Foul not in the act of shooting, offensive player is behind backboard at time of foul

This is an example of a defensive foul that IS NOT considered to be a foul occurring during the act of shooting by the offensive player. In order for a foul to be ruled to have occurred in the act of shooting, the offensive player must gather the ball and be in a continuous motion to shoot throughout his drive. On this play, the on-ball defender reaches in and makes illegal contact with the offensive player who has gathered the ball and appears to be in the act of shooting. however, since the offensive player was positioned underneath and behind the backboard of the time of the foul, he is not in a position to attempt a legal field goal attempt, and thus, this would not be ruled a foul in the act of shooting.