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 .
Status of Claims
In an amendment filed 6/24/2026 with and RCE, Applicant amended claim 1. This amendment is acknowledged. Claims 1-20 are pending and are currently being examined.
Specification
The disclosure is objected to because of the following informalities: in the second to last line of paragraph [0087] (in the application file dated 1/5/2021) or paragraph [0089] of the US Pub. No. 2021/0148686), “forth” should read “fourth”.
Appropriate correction is required.
Claim Objections
Claim 1 is objected to because of the following informalities: in line 13, it is unclear if “a second signal output” should instead read “a second output” to match the previous introduction of “a first output” in line 12. The limitation “a second signal output” may be intended to be claimed, however it is unclear if this would be the same thing as “second output” in line 11 or if these are two distinct and separate limitations. Further, it is unclear if “the first output distinct from the second output” is referencing the first and second output of line 11 or if it is referencing a first output and second signal output of lines 12-13, or if these are in fact intended to be all the same limitations, in which case “the” should be applied instead of “a”. Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-30 of U.S. Patent No. 10,914,561. Although the claims at issue are not identical, they are not patentably distinct from each other because the only difference is the data signals being transmitted at a first power level and second power level distinct from the first vs. transmitted at a first signal output/size and a second signal output/size distinct from the first signal value, one of which is at a maximum size of at least 5% of a maximum power of the digital amplifier, and the sensor detecting a “movement” vs. a “flight state” (which is a movement). It is assumed to be likely that the inventor is intending to define the output/value/size as a power level defined in terms of a percentage of the maximum power level of the amplifier as described in the specification ([0087] (in the application file, [0089] in the publication) discusses “For example, four data frames may be transmitted in succession by the elongated body (e.g. 20), each of the four data frames including a distinct signal code and transmitted at a distinct power level. A first data frame may, for example, be transmitted at a maximum power. A second data frame may, for example, be transmitted at 50 percent of the maximum power. A third data frame may, for example, be transmitted at 25 percent of the maximum power. A forth data frame may, for example, be transmitted at 5 percent of the maximum power”) which is more specific or a different/broader/narrower limitation than the patented claims, but is still within a level of ordinary skill to arrive at the claimed relative values as it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art (In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980)).
Claim 1 of the present application
An archery projectile locating facility comprising:
an elongated body;
the elongated body including a connection facility adapted to connect to the archery projectile;
the elongated body including a microcontroller;
the elongated body including a sensor facility in communication with the microcontroller and operable to detect movement;
the elongated body including a transmitter in communication with the microcontroller and having a
multiple power digital amplifier and operable to broadcast a plurality of data frames including
information generated by the sensor facility;
wherein the multiple power digital amplifier has a first and second output, and
wherein the transmitter is operable to transmit a plurality of data signals with the at least a first of the plurality of data signals at a first output and to transmit a second of the plurality of data signals at a second signal output, the first output distinct from the second output;
wherein one of the first output and the second output is at a maximum size of at least 5% of a maximum power of the digital amplifier.
Claim 1 of 10,914,561 (identical language in bold)
An archery projectile locating facility comprising:
an elongated body;
the elongated body including a connection facility adapted to connect to the archery projectile;
the elongated body including a microcontroller;
the elongated body including a sensor facility in communication with the microcontroller and operable to detect a flight state (vs “movement” of the presented application, a flight state is a change is velocity provided by movement of the arrow/body when in use/flight which is equivalent language);
the elongated body including a transmitter in communication with the microcontroller and having a multiple power digital amplifier and operable to broadcast a plurality of data signals after the flight state has been detected (same as a “movement”), the plurality of data signals (frames and signals are equivalents in the specification as a frame is a single data signal) including information generated by the sensor facility; and
wherein the transmitter is operable to transmit a first of the plurality of data signals at a first power level (equivalent language to “output”) and to transmit a second of the plurality of data signals at a second power level (equivalent language to “output”), the first power level distinct from the second power level.
Claim 2 of the present application
The locating facility according to claim 1, including a directional receiver adapted to receive the at least one data signal, such that the elongated body may be located by a user with the directional receiver.
Claim 2 of 10,914,561 (identical language in bold)
The locating facility according to claim 1, including a directional receiver adapted to receive the at least one data signal, such that the elongated body may be located by a user with the directional receiver.
Claim 3 of the present application
The locating facility according to claim 1, wherein the elongated body is removably received in a rear aperture of a hollow arrow shaft.
Claim 5 of 10,914,561 (identical language in bold)
The locating facility according to claim 1, wherein the elongated body is removably received in a rear aperture of a hollow arrow shaft.
