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 .
Claim Objections
Claims 1, 2, 5, & 7 are objected to because of the following informalities:
Claim 1, line 6, the comma after “and” should be removed at the end of the line - the comma splice should also be removed from independent claim 5;
In each of claims 2 & 5, the phrase “the stanchion, elbow and base” should be amended as such: -- the stanchion, the elbow and the base--; and
Claim 7, line 1, one iteration of “the” should be removed from “the the strike…”. 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 3 & 4 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.
For claim 3, the phrase “wherein the elbow comprises a vertical portion is and slidably coupled to the stanchion” specifically, “is and” is unclear. The phrase appears o be incomplete, and thus the meaning cannot be ascertained.
Claim 4 is rejected as being dependent from claim 3, rejected above.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-14 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being disclosed by Hart (US 5156402 A).
For claim 1, Hart discloses a baseball and softball swing training device for enabling one-armed batting practice (the device of Hart is capable of allowing the user to practice with only one arm), the device comprising:
a lower base assembly adapted be disposed upon a flat supporting surface (standing platform 11 + base frame members 12a and 12b);
a rigid stanchion (13) extending vertically upwardly from said base assembly (Fig. 1);
a rigid elbow (L-shaped cantilevered suspension bar 15 + beam 24 + drive arm carrier 33 + drive arm 40) coupled to said stanchion and comprising a horizontal portion extending away from said stanchion (as seen in Fig. 1 and in the same manner as the instant invention); and,
a user-grasped handle (swing implement 50 with handle 51) proximate the elbow horizontal portion that is manually grasped by a batter during a one-handed practice swing (a batter is capable of grasping the handle, as seen in Figs. 8a & 8b).
For claim 2, Hart discloses the swing training device as defined in claim 1 and Hart further discloses wherein the stanchion, elbow and base assembly surround and define a strike zone through which the bat travels during a practice swing (as seen in Fig. 8a: the stanchion forms the vertical boundary opposite the user, and the horizontal portion of the L-shaped bar and the standing platform delineate the upper and lower borders).
For claim 3, Hart discloses the swing training device as defined in claim 1 and Hart further discloses wherein the elbow comprises a vertical portion is
For claim 4, Hart discloses the swing training device as defined in claim 3 and Hart further discloses and wherein the elbow (carrier 33) horizontal portion slidably and telescopically receives an accessory mounting tube (drive arm 40) for securing the handle (the drive carrier 33 slidably accepts drive arm 40 which connects swing implement 50, making the entire horizontally-extending arm shorter or longer, discussed at least partially in Col. 5, lines 33-47, satisfying the claimed device).
For claim 5, Hart discloses a baseball and softball swing training device (device 10 of Hart) comprising:
a lower base assembly comprising a base plate (11) adapted be disposed upon a flat supporting surface (standing platform 11 + base frame members 12a and 12b sit on a flat surface);
a rigid stanchion (13) extending vertically upwardly from said base assembly (Fig. 1);
a rigid elbow (L-shaped cantilevered suspension bar 15 + beam 24 + drive arm carrier 33 + drive arm 40) having a vertical portion slidably coupled to said stanchion (adjustable via 14, Col. 5, lines 3-10) and an integral horizontal portion extending away from said stanchion (the horizontal portion of 15 + beam 24 + drive arm carrier 33 + drive arm 40, Fig. 1);
a mounting tube (40) secured to said elbow horizontal portion (slidably secured to 33, Col. 5, lines 33-47);
a handle assembly (swing implement 50 with handle 51) secured to the elbow horizontal portion, the handle assembly comprising a handle (51) that is adapted to be manually grasped by a batter during a one-handed practice swing (the handle 51 is shaped as a grip, and is capable of being held); and,
wherein the stanchion, elbow and base plate border and define a strike zone through which the bat travels during a practice swing (as seen in Fig. 8a: the stanchion forms the vertical boundary opposite the user, and the horizontal portion of the L-shaped bar and the standing platform delineate the upper and lower borders).
