelength range.
14. The launch monitor system according to claim 1, wherein the at least one dynamic golf object is a golf ball, and the fluorescent colorant is configured to emit light having a wavelength in a near-infrared or infrared light range, and the golf ball further comprises at least one second marker comprised of another fluorescent colorant that is configured to emit light having a wavelength in a visible light range, and the golf ball further comprises at least one third marker comprised of a black colorant.
12. The launch monitor system according to claim 1, wherein the at least one dynamic golf object is a golf ball, and the first fluorescent colorant is configured to emit light having a wavelength in a near-infrared or infrared light range, and the golf ball further comprises at least one second marker comprised of a second fluorescent colorant that is configured to emit light having a wavelength in a visible light range, and the golf ball further comprises at least one third marker comprised of a black colorant.
15. A method of generating kinematic information regarding a dynamic golf object via a launch monitor, the method comprising: applying at least one backing marker comprised of a white colorant to the dynamic golf object; applying at least one primary marker comprised of a fluorescent colorant to the dynamic golf object, such that the at least one primary marker at least partially overlaps with the at least one backing marker; illuminating, via a first light source, the dynamic golf object with light; obtaining, via a first imager, at least one image of the dynamic golf object; and generating, via a processor, kinematic information regarding the at least one dynamic golf object based on the at least one image from the first imager.
20. A method of generating kinematic information regarding a dynamic golf object via a launch monitor, the method comprising: applying at least one first marker comprised of a first fluorescent colorant to the dynamic golf object; illuminating, via a first light source, the dynamic golf object with light at a first wavelength range, wherein the first wavelength range is within the visible light range of the electromagnetic spectrum; obtaining, via a first imager, at least one image of the dynamic golf object, wherein the first imager is configured to capture light at a second wavelength range, wherein the second wavelength range is within the near-infrared or infrared range of the electromagnetic spectrum, and the second wavelength range includes wavelengths that are longer than wavelengths in the first wavelength range; and generating, via a processor, kinematic information regarding the at least one dynamic golf object based on the at least one image from the first imager, wherein the first fluorescent colorant on the at least one dynamic golf object is configured to: (i) absorb visible light from the first light source at least within the first wavelength range, and (ii) emit near-infrared or infrared light towards the first imager at least within the second wavelength range, and wherein the first light source is comprised of a flash tube, and a filter that is configured to filter light emitted from the flash tube having a wavelength below the second wavelength range, and the first imager is a near-infrared or infrared imager.
16. The method according to claim 15, wherein the fluorescent colorant of the at least one primary marker is configured to: absorb light from the first light source at least within a first wavelength range, and emit light towards the first imager at least within a second wavelength range that includes wavelengths that are longer than wavelengths in the first wavelength range.
20. A method of generating kinematic information regarding a dynamic golf object via a launch monitor, the method comprising: applying at least one first marker comprised of a first fluorescent colorant to the dynamic golf object; illuminating, via a first light source, the dynamic golf object with light at a first wavelength range, wherein the first wavelength range is within the visible light range of the electromagnetic spectrum; obtaining, via a first imager, at least one image of the dynamic golf object, wherein the first imager is configured to capture light at a second wavelength range, wherein the second wavelength range is within the near-infrared or infrared range of the electromagnetic spectrum, and the second wavelength range includes wavelengths that are longer than wavelengths in the first wavelength range; and generating, via a processor, kinematic information regarding the at least one dynamic golf object based on the at least one image from the first imager, wherein the first fluorescent colorant on the at least one dynamic golf object is configured to: (i) absorb visible light from the first light source at least within the first wavelength range, and (ii) emit near-infrared or infrared light towards the first imager at least within the second wavelength range, and wherein the first light source is comprised of a flash tube, and a filter that is configured to filter light emitted from the flash tube having a wavelength below the second wavelength range, and the first imager is a near-infrared or infrared imager.
19. The method according to claim 15, wherein the dynamic golf object is a non-white golf ball.
6. The launch monitor system according to claim 1, wherein the first light source is a near-infrared or infrared light source.
Claim 1 of the reference application recites almost all the limitations of claim 1 of the instant application except (i) at least one backing marker comprised of a white colorant and wherein the at least one backing marker is applied to an outer surface of the at least one dynamic golf object and the at least one primary marker is applied over the at least one backing marker. However, WELCH teaches (i) at least one backing marker (12,14) comprised of a white colorant (The core 12 also has a core surface 14 and core surface 14 is given a light reflective, light colored or white coating, see Detailed Description) and wherein the at least one backing marker is applied to an outer surface of the at least one dynamic golf object and the at least one primary marker is applied over the at least one backing marker (see Fig.2, where primary marker 16 is applied over backing marker 12 on the golf ball).
It would have been obvious to person of ordinary skill in the art before the effective filing date of the claimed invention to add the backing marker, as disclosed in WELCH, within claim 1 of the reference patent, to have a ball that can be visible during the day in night to aid in monitoring its kinematic information (WELCH, pg.8, lines 1-2).
