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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “first sleeve,” “second sleeve,” “third sleeve,” “first connector,” and “second connector,” of claims 1 and 8, and the elastic cords at the bottom of the panel of claim 5 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. The specification simply states “sleeves” which are described in paragraph 0042 as items 34, 36, 38, 37, and 39. However there is no recitation of which sleeve is “first,” “second” and “third,” making it unclear what these claim elements are in the drawings. Further, there do not appear to be any descriptions or part numbers for the “connectors.” Additionally, elastic cords extending from the bottom edge of the panel to the frame are not found in the drawings. Each claim term should match with a part number in the specification, which also matches a part number found in the drawings. Appropriate correction is required.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1 and 8 are objected to because of the following informalities: Line 13 of both of these claims recites “the second sleeve a first end.” Presumably this was intended to recite “the second sleeve having a first end.” 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 1-10 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 1 and 8 lines 15 and 16 recites the limitations "the first end" and “the second end.” There is insufficient antecedent basis for these limitations in the claim. The previous paragraph recites a first sleeve having “opposite ends,” and recites a second sleeve and a third sleeve having “first” and “second” ends. However, no first and second ends were claimed with respect to the first sleeve, creating an antecedent basis issue. Appropriate correction is required.
Claims 3, 4, and 5 recite the elements of a border, item 40, and elastic cords, items 42-48, which appear to only be found in the embodiment of fig. 4, which also has a continuous and connected outer sleeve. However, claim 1 previously recited sleeves that are spaced apart from each other (lines 15-18), which appears to be claiming a different embodiment (fig. 2?). Therefore, these claim recitations are in conflict as there is no embodiment shown that has spaced apart sleeves as well as a border and cords. Claim 8 has the same conflict within it. The mixing of elements from different embodiments that appear they would be in conflict with each other make the claims confusing and indefinite. Appropriate correction / clarification is required.
Claim 6 and claim 8 recite “a first legs,” and “a second legs.” It is unclear what is attempting to be claimed here. It is unclear if this was intended to recite “a first leg,” and “a second leg” or “first legs,” and “second legs.” Appropriate correction is required.
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.
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Dovrat et al. (US Patent No. 7,429,223 B2) in view of Rushing et al. (US Patent No. 4,842,284).
In Reference to Claim 1, 2, 6, and 7
Dovrat teaches (Claim 1) A game net for playing a game involving players hitting an object back-and-forth between them, the game net comprising: a panel of netting (items 70 / 72, fig’s 2 and 2A); the panel of netting having opposite first and second side edges, a top edge, and a bottom edge (top, bottom, and side edges of netting, fig. 2A), the first and second side edges, the top edge, and the bottom edge defining an outer net periphery (outer edges of items 70/72); the panel of netting having an opening formed completely therethrough to allow an object to pass through the opening when hit by one or more players located on opposite sides of the netting (fig. 2A, central opening), the opening having an opening periphery and the netting surrounding the opening periphery (fig. 2A, nets surround opening); the panel of netting further having a first [connection] extending along the top edge of the panel of netting, the first [connection] having opposite ends (column 6 lines 29-41, fig’s 2 and 2A, top edge connection between net and pole), a second [connection] extending along the first side edge, the second [connection] a first end and a second end, and a third [connection] extending along the second side edge, the third [connection] having a first and second end (column 6 lines 29-41, fig’s 2 and 2A, side connections between net and poles); []; a frame configured to hold the panel of netting above a ground surface with the netting extending vertically (item 10, fig. 2); the frame having a top frame member (item 14a, fig. 2), and first and second vertical frame members (items 12a and 12b, fig. 2), the top frame member [attaching to] the first [connection] (fig’s 2 and 2A, column 6 lines 29-41, top net connection), the first vertical frame member [attaching to] the second [connection], and the second vertical frame member [attaching to] the third [connection] (fig’s 2 and 2A, column 6 lines 29-41, side net connections); a first connector coupling a first end of the top frame member to a first end of the first vertical frame member, the first connector being disposed in [a] first corner space; and a second connector coupling a second end of the top frame member to a first end of the second vertical frame member, the second connector being disposed in [a] second corner space (fig. 2, items 60, at corners formed by items 14a and 12a / b; column 5 line 66 – column 6 line 10);
(Claim 2) wherein the opening is rectangular shaped (fig. 2A);
(Claim 6) wherein the frame further has a first legs connected to the first vertical frame member at a second end thereof, and a second legs connected to the second vertical frame member at a second end thereof, wherein the first and second legs are configured to support the frame on the ground surface (bottoms of items 12, alternately items 16a and 16b, fig. 2);
(Claim 7) The game net of claim 1, wherein the frame further has a cross-frame member that is connected at opposite ends to the first and second vertical frame members and extends therebetween (item 14b, fig. 2).