For claim 6, Hart discloses the swing training device as defined in claim 5 and Hart further discloses wherein the mounting tube (40) slidably and telescopically couples to said elbow for enabling adjustments (the drive carrier 33 slidably accepts drive arm 40 which connects swing implement 50, making the entire horizontally-extending arm shorter or longer, discussed at least partially in Col. 5, lines 33-47, satisfying the claimed device).
For claim 7, Hart discloses the swing training device as defined in claim 5 and Hart further discloses wherein, when the bat travels through the the strike zone, the pathway arc of the bat defines a generally circular, hypothetical plane having a longitudinal axis that forms an angle of approximately thirty degrees relative to the supporting surface (wherein, in use, the user may swing a bat at the claimed angle).
For claim 8, Hart discloses the swing training device as defined in claim 7 and Hart further discloses wherein the handle has a longitudinal axis and the handle is rotatable about its longitudinal axis (Col. 8, lines 11-36 discusses that some play is permitted, due to the mounting of the handle; additionally, the full swing is permitted, and would require at least some twisting motion along the long axis of the handle 51).
For claim 9, Hart discloses the swing training device as defined in claim 8 wherein the mounting tube (40) slidably and telescopically couples to said elbow for enabling adjustments (the drive carrier 33 slidably accepts drive arm 40 which connects swing implement 50, making the entire horizontally-extending arm shorter or longer, discussed at least partially in Col. 5, lines 33-47, satisfying the claimed device).
For claim 10, Hart discloses a baseball and softball swing training device (device 10 of Hart) comprising:
a rigid upright frame (10) adapted be disposed upon a supporting surface, the frame defining a strike zone into which balls to be hit travel (Fig. 8b), the frame comprising
a lower base plate (11), a vertically upright rigid stanchion (13), an elbow (15 + 24 + 33 + 40) slidably coupled to said stanchion (via 14, Col. 5, lines 3-10) and having an integral horizontal portion (Fig. 1), and a handle (50 + 51) that is adapted to be manually grasped by a batter during a one-handed practice swing (a batter is capable of grasping the handle, as seen in Figs. 8a & 8b).
For claim 11, Hart discloses the swing training device as defined in claim 10 and Hart further discloses wherein the elbow horizontal portion receives a mounting tube (40) that is slidably adjustable (the drive carrier 33 slidably accepts drive arm 40 which connects swing implement 50, discussed at least partially in Col. 5, lines 33-47).
For claim 12, Hart discloses the swing training device as defined in claim 11 and Hart further discloses wherein the handle is secured to the mounting tube (Fig. 1).
For claim 13, Hart discloses the swing training device as defined in claim 12 and Hart further discloses wherein the handle has a longitudinal axis and the handle is rotatable about its longitudinal axis (Col. 8, lines 11-36 discusses that some play is permitted, due to the mounting of the handle; additionally, the full swing is permitted, and would require at least some twisting motion along the long axis of the handle 51).
For claim 14, Hart discloses the swing training device as defined in claim 13 and Hart further discloses wherein, when a bat travels through the strike zone, the pathway arc of the bat defines a generally circular, hypothetical plane having a longitudinal axis that forms an angle of approximately thirty degrees relative to the supporting surface (wherein, in use, the user may swing a bat at the claimed angle).
Conclusion
The cited prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Special attention is drawn to the disclosures of US 1561960 A, US 6296582 B1, US 6579214 B2, & US 7150682 B2, and US 4229002 A, US 5288074 A, US 20030139232 A1, US 20070037663 A1, US 8147357 B1, US 8512171 B1, WO 2014181624 A1, US 9339709 B2 as disclosing an invention or aspects of the invention which are similar to those claimed and/or disclosed in the instant invention. The remaining references cited establish the state of the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Morgan T. Jordan whose telephone number is (571)272-8141. The examiner can normally be reached M-Th 8:30-5:30.
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/MORGAN T JORDAN/Primary Examiner, Art Unit 3643
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