Claim 1 of the reference application recites almost all the limitations of claim 2 of the instant application except that includes wavelengths that are longer than wavelengths in the first wavelength range. However, GOBUSH teaches at least within a first wavelength range and at least within a second wavelength range that includes wavelengths that are longer than wavelengths in the first wavelength range (In one embodiment, the optical properties of quantum dots, such as their emission spectrum, can be varied based on their diameter. As shown in FIG. 17, in one embodiment, excitation peaks occur at short wavelengths as a result of small diameter quantum dots. Conversely, excitation peaks occur at longer wavelengths as a result of long diameter quantum dots [0058].
It would have been obvious to person of ordinary skill in the art before the effective filing date of the claimed invention to modify the fluorescent marker of the instant application with the various wavelengths of GOBUSH in order to have various colors where the light emitted and absorbed from the primary marker is seen through a range of wavelengths (GOBUSH, [0058]).
Claim 11 of the reference application recites the same limitations as claim 5 of the instant application.
Claim 10 of the reference application recites the same limitations as claim 6 of the instant application.
Claim 13 of the reference application recites all the limitations of claim 7 of the instant application and additional limitations.
Claim 12 of the reference application recites all the limitations of claim 14 of the instant application.
Claim 20 of the reference application almost all the limitations of claim 15 of the instant application except applying at least one backing marker comprised of a white colorant to the dynamic golf object and such that the at least one primary marker at least partially overlaps with the at least one backing marker. As discussed above in claim 1, WELCH teaches applying at least one backing marker comprised of a white colorant to the dynamic golf object ((The core 12 also has a core surface 14 and core surface 14 is given a light reflective, light colored or white coating, see Detailed Description) and such that the at least one primary marker at least partially overlaps with the at least one backing marker (see Fig.2, where primary marker 16 is applied over backing marker 12 on the golf ball).
It would have been obvious to person of ordinary skill in the art before the effective filing date of the claimed invention to modify the method, as disclosed in WELCH, within claim 20 of the reference patent, to have a ball with a marker that can be visible during the day in night to aid in monitoring its kinematic information (WELCH, pg.8, lines 1-2).
Similarly, claim 20 of the reference application has almost all the limitations of claim 16 of the instant application except that includes wavelengths that are longer than wavelengths in the first wavelength range. A modification as discussed earlier in regards to claim 2 of the instant application can be applied, as it is the same limitation.
Claim 10 of the reference application recites the same limitations as claim 19 of the instant application.
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.
1. Claims 1-14 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Gobush (US 8556267 B2).
Regarding claim 1, Gobush teaches A launch monitor system configured to monitor at least one dynamic golf object (The launch monitor may "recognize" a plurality of golf clubs and golf balls based on an optical fingerprint, see Abstract), wherein the at least one dynamic golf object (golf ball) includes: the launch monitor system comprising: a first light source (121) configured to illuminate the at least one dynamic golf object (The light source is used to illuminate the ball and club in order to generate one or more images, col 19, lines 22-23); a first imager (115) configured to obtain at least one image of the at least one dynamic golf object (The light that reflects back from each object is imaged by the camera assembly (col 19, lines 25-26); and a first processor (301) in communication with the first imager, the first processor being configured to generate kinematic information regarding the at least one dynamic golf object based on the at least one image from the first imager (In order to analyze the kinematic properties of the golf club and golf ball, it is desirable that the cameras have short exposure times, with short intervals between consecutive images. As such, it is preferable to have the acquired images transferred to an electronic memory soon after they are acquired by the imaging sensor of each camera. In a preferred embodiment, each camera is attached to a processor, such as a computer (col 14, lines 65-67 & col 15, lines 1-6).
While, Gobush fails to explicitly recite the details of the dynamic golf object: ” (i) at least one backing marker comprised of a white colorant, and (ii) at least one primary marker comprised of a fluorescent colorant, wherein the at least one backing marker is applied to an outer surface of the at least one dynamic golf object and the at least one primary marker is applied over the at least one backing marker,” under BRI, the claim only requires a launch monitor system configured to monitor the golf object; this would not include the ball itself. As such, Gobush appreciates the structural limitations of the claim.
Claims 2-14 are dependent from claim 1 and recite further details of the at least one dynamic golf object. As such, under the BRI of claim 1, the claim only requires a launch monitor system are also not included in further dependent claims.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
1. Claims 15, 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Gobush (US 8556267 B2) in view of WELCH (WO 9948570 A1).
Regarding claim 15, Gobush teaches A method of generating kinematic information regarding a dynamic golf object via a launch monitor, the method comprising: illuminating, via a first light source (121), the dynamic golf object with light (The light source is used to illuminate the ball and club in order to generate one or more images, col.19, lines 22-23); obtaining, via a first imager (115), at least one image of the dynamic golf object (The light that reflects back from each object is imaged by the camera assembly, col 19, lines 25-26); and generating, via a processor (301), kinematic information regarding the at least one dynamic golf object based on the at least one image from the first imager (In order to analyze the kinematic properties of the golf club and golf ball, it is desirable that the cameras have short exposure times, with short intervals between consecutive images. As such, it is preferable to have the acquired images transferred to an electronic memory soon after they are acquired by the imaging sensor of each camera. In a preferred embodiment, each camera is attached to a processor, such as a computer (col 14, lines 65-67 & col 15, lines 1-6).