The embodiment of Dovrat used in the rejection above fails to teach the sleeved connections, and the spaces claimed of claim 1.
Alternate embodiments of Dovrat teach (claim 1) frame members extending through sleeves (fig. 2B, column 6 lines 55-59).
Rushing teaches (Claim 1) [a] first end of [a] first sleeve and [a] first end of [a] second sleeve being spaced from one another creating a first corner space (lacing 30 of item 17 at left end, and lacing 30 of item 19 at top end, corner space at 21, fig. 1), and [a] second end of [a] first sleeve and [a] first end of [a] third sleeve being spaced from one another creating a second corner space (lacing 30 of item 17 at right end, and lacing 30 of item 15 at top end, corner space at 23; also note that regardless of whether “lacing” in Rushing can be considered “sleeves,” sleeves connections are already taught in alternate embodiment of Dovrat above).
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 game net setup of Dovrat with the sleeved connections as taught by alternate embodiments of Dovrat for the purpose of using a known and reliable means of connecting the net components to the frame as taught by Dovrat (column 6 lines 59-63), making the device more reliable, and more attractive to the users.
Further, the examiner notes that it has been held that the selection of a known item based on its suitability for its intended use is an obvious matter of engineering design choice. See Ryco, Inc. v. Ag-Bag Corp., 857 F.2d 1418, 8 USPQ2d 1323 (Fed. Cir. 1988). Since Dovrat specifically teaches that a range of suitable connection means between the net and the frame could be used (column 6 lines 29-41 and 55-63), specifically, by rigid extensions, connections within the frame, various fastening means, hooks, straps, sleeves etc., simply claiming one of these known and suitable connection means is an obvious matter of selecting a known item based on its suitability for its intended use, and is not a patentable distinction. Further, since all of these connection means are disclosed to be suitable for the purpose of connecting the net to the frame, choosing one or another of these means would simply be substituting one known element for another, to yield predictable results, and is not a patentable advance.
It would have further been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have provided the net and frame construction of Dovrat with the feature of spaces between connections / sleeves at the corners as taught by the net and frame construction of Rushing for the purpose of allowing better access to the corners of the device at connection points of the device so that a user may more easily assemble and disassemble the construction as taught by Rushing (column 2 lines 43-45 and column 2 line 62 – column 3 line 15), making the device easier to store and transport, easier to use, and more attractive to the users.
In Reference to Claim 3
The modified device of Dovrat teaches all of claim 1 as discussed above.
The primary embodiment of Dovrat fails to teach the features of claim 3.
However, an alternate embodiment of Dovrat teach (Claim 3) a border attached to [a] netting and extending around [an] opening periphery, the border providing support to the netting around the opening (column 7 lines 16-21, reinforcing inner rim).
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 net assembly of Dovrat with the feature of a border as taught by the alternate net assembly of Dovrat for the purpose of reinforcing the rims of the net for maintaining a flat and stretched condition of the net as taught by Dovrat (column 7 lines 16-21), making the device more reliable, and more attractive to the users.
In Reference to Claim 4
The modified device of Dovrat teaches all of claims 1 and 3 as discussed above.
The primary embodiment of Dovrat fails to teach the features of claim 4.
However, an alternate embodiment of Dovrat teaches (Claim 4) one or more elastic cords (items 94, fi. 2B, column 7 lines 11-12) [];
[] wherein each [reinforcing segment] is attached at one end to the border and at an opposite end at a location that is outwardly spaced from the border along the panel of netting (items 83, fig. 2B).