Claim 4 of the present application
The locating facility according to claim 3, including a stop element connected to the elongated body and having a radial protrusion.
Claim 6 of 10,914,561 (identical language in bold)
The locating facility according to claim 5, including a stop element connected to the elongated body and having a radial protrusion.
Claim 5 of the present application
The locating facility according to claim 4, wherein the stop element includes a cylindrical body adapted to be staked to a rear end of a hollow arrow shaft, and defines a bore adapted to receive a portion of a nock removably connected to the hollow arrow shaft.
Claim 7 of 10,914,561 (identical language in bold)
The locating facility according to claim 6, wherein the stop element includes a cylindrical body adapted to be staked to a rear end of a hollow arrow shaft, and defines a bore adapted to receive a portion of a nock removably connected to the hollow arrow shaft.
Claim 6 of the present application
The locating facility according to claim 4, wherein the hollow arrow shaft has a shaft radius and the radial protrusion extends to a greater radius than the shaft radius, such that the radial protrusion is adapted to contact target animal tissue to prevent the elongated body from penetrating beyond a target animal even as the hollow arrow shaft may penetrate beyond.
Claim 8 of 10,914,561 (identical language in bold)
The locating facility according to claim 6, wherein the hollow arrow shaft has a shaft radius and the radial protrusion extends to a greater radius than the shaft radius, such that the radial protrusion is adapted to contact target animal tissue to prevent the elongated body from penetrating beyond a target animal even as the hollow arrow shaft may penetrate beyond.
Claim 7 of the present application
The locating facility according to claim 6, wherein the hollow arrow shaft has fletching, and the stop element has a plurality of radial protrusions adapted to substantially align with the fletching when staked to a rear end of the hollow arrow shaft.
Claim 9 of 10,914,561 (identical language in bold)
The locating facility according to claim 8, wherein the hollow arrow shaft has fletching, and the stop element has a plurality of radial protrusions adapted to substantially align with the fletching when staked to a rear end of the hollow arrow shaft.
Claim 8 of the present application
The locating facility according to claim 6, wherein the radial protrusion is a planar fin element having a plane parallel to an axis defined by the elongated body.
Claim 10 of 10,914,561 (identical language in bold)
The locating facility according to claim 8, wherein the radial protrusion is a planar fin element having a plane parallel to an axis defined by the elongated body.
Claim 9 of the present application
The locating facility according to claim 4, wherein the stop element is connected to the elongated body by a tether.
Claim 11 of 10,914,561 (identical language in bold)
The locating facility according to claim 6, wherein the stop element is connected to the elongated body by a tether.
Claim 10 of the present application
The locating facility according to claim 4, including a nock connected to the elongated body by a tether.
Claim 12 of 10,914,561 (identical language in bold)
The locating facility according to claim 6, including a nock connected to the elongated body by a tether.
Claim 11 of the present application
The locating facility according to claim 1, including an antenna in electrical communication with the transmitter.
Claim 18 of 10,914,561 (identical language in bold)
The locating facility according to claim 1, including an antenna in electrical communication with the transmitter.
Claim 12 of the present application
The locating facility according to claim 11, wherein the antenna is an elongated wire connected at one end to the elongated body.
Claim 19 of 10,914,561 (identical language in bold)
The locating facility according to claim 18, wherein the antenna is an elongated wire connected at one end to the elongated body.
Claim 13 of the present application
The locating facility according to claim 12, wherein the antenna has a free end free of the elongated body.
Claim 20 of 10,914,561 (identical language in bold)
The locating facility according to claim 19, wherein the antenna has a free end free of the elongated body.
Claim 14 of the present application
The locating facility according to claim 1, the sensor facility including a temperature sensor adapted to generate temperature information on the elongated body.
Claim 21 of 10,914,561 (identical language in bold)
The locating facility according to claim 1, the sensor facility including a temperature sensor adapted to generate temperature information on the elongated body.
Claim 15 of the present application
The locating facility according to claim 14, wherein the transmitter is adapted to transmit the temperature information as part of the at least one data signal.
Claim 22 of 10,914,561 (identical language in bold)
The locating facility according to claim 21, wherein the transmitter is adapted to transmit the temperature information as part of the at least one data signal.
Claim 16 of the present application
The locating facility according to claim 1, including an energy storage device in electrical communication with the microcontroller and the sensor facility, and wherein the sensor facility is operable to generate energy status information.
Claim 23 of 10,914,561 (identical language in bold)
The locating facility according to claim 1, including an energy storage device in electrical communication with the microcontroller and the sensor facility, and wherein the sensor facility is operable to generate energy status information.
