DETAILED ACTION
Summary
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This is a first Office Action on the merits.
Claims 21-40 are currently pending.
Claim Objections
Claim 40 is objected to because of the following informalities:
In claim 40, line 5, please amend “the user” to recite “a user”.
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.
(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.
Claim(s) 21-23, 25, 29-32, and 40 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by WALLANDER, US 2018/0264307.
Re claim 21:
WALLANDER teaches a sports swing memory development device (100) comprising:
A plurality of attachment components (102, 104, 106, 108, 110), wherein each of the plurality of attachment components is configured to circumferentially secure one of a plurality of regions of a user’s body [0020] [0021] [0023] [0041] [Figure 1];
A plurality of connection components (112, 114, 116, 118, 120, 122), wherein each of the plurality of connection components is positioned on one of the plurality of attachment components [0021] [0041] [Figure 1]; and
A plurality of extendable and retractable components (124, 136, 128, 130), wherein each of the plurality of extendable and retractable components is coupleable to one or more of the plurality of connection components (i.e., resistance bands and/or similar materials comprising elastic characteristics [0021] [0040] [0041] [Figure 1]).
Re claim 22:
WALLANDER discloses the sports swing muscle memory development device of claim 21, wherein each of the plurality of attachment components is configured to adjustably secure the respective region of a user’s body [0023] [Figure 1].
Re claim 23:
WALLANDER discloses the sports swing muscle memory development device of claim 21, wherein the plurality of extendable and retractable components includes at least one of a mechanically and electronically driven device (i.e., resistance bands are mechanical).
Re claim 25:
WALLANDER discloses the sports swing muscle memory development device of claim 21, wherein the plurality of extendable and retractable components provide at least one of a physical feedback and a visual feedback (i.e., physical [0016]).
Re claim 29:
WALLANDER teaches the sports swing muscle memory development device of claim 21, further comprising:
A first attachment component (102), wherein the first attachment component is configured to circumferentially secure a first region of the user’s body [0041] [Figure 1];
A second attachment component (104), wherein the second attachment component is configured to circumferentially secure a second region of the user’s body [0041] [Figure 1];
A third attachment component (106), wherein the third attachment component is configured to circumferentially secure a third region of the user’s body [0041] [Figure 1];
A fourth attachment component (108), wherein the fourth attachment component is configured to circumferentially secure a fourth region of the user’s body [0041] [Figure 1];
A fifth attachment component (110), wherein the fifth attachment component is configured to circumferentially secure a fifth region of the user’s body [0041] [Figure 1];
A first extendable and retractable component (124), wherein the first extendable and retractable component is coupleable between the first attachment component and the second attachment component [0041] [Figure 1];
a second extendable and retractable component (126), wherein the second extendable and retractable component is coupleable between the first attachment component and the third attachment component [0041] [Figure 1];
a third extendable and retractable component (128), wherein the third extendable and retractable component is coupleable between the first attachment component and the fourth attachment component [0041] [Figure 1]; and
a fourth extendable and retractable component (130), wherein the fourth extendable and retractable component is coupleable between the first attachment component and the fifth attachment component [0041] [Figure 1].
Re claim 30:
WALLANDER teaches the sports swing muscle memory development device of claim 29, wherein:
the first region of the user's body includes a trailing arm (134) [0021] [0023] [Figure 1];
the second region of the user's body includes a leading arm (132) [0021] [0023] [Figure 1];
the third region of the user's body includes a torso (136) [0021] [0023] [Figure 1];
the fourth region of the user's body includes a trailing leg (140) [0021] [0023] [Figure 1]; and
the fifth region of the user's body includes a leading leg, wherein leading and trailing identify a swing relationship (138) [0021] [0023] [Figure 1].
Re claim 31:
WALLANDER teaches the sports swing muscle memory development device of claim 30, wherein:
the first attachment component is configured to circumferentially secure to the trailing arm proximal to the elbow [Figure 1];
the second attachment component is configured to circumferentially secure to the leading arm proximal to the elbow [Figure 1];
the third attachment component is configured to circumferentially secure to the torso between the ribcage and the hips [Figure 1];
the fourth attachment component is configured to circumferentially secure to the trailing leg proximal to the knee [Figure 1]; and
the fifth attachment component is configured to circumferentially secure to the leading leg distal to the knee [Figure 1].
