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 .
Election/Restrictions
Applicant’s election without traverse of Group 1, claims 1-13 in the reply filed on 9/16/2026 is acknowledged.
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
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 1-10 and 13 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. The cue stick, user, and stable non-playing surface are not part of the invention and should not be claimed as such. Claim 1, lines 5, the cue stick should be a cue stick. Claim 1, line 6, the user should be a user. Claim 3, no antecedent basis for the inner surfaces. Claim 4, the cue stick should be a cue stick. Claim 6, the angle of the cue stick should be an angle of a cue stick. Claim 8, the cue stick should be a cue stick. Claim 10, the non-stable non-playing surface should be a non-stable non-playing surface. Claim 13, the cue stick should be a cue stick.
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.
Claim(s) 1, 3, 4, 6, and 8-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eager (9,539,492). Claim 1, Eager discloses a training device for cue sports comprising a base (18) configured to be secured to a stable non- playing surface (fig 1); a stabilizing structure extending from the base and forming an opening adapted to receive a cue stick (entire structure extending from base); wherein the stabilizing structure comprises two opposing arms (34) shaped to guide a cue stick along a straight stroke path, and wherein the base and stabilizing structure are arranged to constrain lateral movement of the cue stick during stroking action without manual handling by a user is satisfied. Acue stick is capable of being positioned within 34 without moving. Claim 3, the stabilizing structure comprises a stabilizing frame and two removable support pads (36) attached to the inner surfaces of the opposing arms. Claim 4, the support pads include low-friction material on an inner surface to reduce resistance against a cue stick during use (col. 4, lines 46-48). Claim 6, the stabilizing structure is pivotally connected to the base to allow adjustment of the angle of the cue stick relative to the base (col. 6, lines 14-20). Claim 8, the device is capable of being dimensioned to be mounted such that it supports a cue stick near its rear end, away from the tip. Claim 9, the stabilizing structure is capable of being detachable from the base and comprises components that can be disassembled for transport (fig. 7). Claim 10, the stable non-playing surface is not part of the invention and does not further limit the claim.
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eager (9,539,492) in view of Spencer et al. (2009/0294387). Eager does not disclose suction cups. Spencer teaches a suction cup connection [0024]. One of ordinary skill in the art would have modified the type of connection as an obvious design choice.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eager (9,539,492). Eager discloses the base 18 as a solid foot at the bottom for table support instead of multiple feet. One of ordinary skill in the art would make use of a one-piece construction instead of a multi-piece structure as a matter of obvious engineering choice and for easier transport (see In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965) MPEP 2144.04 V, B).
Claim(s) 11 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Josenhans (4,053,153). Claim 11, Josenhans discloses a cue sports training device comprising a base (2) configured to be secured to a stable non-playing surface; a stabilizing structure (3-6) formed of a flexible frame (3) and support pads (4); wherein the support pads comprise low-friction inner surfaces, and wherein the components are fabricated from plastic or polymer materials suitable for 3D printing (col. 2, lines 42-55 composite material and flexible). Josenhans discloses the device as unitary instead of separable. One of ordinary skill in the art would make use of a one-piece construction instead of a multi-piece structure as a matter of obvious engineering choice and for easier transport (see In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965) MPEP 2144.04 V, B). Claim 13, the cue stick is guided through a V-shaped opening formed by the support pads to facilitate accurate placement (fig 1). One of ordinary skill in the art would make use of a one-piece construction instead of a multi-piece structure as a matter of obvious engineering choice and for easier transport (see In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965) MPEP 2144.04 V, B).
Allowable Subject Matter
Claims 5 and 12 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAEANN GORDEN whose telephone number is (571)272-4409. The examiner can normally be reached Monday-Friday 8am-5pm.
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, Eugene Kim can be reached at 571-272-4463. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RAEANN GORDEN/Primary Examiner, Art Unit 3711
September 29, 2026
