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 2/18/2025 with an RCE, Applicant amended claims 48, 53, added new claims 55-57, and cancelled claims 1-25, 32, 35. This amendment is acknowledged. Claims and 26-31, 33-34, and 36-57, are pending and are currently being examined.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 26-31, 33-34, 36-47, 54, and 57 are rejected under 35 U.S.C. 103 as being unpatentable over Razee US Pat. No. 2,430,077 in view of Betts US Pat. No. 2,193,266.
In Reference to Claim 26
Razee teaches:
A handheld clay thrower assembly for throwing a clay target, the clay target having an upper face, a bottom face, and a sidewall therebetween (trap target T having upper, lower, and side surfaces configured to be launched by a hand controllable thrower (user holds and controls the thrower via handle 27), Fig. 1-6), the handheld clay thrower assembly comprising:
a frame (11); and
a thrower supported by the frame and moveable relative to the frame (movable target thrower mounted on the frame 11), the thrower comprising a throwing arm (110/170) and a clay target holder (55), the clay target holder being configured to engage the sidewall of the clay target to locate the clay target relative to the thrower (target T is held in a first position relative the thrower by holder 55 engaging the sidewall of the target, Fig. 2), the clay target holder being configured to release the clay target to permit the thrower to throw the clay target (during launching (movement of the arm from the first to the second positions, the holder 55 releases the target to allow the arm to throw the target, Fig. 3), the throwing arm being moveable from a first throwing arm position (Fig. 2) to a second throwing arm position to throw the clay (Fig. 3), the throwing arm including a throwing arm body configured to permit the clay target to roll along the throwing arm after the clay target is released from the clay target holder (the target T is released from holder 55 at one end to roll along the surface of 110/170 to the exit/launch point at the distal end of the arm, Fig. 1-3).
Razee fails to teach:
The clay target holder being configured to engage the upper face of the clay target.
Further, Betts teaches:
A similar clay thrower assembly for throwing a clay target having an upper face, a bottom face, and a sidewall, the thrower comprising a frame supporting a rotating throwing arm, the throwing arm including a clay target holder configured to engage the upper face of the clay target that releases the clay target during rotation of the throwing arm to launch the clay target by rolling the sidewall of the clay target along a length of the throwing arm after being released from the holder (rotatable throwing arm 90 has a rail 95 that clay target (unlabeled but shown in Fig. 11-12) rolls along after being released from clay target holding spring 101 which is engaged to the upper surface of the clay target when ready to launch and is subsequently released therefrom for launching during rotation of the throwing arm, Fig. 1-14, page 2 col. 2 line 64 – page 3 col. 1 line 7).
It would have been obvious to one having ordinary skill in the art to have modified the invention of Razee to have further included a spring member on the clay target holder to engage the upper face of the clay target in order to more securely hold the clay target in place on the throwing arm in the first ready to fire position and further prevent it from inadvertent movement in the first position during adjustment or manipulation of the launching frame using the handle and pivotal mount and in order to allow a user to potentially further modify the flight of the clay target by allowing the engagement point on the upper surface to be adjusted by the user as taught by Betts (page 2 col. 2 line 64 – page 3 col. 1 line 7).
In Reference to Claim 27
Razee as modified by Betts teaches:
The handheld clay thrower assembly of claim 26, wherein the clay target holder is configured to move with the throwing arm as the throwing arm moves from the first throwing arm position to the second throwing arm position (Razee: holder 55 moves with arm 110/170 as the arm rotates to launch the target from the first to the second position, Fig. 2-3).
In Reference to Claim 28
Razee as modified by Betts teaches:
The handheld clay thrower assembly of claim 26, wherein the clay target holder is configured to grip the clay target to locate the clay target relative to the throwing arm and is configured to release the clay target responsive to movement of the throwing arm toward the second throwing arm position (Razee: holder 55 holds the loaded target T at a first loaded end of the throwing arm in the first position of Fig. 2 and releases the target T as the arm rotates and moves towards the second fired/launching position of Fig. 3).
In Reference to Claim 29
Razee as modified by Betts teaches:
The handheld clay thrower assembly of claim 28, wherein the clay target holder is moveable between an at rest position and a deflected position, the clay target holder being biased toward the at rest position (Razee: holder 55 is moved and held in a deflected/loaded position via latch 50 to hold the target in a loaded position (Fig. 2/2a) and an at rest position when released by the latch to release the target during firing as bias spring 57 rotates the holder away from the target during firing (Fig. 3)).
In Reference to Claim 30
Razee as modified by Betts teaches:
The handheld clay thrower assembly of claim 29, wherein the clay target holder is moveable from the at rest position to the deflected position by engagement of the clay target with the clay target holder (Razee: holder 55 is moved and held in a deflected/loaded position via latch 50 to hold the engaged target T in a loaded position (Fig. 2/2a)).