Claim 17 of the present application
The locating facility according to claim 16, wherein the transmitter is adapted to transmit the energy status information as part of the at least one data signal.
Claim 24 of 10,914,561 (identical language in bold)
The locating facility according to claim 23, wherein the transmitter is adapted to transmit the energy status information as part of the at least one data signal.
Claim 18 of the present application
The locating facility according to claim 1, the sensor facility including an acceleration sensor adapted to generate movement information.
Claim 25 of 10,914,561 (identical language in bold)
The locating facility according to claim 1, the sensor facility including an acceleration sensor adapted to generate movement information.
Claim 19 of the present application
The locating facility according to claim 18, wherein the transmitter is adapted to transmit the movement information as part of the at least one data signal.
Claim 26 of 10,914,561 (identical language in bold)
The locating facility according to claim 25, wherein the transmitter is adapted to transmit the movement information as part of the at least one data signal.
Claim 20 of the present application
The locating facility according to claim 3, wherein the elongated body is slidably received in the hollow arrow shaft such that the elongated body is removable from the hollow arrow shaft with limited force.
Claim 17 of 10,914,561 (identical language in bold)
The locating facility according to claim 5, wherein the elongated body is slidably received in the hollow arrow shaft such that the elongated body is removable from the hollow arrow shaft with limited force.
Response to Arguments
Applicant's arguments filed 6/24/2026 have been fully considered but they are not fully persuasive.
There is no 112 rejection applied in the final rejection (or in this office action) and therefore this argument is moot. This rejection was withdrawn and the previous argument was agreed to be persuasive as discussed in the final rejection mailed 2/2/2026.
The deferral of the non-statutory double patenting fix (filing a terminal disclaimer) is acknowledged. The arguments that the non-statutory double patenting rejection should be withdrawn as the presented claim is broader than the patented claims is not found persuasive as the patent claims anticipate the presented claims or would be found obvious by one of ordinary skill in the art as explained above and therefore even if the claim language is slightly different in wording and broader, non-statutory double patenting is not overcome by this as the presented claims would be anticipated by or found obvious by the patented claims and therefore requires a terminal disclaimer.
The specification objection remains deferred and therefore is upheld. The applicant has acknowledged the issue but is deferring addressing it until the application is in condition for allowance. If it is preferred or if this issue isn’t addressed the examiner can fix this problem via examiner’s amendment when the claims are otherwise in condition for allowance.
The claims would now be in condition for allowance when a terminal disclaimer is filed and the objections are corrected. The examiner has provided a proposed amendment that would provide clear and concrete definition to the distinct signals. This amendment or a similarly defined amendment would appear to overcome the discussed issues. If the applicant would prefer to talk about this amendment or other similar amendments they are encouraged to call the examiner and have an interview.
Potentially Allowable Subject Matter
The following portion of claim 1 drafted by the examiner and considered to distinguish patentably over the art of record in this application, is presented to applicant for consideration:
The first and second signal “size”/”output” section of the claim could more clearly be presented as
“wherein the transmitter is operable to transmit a plurality of data signals, a first signal frame of the plurality of data signals transmitted at a first power level being a first percentage of a maximum power of the digital amplifier and a second signal frame of the plurality of data signals transmitted at a second power level being a second percentage of a maximum power of the digital amplifier, the first power level being distinct from the second power level, wherein one of the first signal frame and the second signal frame is transmitted at a power level of at least 5% of a maximum power of the digital amplifier.”
This more clearly defines that each signal frame or signal size is defined as a power level specifically being a percentage of the maximum power of the digital amplifier and not just potentially one of the signals or one of the signal characteristics/frames as presented. This requires that each signal has a power level being a distinct relative value of which the other signals may be easily and clearly compared to on the same playing field and removes any other potentially broad reading of what the size could potentially be. This would not necessarily overcome the obvious double patenting rejection, however filing a terminal disclaimer would overcome that rejection and place the claims in general condition for allowance.
Brief Discussion of Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See the references cited page for publications that are noted for containing similar subject matter as the applicant. For example, Donahoe (10,401,118, 8,221,273), Zusman (9,075,124) and Ledbetter (9,557,148) teach similar arrow tracking devices.
Conclusion
If the applicant or applicant’s representation has any questions or concerns regarding this office action or the application they are welcome to contact the examiner at the phone number listed below and schedule and interview to discuss the outstanding issues and possible amendments to expedite prosecution of this application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER R NICONOVICH whose telephone number is (571)270-7419. The examiner can normally be reached Mon - Fri 8-6 MST.
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, Nicholas Weiss can be reached at (571) 270-1775. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDER R NICONOVICH/Primary Examiner, Art Unit 3711
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