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 .
Claim Objections
Claims 1, 2, 3, 9, 10, 11, 13, and 15 objected to because of the following informalities:
Claim 1 line 3 recites “unitprovided.”
Claim 2 lines 1 and 3 recite “whereinthe” and “onelight-emitting.”
Claim 3 lines 9 and 11 recite “displaysa” and “boardand.”
Claim 9 lines 3 and 4 recite “unitdisposed,” “board,based,” and “onsignalsfrom.”
Claim 10 line 7 recites “secondlight” and “variation;and.”
Claim 11 lines 2 and 3 recite “synchronouslycontrol,” “achange,” and “alight.”
Claim 15 line 1 recite “whereina.”
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 2-14 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.
Claims 2 and 3 both recite “wherein the sandbag throwing device includes two throwing boards” which lacks proper antecedent basis. It is presumed that applicant is intending to claim a system with two boards, and not two more boards in addition to the throwing board claimed in claim 1. Since claim 1 already recited a throwing board, these recitations in claims 2 and 3 are confusing and lack proper antecedent basis. Presumably “a second throwing board” or “an additional throwing board” was intended to be claimed. 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.
Claims 1-3, 5-9, 13, and 15-16 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Margareten (US PGPub. No. 2026/0108796 A1).
In Reference to Claims 1-3, 5-9, 13, and 15-16
Margareten teaches (Claim 1) A sandbag throwing device, comprising: a throwing board (item 110, fig’s 1 and 2) provided with a throwing hole (item 188, fig’s 1 and 2), a counter (item 196, fig’s 7 and 8; also items 208, 215, 217, 224A, 224B, 226A, and 226B), a display screen (item 192, fig. 1) and a light-emitting unit provided on the throwing board (item 238, fig’s 7 and 8); wherein the display screen is electrically connected to the counter and displays a score calculated by the counter (paragraphs 0045-0047 and 0057); and the light-emitting unit indicates a position of the throwing hole (paragraph 0052);
(Claim 2) wherein the sandbag throwing device includes two throwing boards (paragraph 0061), each of which is respectively provided with one counter (item 196, fig’s 7 and 8; also items 208, 215, 217, 224A, 224B, 226A, and 226B), one display screen (item 192, fig. 1) and one light-emitting unit (item 238, fig’s 7 and 8); each display screen is provided with a first display area and a second display area (paragraph 0029, lines 3-6), wherein the first display area is electrically connected to one counter to display a score calculated by the counter, and the second display area is electrically connected to the other counter to display a score calculated by the other counter (paragraphs 0029 and 0061);
(Claim 3) wherein the sandbag throwing device includes two throwing boards (paragraph 0061), each of which is respectively provided with one counter (item 196, fig’s 7 and 8; also items 208, 215, 217, 224A, 224B, 226A, and 226B), one display screen (item 192, fig. 1) and one light-emitting unit (item 238, fig’s 7 and 8); each display screen is provided with a first display area and a second display area (paragraph 0029, lines 3-6), wherein the first display area is electrically connected to the counter disposed on the same throwing board, to display a score calculated by the counter; the first display area of each display screen is provided with a first synchronization module, and the second display area is provided with a second synchronization module; the second display area of each throwing board displays a score of the first display area of the other throwing board, via wireless communication between the second synchronization module of the each throwing board and the first synchronization module of the other throwing board (paragraphs 0029 and 0061, items 258, 252, 262, boards are synchronized with wireless paring and transceiver and display scores from both boards for both teams);
(Claim 5) wherein the counter is a key-operated mechanical counter (paragraph 0082, mechanical buttons 224 and 226 for manual scoring).
(Claim 6) wherein the counter is a sensor counter (item 196, fig’s 7 and 8; also items 208, 215, and 217, paragraph 0041);
(Claim 7) wherein the sensor counter is an infrared sensor counter, a laser sensor counter, a photoelectric sensor counter, or an ultrasonic sensor counter (at least item 196, IR sensor; paragraph 0030);
(Claim 8) wherein each light-emitting unit includes one light ring (item 238, paragraph 0052) and at least two light strips (items 212, fig’s 1 and 2 and paragraphs 0032 and 0034), the light ring is arranged around the throwing hole (item 238, paragraph 0052); the at least two light strips are embedded in a surface of the throwing board (paragraphs 0035 and 0036), and an arrow shape pointing to the throwing hole is formed between the at least two light strips (fig’s 1 and 2, note “arrow shape” is broad, the shape of the lights angle towards the hole);
(Claim 9) wherein each throwing board is further provided with a lighting controller (paragraph 0055, item 252), the lighting controller configured to control a change in light color and/or a light flicker variation of the light-emitting unit disposed on the same throwing board, based on signals from the counter and the second synchronization module both disposed on the same throwing board (paragraph 0057, paragraph 0063);
(Claim 13) further comprising a lighting controller (item 252), wherein the lighting controller is configured to respectively control a change in light color and/or a light flicker variation of the light-emitting unit disposed on the two throwing boards, based on signals from the counter disposed on the two throwing boards (paragraph 0057, paragraph 0063);
(Claim 15) wherein a support portion is provided below the throwing board, and rotation of the support portion causes the throwing board to be in an inclined state or to return to a horizontal state (item 164, fig’s 4-6);
(Claim 16) wherein the support portion includes two legs, the legs are rotatably connected to the throwing board, and a rotation range of the legs is greater than 90° (left and right leg portions of item 164, fig’s 4-6, fig. 4 shows greater than 90°).
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Margareten.
In Reference to Claim 4
Margareten teaches all of claims 1 and 3 as discussed above.
Margareten further teaches (Claim 4) wherein the first synchronization module on each throwing board and the second synchronization module on the other throwing board are configured to communicate with each other via wireless communication (paragraph 0061).
Margareten fails to teach the specific types of wireless communication listed.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have used any known type of wireless communication simply as a matter of engineering design choice, since, it has been held that selection of a known element based on its suitability for its intended use is an obvious matter of engineering design choice. See Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960) Ryco, Inc. v. Ag-Bag Corp., 857 F.2d 1418, 8 USPQ2d 1323 (Fed. Cir. 1988). Since Margareten teaches wireless communication, simply claiming one of a variety of more specific known types of wireless communication is an obvious matter of design choice, and is not a patentable advance.
In Reference to Claims 10-12 and 14
Margareten teaches all of claims 1-3 and 9 as discussed above.
Margareten further teaches a lighting controller (item 252), which sends signals to the lights based on signals from the counters (paragraphs 0018, 0057, and 0063), of both boards (paragraph 0061), for the purpose of indicating turn, in response to a winner, in response to a score, in response to beanbag passing through the hole, including lighting up in different colors and different patterns depending on the trigger condition.
Margareten does not specifically teach the light up conditions of claims 10-12 and 14.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have provided the additional variety of light patterns simply as a matter of design choice, since, it has been held that "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). And that matters of ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art. See In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947). Since all the physical elements of a lighting controller that sends signals to lights are taught in Margareten, and, since the functions of producing different colored and patterned light responses based on indication of turn, in response to a winner, in response to a score, etc. are also taught in Margareten, merely claiming a different or more specific lighting pattern in response to the game condition stimuli is an obvious matter of engineering design choice, and is not a patentable advance. Simply providing different or additional light patterns for various game conditions is an obvious matter of providing any variety of desired aesthetics to the system based on any of a variety of different game conditions, and is not a patentable advance.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additionally cited references disclose inventions similar to applicant’s claimed invention.
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/JOSEPH B BALDORI/Primary Examiner, Art Unit 3711