Re claim 32:
WALLANDER teaches the sports swing muscle memory development device of claim 21, wherein each of the extendable and retractable components is releasably coupled to the respective attachment component [0042].
Re claim 40:
WALLANDER teaches a sports swing muscle memory development device comprising:
A plurality of attachment components (102, 104, 106, 108, 110), wherein the plurality of attachment components include:
A first pair of upper attachment components configured to secure to arms of a user [0024] [0025] [Figure 1],
A second pair of lower attachment components configured to secure to legs of the user [0027] [0028] [Figure 1], and
Another attachment component configured to secure to a torso of the user [0026],
A plurality of connection components (112, 114, 116, 118, 120, 122), wherein each of the plurality of connection components is positioned on one of the plurality of attachment components [0021] [Figure 1]; and
A plurality of extendable and retractable components, wherein each of the plurality of extendable and retractable components is coupleable to one or more of the plurality of connection components (i.e., resistance bands and/or similar materials comprising elastic characteristics [0021] [0040] [0041] [Figure 1]).
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(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over WALLANDER, US 2018/0264307 in view of REYNOLDS, US 7,811,185.
Re claim 24:
WALLANDER teaches the sports swing muscle memory development device of claim 21, but does not explicitly teach the plurality of extendable and retractable components provide auditory feedback.
REYNOLDS a sports swing muscle memory development device comprising an extendable and retractable component connectable between a plurality of attachment components circumferentially securing one of a plurality of regions of a user’s body, wherein the extendable and retractable component comprises an indicator means that provides visual and auditory feedback (column 6, lines 1-27).
It would have been obvious to one of ordinary skill in the art before the effective filing date to further incorporate the teachings of REYNOLDS in the device of WALLANDER such that the plurality of extendable and retractable components provides auditory feedback for the purpose of providing users with additional cues to indicate the user has performed a proper swing (REYNOLDS – column 6, lines 26-27).
Claim(s) 26-28 and 33-39 and is/are rejected under 35 U.S.C. 103 as being unpatentable over WALLANDER, US 2018/0264307 in view of SMITH, US 2008/0026922.
Re claims 26-28:
WALLANDER teaches the sports swing muscle memory development device of claim 21, but does not teach the plurality of extendable and retractable components include a cord attached to a retraction device wherein the cord is moveable between a retracted position and an extended position, and the retraction device biases the cord from the extended position to the retracted position, wherein a biasing force of the retraction device is variable.
SMITH teaches sports swing development device comprising a plurality of attachment components, wherein each of the plurality of attachment components is configured to circumferentially secure one of a plurality of regions of a user’s body (i.e., elbow attachment devices 12 [Figures 1, 2, and 7]); a plurality of connection components, wherein each of the plurality of connection components is positioned on one of the plurality of attachment components (i.e., first connectors 24 [Figures 1-2]); and a plurality of extendable and retractable components (40), wherein each of the plurality of extendable and retractable components is coupleable to one or more of the plurality of connection components, wherein the plurality of extendable and retractable components include a cord (44) attached to a retraction device (42) wherein the cord is moveable between a retracted position and an extended position, and the retraction device biases the cord from the extended position to the retracted position, wherein a biasing force of the retraction device is variable (i.e., tension line assemblies 40 comprise lines 44 and reel springs 42 [0026] [0027] [Figures 1 and 5]. Adjustable force reel springs can be provided to permit a user to adjust the force of the reel springs [0027]. Each tension line assembly is coupleable to one or more of first connectors 24 via second connectors 46 [Figure 1]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to further incorporate the teachings of SMITH in the device of WALLANDER such that the plurality of extendable and retractable components include a cord attached to a retraction device variably biasing the cord from the extended portion to the retraction portion. Incorporating extendable/retractable cord and reel components would advantageously provide adjustable tension (SMITH [0027]). Further, since the cord is stored in the reel in the retracted position, utilizing the cord and reel would provide for a more neatly compact device.