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 net assembly of Dovrat with the features of elastic cords and locating the cords between a border and a location spaced from the border as taught by the alternate net assembly of Dovrat for the purpose of both reinforcing the net, and, maintaining the net in a flat and stretched condition as taught by Dovrat (column 7 lines 4-21), making the device more reliable, easier to use, and more attractive to the users.
It would have further been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have located the elastic cords in the areas where the reinforcing segments are located simply as a matter of engineering design choice, since, it has been held that rearrangement of parts is an obvious matter of design choice where the operation of the device is not modified. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). Since Dovrat teaches the features of both corner segments for reinforcing and stretching the net at the border, and elastic members for providing tension on the net, simply locating these elements at a slightly different position that accomplishes the same result is an obvious matter of engineering design choice, and is not a patentable advance.
In Reference to Claim 5
The modified device of Dovrat teaches all of claim 1 as discussed above.
The primary embodiment of Dovrat fails to teach the feature of claim 5.
However, an alternate embodiment of Dovrat teaches (Claim 5) further comprising: a first elastic cord connected at one end to [a] panel along [a] bottom edge and connected at an opposite end to [a] frame at a location below the bottom edge (left item 94, connected to panel and to item 92B below panel, fig. 2B; column 7 lines 4-11), and a second elastic cord connected at one end to the panel along the bottom edge and at a spaced distance from the first elastic cord and connected at an opposite end to the frame at a location below the bottom edge (right item 94, connected to panel and to item 92A, fig. 2B).
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 net assembly of Dovrat with the features of elastic cords at the bottom of the net connected to the frame as taught by the alternate net assembly of Dovrat for the purpose of both reinforcing the net, and, maintaining the net in a flat and stretched condition as taught by Dovrat (column 7 lines 4-21), making the device more reliable, easier to use, and more attractive to the users.
In Reference to Claims 8-10
Dovrat teaches (Claim 8) A game net for playing a game involving players hitting an object back-and-forth between them, the game net comprising: a panel of netting (items 70 / 72, fig’s 2 and 2A); the panel of netting having opposite first and second side edges, a top edge, and a bottom edge, the first and second side edges (top, bottom, and side edges of netting, fig. 2A), the top edge, and the bottom edge defining an outer net periphery (top and bottom edges of items 70/72); the panel of netting having an opening formed completely therethrough to allow an object to pass through the opening when hit by one or more players located on opposite sides of the netting (fig. 2A, central opening), the opening having an opening periphery and the netting surrounding the opening periphery (fig. 2A, central opening); the panel of netting further having a first [connection] extending along the top edge of the panel of netting, the first [connection] having opposite ends (column 6 lines 29-41, fig’s 2 and 2A, top edge connection between net and pole, opposite ends thereof), a second [connection] extending along the first side edge, the second [connection] a first end and a second end, and a third [connection] extending along the second side edge, the third [connection] having a first and second end (column 6 lines 29-41, fig’s 2 and 2A, side connections between net and poles); []; a frame configured to hold the panel of netting above a ground surface with the netting extending vertically (item 10, fig. 2); the frame having a top frame member (item 14a, fig. 2), and first and second vertical frame members (items 12a and 12b, fig. 2), the top frame member [attaching to] the first [connection] (fig’s 2 and 2A, column 6 lines 29-41, top net connection), the first vertical frame member [attaching to] the second [connection], and the second vertical frame member [attaching to] the third [connection] (fig’s 2 and 2A, column 6 lines 29-41, side net connections); a first connector coupling a first end of the top frame member to a first end of the first vertical frame member, the first connector being disposed in [a] first corner space; a second connector coupling a second end of the top frame member to a first end of the second vertical frame member, the second connector being disposed in [a] second comer space (fig. 2, items 60, at corners formed by items 14a and 12a / b; column 5 line 66 – column 6 line 10); []; the frame further having a first legs connected to the first vertical frame member at a second end thereof, and a second legs connected to the second vertical frame member at a second end thereof, wherein the first and second legs are configured to support the frame on the ground surface (bottoms of items 12, alternately items 16a and 16b, fig. 2); [];
(Claim 9) wherein the opening is rectangular shaped (fig. 2A);
(Claim 10) wherein the frame further has a cross-frame member that is connected at opposite ends to the first and second vertical frame members and extends therebetween (item 14b, fig. 2).
