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 .
The Applicant’s amendment and argument received on 11/03/2025 has been considered. It is noted that claims 1, 4, 7, 14, 15, 17, and 20 have been amended. It is noted that claims 8 and 9 have been cancelled.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 was amended to include “wherein the at least two sensors include a sound sensor or an accelerometer, the sound sensor is configured to detect drones near to the plurality of gates” in lines 3-5 and “adjusting points based on the sensor data from the sound sensor” in line 19, which was the examiner points out to include new subject matter that was not described in the specification and does not have any support in the specification. Although the applicant’s specification teaches accelerometer, the specification did not teach or describe a sound sensor, a sound sensor for detecting drones near a gate, nor a sound sensor for adjusting points.
Claim 17 was amended to include “sensor module includes a sound sensor and an accelerometer, the sound sensor is configured to detect drones” in lines 5-6, which was the examiner points out to include new subject matter that was not described in the specification and does not have any support in the specification. Although the applicant’s specification teaches accelerometer, the specification did not teach or describe a sound sensor, a sound sensor for detecting drones near a gate, nor a sound sensor for adjusting points.
Claim Rejections - 35 USC § 102
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 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.
Claim 20 is rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Sohn et al (US 2022/0134217).
Regarding claim 20: Sohn et al discloses a drone gaming system, comprising: a plurality of hoops, wherein each of the plurality of hoops include a set of sensors (see figure 10, paragraph [0021], showing a drone game system using a drone pass multi-detection sensor gate, includes one or more gates having a ring-shaped structure through which a drone is able to pass during flight, a first pass detection sensor disposed in an inner front of the gate to detect whether a drone in flight passes through the gate from a front of the gate, a second pass detection sensor disposed in inner rear of the gate to detect whether the drone detected by the first pass detection sensor passes through the gate from a rear of the gate), the set of sensors include one or combinations of: an RFID sensor, camera, and accelerometer, the accelerometer is configured to detect drones striking the plurality of hoops, and the set of sensors are configured to sense drones passing through the hoops (see paragraph [0053], showing the system including an RFID sensor. To identify the ID of a drone, an identification tag containing information such as an RFID tag or a transmitter that transmits a signal may be attached to the drone, and the drone detection sensor may include a means for detecting a remotely located identification tag such as an RFID sensor or a receiver for receiving a signal transmitted from a transmitter attached to a drone remotely located. For such wireless communication, various means using radio waves or light may be used in drones and drone detection sensors); and a control system configured to: manage data from the plurality of hoops, and referee gameplay based on the data from the plurality of hoops (see paragraph [0042], showing determination of whether or not the drone has passed may be performed in such a way that a main controller receives signals detected by sensors and determines whether the drone has passed and corresponding image information may be then output to a display or the like. In addition, the gate where the sensor is disposed and the main controller that determines whether the drone has passed or not are separated from each other, thereby resolving a problem in which scoring is continued even when the drone collides with the gate in which a sensor and a scoreboard are embedded together).
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/ADETOKUNBO O TORIMIRO/Primary Examiner, Art Unit 3715