While Gobush teaches the outer surface of the at least one golf object comprises at least 3 markers (col 3, lines 24-25), it fails to teach the method comprising: applying at least one backing marker comprised of a white colorant to the dynamic golf object; applying at least one primary marker comprised of a fluorescent colorant to the dynamic golf object, such that the at least one primary marker at least partially overlaps with the at least one backing marker.
WELCH teaches this as follows: applying at least one backing marker comprised of a white colorant (12,14) to the dynamic golf object (The core 12 also has a core surface 14 and core surface 14 is given a light reflective, light colored or white coating, see Detailed Description), applying at least one primary marker (16) comprised of a fluorescent colorant (24) to the dynamic golf object, such that the at least one primary marker at least partially overlaps with the at least one backing marker (see Fig.2, where primary marker 16 is applied over backing marker 12 on the golf ball).
Therefore, it would have been obvious to modify the markers of the launch monitor device of Gobush with the backing and primary markers of WELCH to have a ball that can be visible during the day in night to aid in monitoring its kinematic information (WELCH, pg.8, lines 1-2).
Regarding claim 19, the modified Gobush teaches wherein the dynamic golf object is a golf ball, but doesn’t necessarily teach that it is non-white. A non-white golf ball is conventional or well-known to one having ordinary skill in the art, sufficient for the examiner to take official notice. One having ordinary skill in the art would have recognized that modifying the dynamic golf object of Gobush to include a non-white golf ball, would have advantageously allowed a variety of golf objects to be monitored. Accordingly, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention to modify the golf ball of Gobush to include a non-white golf ball.
Regarding claim 20, the modified Gobush teaches wherein the at least one backing marker is applied via pad printing, and the at least one primary marker is applied via pad printing (In one embodiment, the markers are pad printed onto the golf ball, Gobush, col 37, lines 65-66). It would have been obvious for the at least one backing marker and the at least one primary marker to be applied via pad printing, as this is commonly performed in the golf ball art.
2. Claims 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Gobush in view of WELCH, further in view of GOBUSH (JP 2006167449 A).
Regarding claim 16, while the modified Gobush teaches The method according to claim 15, wherein the fluorescent colorant (24 of WELCH) of the at least one primary marker (16 of WELCH) is configured to: absorb light and emit light (The photostorage material 22 in cover 16 will absorb and store radiant energy from the compact fluorescent light. Thus charged, golf ball 10 and more particularly cover 16 of golf ball 10 will emit a bright yellow - green glow, WELCH, pg.9, lines 12-15). In the combination of Gobush with WELCH, the fluorescent colorant of WELCH can absorb light from the first light source and emit light towards the first imager of Gobush, as this simply a rearrangement of parts; see MPEP 2144.04(VI)(C).
However, the modified Gobush fails to teach at least within a first wavelength range and at least within a second wavelength range that includes wavelengths that are longer than wavelengths in the first wavelength range.
GOBUSH teaches this as follows: at least within a first wavelength range and at least within a second wavelength range that includes wavelengths that are longer than wavelengths in the first wavelength range (In one embodiment, the optical properties of quantum dots, such as their emission spectrum, can be varied based on their diameter. As shown in FIG. 17, in one embodiment, excitation peaks occur at short wavelengths as a result of small diameter quantum dots. Conversely, excitation peaks occur at longer wavelengths as a result of long diameter quantum dots [0058].
As the modified Gobush and GOBUSH both teach launch monitor systems with markers on a golf object, it would have been obvious to modify the fluorescent colorant of the modified Gobush with the optical properties of quantum dots (markers) of GOBUSH in order to have various colors where the light emitted and absorbed from the primary marker is seen through a range of wavelengths (GOBUSH, [0058]).
Regarding claims 17, the further modified Gobush (with GOBUSH), teaches The method according to claim 16, wherein the first wavelength range is in the visible light range, and the second wavelength range is in the near-infrared or infrared light range (According to one aspect of the present invention, quantum dots are continuously color tunable from end to end over a range of wavelengths. Examples of these wavelengths include ultraviolet to visible spectrum and near infrared spectrum (350 nm to 2300 nm), GOBUSH, [0057]). This appreciates claim 18 as well, as the second wavelength can also be in visible light range due to the large emission spectrum of GOBUSH [0057].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RIA SHARMA whose telephone number is (571)272-0286. The examiner can normally be reached 8:00am- 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas Weiss can be reached at (571) 270-1775. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RIA SHARMA/ Examiner, Art Unit 3711
/NICHOLAS J. WEISS/ Supervisory Patent Examiner, Art Unit 3711
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