The primary embodiment of Dovrat used in the rejection above fails to teach the features of a frame extending though a sleeve, spaces at the corners, a net border, and elastic cords of claim 8.
Alternate embodiments of Dovrat teach (claim 8) frame members extending through sleeves (fig. 2B, column 6 lines 55-59);
(Claim 8) a border attached to [a] netting and extending around [an] opening periphery, the border providing support to the netting around the opening (column 7 lines 16-21, reinforcing inner rim);
(Claim 8) a first elastic cord connected at one end to [a] panel along [a] bottom edge and connected at an opposite end to [a] frame at a location below the bottom edge (left item 94, connected to panel and to item 92B below panel, fig. 2B; column 7 lines 4-11), and a second elastic cord connected at one end to the panel along the bottom edge and at a spaced distance from the first elastic cord and connected at an opposite end to the frame at a location below the bottom edge (right item 94, connected to panel and to item 92A, fig. 2B).
Rushing teaches (Claim 8) [a] first end of [a] first sleeve and [a] first end of [a] second sleeve being spaced from one another creating a first corner space (lacing 30 of item 17 at left end, and lacing 30 of item 19 at top end, corner space at 21, fig. 1), and [a] second end of [a] first sleeve and [a] first end of [a] third sleeve being spaced from one another creating a second corner space (lacing 30 of item 17 at right end, and lacing 30 of item 15 at top end, corner space at 23; also note that regardless of whether “lacing” in Rushing can be considered “sleeves,” sleeves connections are already taught in alternate embodiment of Dovrat above).
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 game net setup of Dovrat with the sleeved connections as taught by alternate embodiments of Dovrat for the purpose of using a known and reliable means of connecting the net components to the frame as taught by Dovrat (column 6 lines 59-63), making the device more reliable, and more attractive to the users.
Further, the examiner notes that it has been held that the selection of a known item based on its suitability for its intended use is an obvious matter of engineering design choice. See Ryco, Inc. v. Ag-Bag Corp., 857 F.2d 1418, 8 USPQ2d 1323 (Fed. Cir. 1988). Since Dovrat specifically teaches that a range of suitable connection means between the net and the frame could be used (column 6 lines 29-41 and 55-63), specifically, by rigid extensions, connections within the frame, various fastening means, hooks, straps, sleeves etc., simply claiming one of these known and suitable connection means is an obvious matter of selecting a known item based on its suitability for its intended use, and is not a patentable distinction. Further, since all of these connection means are disclosed to be suitable for the purpose of connecting the net to the frame, choosing one or another of these means would simply be substituting one known element for another, to yield predictable results, and is not a patentable advance.
It would have further been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have provided the net assembly of Dovrat with the feature of a border as taught by the alternate net assembly of Dovrat for the purpose of reinforcing the rims of the net for maintaining a flat and stretched condition of the net as taught by Dovrat (column 7 lines 16-21), making the device more reliable, and more attractive to the users.
Additionally, 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 net assembly of Dovrat with the features of elastic cords at the bottom of the net connected to the frame as taught by the alternate net assembly of Dovrat for the purpose of both reinforcing the net, and, maintaining the net in a flat and stretched condition as taught by Dovrat (column 7 lines 4-21), making the device more reliable, easier to use, and more attractive to the users.
Finally, it would have further been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have provided the net and frame construction of Dovrat with the feature of spaces between connections / sleeves at the corners as taught by the net and frame construction of Rushing for the purpose of allowing better access to the corners of the device at connection points of the device so that a user may more easily assemble and disassemble the construction as taught by Rushing (column 2 lines 43-45 and column 2 line 62 – column 3 line 15), making the device easier to store and transport, easier to use, and more attractive to the users.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH B BALDORI whose telephone number is (571)270-7424. The examiner can normally be reached Monday - Friday 9am to 5pm EST.
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/JOSEPH B BALDORI/ Primary Examiner, Art Unit 3711