Re claims 33-37:
WALLANDER teaches a sports swing memory development device (100) comprising:
A plurality of attachment components (102, 104, 106, 108, 110), wherein each of the plurality of attachment components is configured to circumferentially secure one of a plurality of regions of a user’s body [0020] [0021] [0023] [0041] [Figure 1];
A plurality of connection components (112, 114, 116, 118, 120, 122), wherein each of the plurality of connection components is positioned on one of the plurality of attachment components [0021] [0041] [Figure 1]; and
A plurality of extendable and retractable components (124, 136, 128, 130), wherein each of the plurality of extendable and retractable components is coupleable to one or more of the plurality of connection components [0021] [0041] [Figure 1], wherein the extendable and retractable components provide at least one of an auditory feedback, a physical feedback, and a visual feedback.
WALLANDER does not teach the plurality of extendable and retractable component include a cord attached to a retraction device, wherein the retraction device provides the at least one auditory feedback, physical feedback, and visual feedback when the cord is moved relative to the retraction device.
SMITH teaches sports swing development device comprising a plurality of attachment components, wherein each of the plurality of attachment components is configured to circumferentially secure one of a plurality of regions of a user’s body (i.e., elbow attachment devices 12 [Figures 1, 2, and 7]); a plurality of connection components, wherein each of the plurality of connection components is positioned on one of the plurality of attachment components (i.e., first connectors 24 [Figures 1-2]); and a plurality of extendable and retractable components (40), wherein each of the plurality of extendable and retractable components is coupleable to one or more of the plurality of connection components, wherein the plurality of extendable and retractable components include a cord (44) attached to a retraction device (42) wherein the cord is moveable between a retracted position and an extended position, and the retraction device biases the cord from the extended position to the retracted position, wherein a biasing force of the retraction device is variable (i.e., tension line assemblies 40 comprise lines 44 and reel springs 42 [0026] [0027] [Figures 1 and 5]. Adjustable force reel springs can be provided to permit a user to adjust the force of the reel springs to provide a desired resistance [0027]. Each tension line assembly is coupleable to one or more of first connectors 24 via second connectors 46 [Figure 1]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to further incorporate the teachings of SMITH in the device of WALLANDER such that the plurality of extendable and retractable components include a cord attached to a retraction device variably biasing the cord from the extended portion to the retraction portion. Incorporating extendable/retractable cord and reel components would advantageously provide adjustable tension (SMITH [0027]). Further, since the cord is stored in the reel in the retracted position, utilizing the cord and reel would provide for a more neatly compact device.
Re claim 38:
WALLANDER, in view of SMITH, teaches the sports swing muscle memory development device of claim 33, further comprising:
A first attachment component (102), wherein the first attachment component is configured to circumferentially secure to a trailing arm of the user’s body [0023] [0024] [Figure 1];
A second attachment component (104), wherein the second attachment component is configured to circumferentially secure to a leading arm of the user’s body [0023] [0025] [Figure 1];
A third attachment component (106), wherein the third attachment component is configured to circumferentially secure a torso of the user’s body [0023] [0026] [Figure 1];
A fourth attachment component (108), wherein the fourth attachment component is configured to circumferentially secure to a trailing leg of the user’s body [0023] [0027] [Figure 1];
A fifth attachment component (110), wherein the fifth attachment component is configured to circumferentially secure to a leading leg of the user’s body, wherein leading and trailing identify a swing relationship [0023] [0028] [Figure 1];
Re claim 39:
WALLANDER, in view of SMITH, teaches the sports swing muscle memory development device of claim 39, wherein each of the extendable and retractable components is releasably coupled to the respective attachment component [0042].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA A GUDORF whose telephone number is (571)270-7607. If the Examiner cannot be reached by telephone, she can be reached through the following e-mail address: laura.gudorf@uspto.gov. The examiner can normally be reached on M-F 6:00-4:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Pham, can be reached at telephone number (571)272-3689. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAURA A GUDORF/Primary Examiner, Art Unit 2876
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