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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “23” has been used to designate both “a sleeve fitting” and “resilient bag assembly” (see Figs. 5 and 6 and Applicant’s para. [0021]).
In Fig. 1, reference numeral 12 has a line to a recess, but in Fig. 2 numeral 12 is has a line to an enclosure.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
The use of the term “Velcro,” which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
This specification is also objected to because reference numeral 16 in the specification has been disclosed as multiple structures such as a removable closure panel assembly 16 (see para. [0022]), punching targets 16 (see para. [0022]), resilient analogue targets 16 (see para. [0022]), resilient target assembly 16 (see para. [0022]), closure insert assembly 16 (see para. [0020]). Additionally, reference numeral 11 has been disclosed as “target mounting fitting inserts 11” and “mounting insert 11,” “insert 11, mounting recess 11 (see paras. [0019]-[0020],[0022]) . Furthermore, reference numeral 12 has been used to designate a support enclosure 12 and a flange 12 (see para. [0019]). Consistent use of reference numerals and terminology should be used throughout the specification.
The specification is further objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
Claim 1 recites the term “access insert panel assemblies” which is not found in the specification (see para. [0024] which recites “access fitting 36”; para. [0026] which recites “access panels 33”).
Claim 2 recites the term “means for securing said punching targets to said target mounting inserts” which is not found in the specification. (see para. [0021], where “retainment strips” are disclosed to secure punching targets).
Claim 4 recites “means for securing said punching targets to said target mounting inserts” and “retainment fasteners” which is not found in the specification. (see para. [0021], where “retainment strips” are disclosed).
Claim 5 recites “punching targets to the target bag insert further comprise, a locking cylinder extending from said target registerable within said target mounting inserts secured thereto by axial rotation of said punching target” which is not found in the specification.
Claim 6 recites “wherein said access closure insert panel assemblies and said target inserts comprises, a padded surface interengaging retainment element registerable within said target mounting inserts, registration lugs extending from exterior surface registerable with spiral channels in said target mounted inserts” which is not found in the specification.
Terminology found in the claims should be consistent with that in the specification.
Appropriate correction is required.
Claim Objections
Claims 1, 5, and 6 are objected to because of the following informalities:
Claim 1, line 2 recites the limitation “target mounted inserts” which should recite “target mounting inserts” as consistent with lines 3 and 4-5 of the claim.
Claim 5, line 2, recites the limitation “target bag insert” which should recite “target mounting inserts” as consistent with lines 3 and 4-5 of the claim.
Claim 6 recites the limitation " access closure insert panel assemblies" in lines 1-2 which should recite “access insert panel assemblies” as consistent with terminology used in claim 1.
Claim 6 recites the limitation "target inserts" in line 2 and “target mounted inserts” in line 5 which should recite “target mounting inserts” as consistent with terminology used in claim 1.
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.
“target mounting inserts” (nonce term “insert” for the function of “mounting”) in claim 1 is interpreted as disclosed in para. [0019]-[0020] to be an enclosure 12 and a mounting recess 11 (see para. [22])
“means for securing said punching targets” in claim 2 is interpreted to be retainment fasteners (as recited in claim 4 and para [0021] as Velcro retainment strips), and locking cylinder (as recited in claim 5, and para. [0021], as a sleeve fitting 23) and equivalents thereof
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.
Claims 5-6 are 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 5, lines 2-3 recites the limitation “a locking cylinder extending from said target registerable within said target mounting inserts” which is generally unclear and indefinite. The term “registerable within” is unclear.
Claim 6 recites “wherein said access closure insert panel assemblies and said target inserts comprises, a padded surface interengaging retainment element registerable within said target mounting inserts, registration lugs extending from exterior surface registerable with spiral channels in said target mounted inserts” which is generally unclear and indefinite. The term “registerable within” is unclear. Furthermore, it is unclear what structure’s “exterior surface” the lugs extend.
Appropriate correction is required.
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 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Haselrig (US PG Pub. No. 2016/0023078, Jan. 28, 2016).
Regarding claim 1, as broadly interpreted, Haselrig teaches a sports training apparatus assembly comprising, a plurality of target mounted inserts (i.e., interpreted to be the channels/passages/recess 214 or the inserts 206,224,220 that goes within the recess, see para. [0048], and Figs. 7-8 below) within a punching bag 200 (see para. [0048], and Figs. 7-8 below), a plurality of punching targets (i.e., arms 202,203 and/or speed bags 204,205, see Figs. 7-8 below and paras. [0048]-[0049]) selectively secured within said target mounting inserts 214 (i.e., securing via screwing or attaching a portion of 202,203 and/or speed bags 204,205 within the inserts 214), access insert panel assemblies (i.e., connecting device 224, see para. [0049], and Fig. 8 below) removably secured to said respective target mounting inserts 214 (i.e., removably secured via external threads 226, see para. [0049]).
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Regarding claim 2, as broadly interpreted, Haselrig teaches the sports training apparatus assembly set forth in claim 1 wherein said target mounting inserts 214 comprise, an open support enclosure (i.e., the channel or passage 214 through the bag 200), target attachment fittings (i.e., attachment device 206 having a second end 210 within enclosure 214, see para. [0049] and Fig. 8 above) within said support enclosure 214 and means for securing (i.e., metal rod/tube/connecting device 224 having external threads 226, see para. [0049] and Fig. 8 above) said punching targets 202,203 (see Fig. 8 above) thereto.
Regarding claim 3, as broadly interpreted, Haselrig teaches the sports training apparatus assembly set forth in claim 1 wherein said punching targets (i.e., arms 202,203 and/or speed bags 204,205, see Figs. 7-8 above and paras. [0048]-[0049]) comprise, a target (i.e., padded sleeve 216, see para. [0049], and Fig. 8 above), a resilient member (i.e., deformable spring 220, see para. [0049] and Fig. 8 above) extending from said target 216 and a locking assembly securing said target 216 to said punching bag 200.
Regarding claim 4, as broadly interpreted, Haselrig teaches the sports training apparatus assembly set forth in claim 2 wherein said means for securing said punching targets to said target mounting inserts 214 comprises, a plurality of retainment fasteners.
Regarding claim 5, as broadly interpreted, Haselrig teaches the sports training apparatus assembly set forth in claim 2 wherein said means for securing (i.e., metal rod/tube/connecting device 224 having external threads 226, see para. [0049] and Fig. 8 above) said punching targets 202,203,204,205 to the target bag insert 214 further comprise, a locking cylinder 224 extending from said target 202,203,204,205 registerable within said target mounting inserts 214 secured thereto by axial rotation of said punching target 202,203,204,205 (see para. [0049], via screwing onto 206 via threads 226).
Allowable Subject Matter
Claim 6 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding claim 6, none of the prior art either alone or in combination teach or suggest the sports training apparatus set forth in claim 1 wherein said access closure insert panel assemblies and said target inserts comprises, a padded surface interengaging retainment element registerable within said target mounting inserts, registration lugs extending from exterior surface registerable with spiral channels in said target mounted inserts.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW S LO whose telephone number is (571)270-1702. The examiner can normally be reached Mon. - Fri. (9:30 am - 5:30 pm EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn Jimenez can be reached at (571) 272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW S LO/Primary Examiner, Art Unit 3784