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 .
Claims 1-20 have been examined.
Allowable Subject Matter
The following claims drafted by the examiner and considered to distinguish patentably over the art of record in this application, are presented to applicant for consideration:
1. A post adapter configured to connect a sport base to a ground anchor, the post adapter comprising:
a. a base plate
b. a first sleeve extending outwardly from the first base plate and configured to be contained within the base and engage a post extending from the base; and
c. a second sleeve extending outwardly from the second base plate and configured to engage the ground anchor, the second sleeve having a length greater than the first sleeve
wherein the first sleeve is disposed in a diagonally offset position on the base plate relative to the second sleeve on the base.
8. A sport base comprising:
a. a bottom surface including an alignment post extending outwardly from the bottom surface; and
b. a post adapter engaged with the post, the adapter comprising:
a base plate
a first sleeve extending outwardly from the first base plate and having a length which does not extend beyond the bottom surface, the first sleeve engaging the alignment post extending from the base; and
a second sleeve extending outwardly from the second base plate and having a length greater than the first sleeve such that it is configured to engage a ground anchor,
wherein the first sleeve is disposed in a diagonally offset position on the base plate relative to the second sleeve on the base.
18. A method for adapting the configuration of a sport base for engagement with a ground anchor, the method comprising the steps of:
a. providing a base comprising a bottom surface including an alignment post extending outwardly from the bottom surface;
b. providing an adapter comprising:
a base plate
a first sleeve extending outwardly from the first base plate and having a length which does not extend beyond the bottom surface; and
a second sleeve extending outwardly from the second base plate and having a length greater than the first sleeve,
wherein the first sleeve is disposed in a diagonally offset position on the base plate relative to the second sleeve on the base.
c. engaging the first sleeve with the alignment post; and
d. engaging the second sleeve with the ground anchor.
Drawings
The drawings were received on 4/17/2025. These drawings are not acceptable as they are not properly labeled as ‘REPLACEMENT SHEET’.
Claim Objections
Claims 19-20 are objected to because of the following informalities:
Claims 19 and 10 depend on Claim 16, but it appears that these claims should depend from independent claim 18.
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.
Claims 1-20 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.
It is unclear what the term ‘base’, as set forth in the preamble, is intended to set forth as this term has a plurality of different meanings. In view of the context of the specification, Examiner interprets this term to mean a sport base used for diamond sports such as baseball and/or softball. Clarification is required.
Further it is unclear how the adapter comprises a first and a second member each having a base plate and being engaged with one another. The drawings show a singular base plate having the first and second sleeves being arranged generally diagonal relative to one another. Accordingly it is unclear how the first and second members are offset relative to one another if they share the same base plate. For purposes of this Office action only, Examiner interprets the term ‘offset’ to be “placed away from a center line; off-center”.
Regarding claim 3, there is not antecedent basis for “the post” in the claims Positive inclusion of this structure, as instantly claimed, begs the question as to whether or not Applicant is claiming the subcombination of just the adapter or the combination of the adapter and post.
Regarding claim 18, it is unclear as to how the second sleeve can be both engaged with the alignment post and the ground anchor.
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 and 4-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Orsatti (US Patent 4,881,735).
1. Orsatti discloses a post adapter for a base, the post adapter comprising:
a. a first member including a first base plate (80) and a first sleeve (88) extending outwardly from the first base plate; and
b. a second member engaged with the first member (via bars 90/92), the second member including a second base plate (78) and a second sleeve (86) extending outwardly from the second base plate,
wherein the first member is disposed in an offset position relative to the second member (See Examiner's Figure).
Examiner’s Figure (From Fig 5)
[AltContent: textbox (Offset of the first member from the second member)]
[AltContent: arrow][AltContent: connector]
[AltContent: textbox (Center Line of Second member)]
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4. Orsatti discloses the post adapter of claim 1, wherein the first base plate is secured to the second base plate in an offset position relative to the second member (See Examiner's Figure).
5. Orsatti discloses the post adapter of the 4, wherein the first base plate is fixed to the second base plate (via bars 90/92).
6. Orsatti discloses the post adapter of claim 4, wherein the first base plate is integrally formed with the second base plate (via bars 90/92). Examiner notes that the term "integral" does not require a unitary one-piece structure. In re Kohno, 391 F.2d 959, 157 USPQ 275 (CCPA 1968); In re Larson, 340 F.2d 965, 144 USPQ 347 (CCPA 1965) and also, it has been held that the term “integral” is sufficiently broad to embrace constructions united by such means as fastening and welding. In re Hotte, 177 USPQ 326, 328 (CCPA 1973).
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.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Orsatti.
7. Orsatti discloses the post adapter significantly as claimed, including that the bars (90/92) are made of metal, but do not disclose wherein the first base plate and the second base plate are formed from a plastic or metal. Examiner also reminds applicant that the selection of a known material based upon its suitability for the intended use is a design consideration within the skill of the art. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). Accordingly, It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the base plates to be made of metal because if its dual properties of strength and light weight, as this is merely a design consideration to one of ordinary skill producing expected and predictable results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Penning, Chen, Ellis Marbet, and Morita each disclose similar adapter assemblies for mounting a base to a ground anchor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA T KENNEDY whose telephone number is (571)272-8297. The examiner can normally be reached M-F 7a-4:30p MST.
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.
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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/JOSHUA T KENNEDY/Primary Examiner, Art Unit 3784 7/17/2026
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