In Reference to Claim 31
Razee as modified by Betts teaches:
The handheld clay thrower assembly of claim 26, wherein the clay target holder is configured to be located to be accessible by a user to load the clay target to the clay target holder when the throwing arm is in the second throwing arm position (Razee: a user may access the target holder to load a clay when the arm is in the second throwing position of Fig. 3 or the first position of Fig. 2).
In Reference to Claim 33
Razee as modified by Betts teaches:
The handheld clay thrower assembly of claim 31, further comprising a bumper supported by the frame and arranged to engage to engage the throwing arm to position the throwing arm in the second throwing arm position (Razee: pawl/bumper 23 engages the carrier head 16 of the throwing arm to hold the throwing arm in the cocked/loaded first position, Fig. 1-2 (Col. 2 lines 52-59), while bumper/stop 60 engages the target holder 55 to hold it in the loaded position as well, Fig. 2/6 (Col. 5 lines 41-72)).
In Reference to Claim 34
Razee as modified by Betts teaches:
The handheld clay thrower assembly of claim 26, wherein the clay target holder is configured to receive the clay by sideways movement of the clay sidewall relative to the clay target holder (Razee: the clay target T is moved laterally/sideways into the holder 55, Fig. 2, Col. 4 line 43 – Col. 6 line 12).
In Reference to Claim 36
Razee as modified by Betts teaches:
The handheld clay thrower assembly of claim 26, wherein the frame includes a support surface arranged to support the clay target as the clay target rolls along the throwing arm, the clay target holder being moveable relative to the support surface (Razee: surface 16 supports the bottom surface of the target during loading and firing as the target rolls along the arm 110/170, wherein the holder 55 is pivotal to move relative the support surface, Fig. 2-3).
In Reference to Claim 37
Razee as modified by Betts teaches:
The handheld clay thrower assembly of claim 36, wherein the clay target holder is biased toward the support surface (Razee: the target holder is biased by the latch 50 in a direction towards the support surface 16 to remain engaged with the target in the loaded configuration (Fig. 2/2a), and spring 101 of Betts is also biased towards the support surface as it presses downward on the upper surface of the clay target).
In Reference to Claim 38
Razee as modified by Betts teaches:
The handheld clay thrower assembly of claim 37, wherein the support surface and the clay target holder are configured to grip the clay in a space between the support surface and the clay target holder (Razee: the holder 55 grips the clay target T in a space between the support surface 16 and the holder 55, Fig. 2, and further held under the spring 101 of Betts).
In Reference to Claim 39
Razee as modified by Betts teaches:
The handheld clay thrower assembly of claim 26, further comprising a support surface, the clay target holder being resiliently deflectable away from the support surface for gripping the clay (Razee: surface 16 supports the bottom surface of the target during loading and firing as the target rolls along the arm 110/170, wherein the holder 55 is resiliently pivotal to move towards and away relative the support surface, Fig. 2-3, and spring 101 of Betts is deflectable (resiliently bendable) away from the support surface).
In Reference to Claim 40
Razee as modified by Betts teaches:
The handheld clay thrower assembly of claim 26, further comprising a latch configured to engage the throwing arm to retain the throwing arm in the first throwing arm position (Razee: trigger 25 with pawl/latch 23 engage 16 to keep the throwing arm in the first cocked position, Fig. 1-2 (Col. 2 lines 52-59)).
In Reference to Claim 42
Razee as modified by Betts teaches:
The handheld clay thrower assembly of claim 26, further comprising a firing mechanism supported by the frame, the firing mechanism including a release actuator, a linkage, and a latch configured to engage the throwing arm to retain the throwing arm in the first throwing arm position, the linkage coupling the release actuator to the latch so that movement of the release actuator results in movement of the latch to release the throwing arm to permit the throwing arm to move to the second throwing arm position to throw the clay target (Razee: release actuator 26 actuates trigger linkage 25 which moves spring biased pawl/latch 23 out of engagement with 16 to release the throwing arm from the first cocked position to the second firing position the fires target T, Fig. 1-3 (Col. 2 lines 52-59)).
In Reference to Claims 41 and 43-44
Razee as modified by Betts teaches:
The handheld clay thrower assembly of claim 40/42, further comprising a trigger actuatable to permit the thrower to throw the clay target, and wherein the trigger/release actuator is forward of the latch (Razee: latch 23 is approximately in the same area laterally as the trigger linkage/actuator 25/26).
Though Razee doesn’t specifically teach the release actuator being positioned in front of the latch, this type of arrangement is known and common in the art and one having ordinary skill in the art would have found it obvious to modify the relative positions of the release actuator and latch as this is merely a matter of obvious design choice, and further as it has been held that rearranging parts of a device involves only routine skill in the art (In re Japikse, 86 USPQ 70) and it has been held that matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art (In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947)).
In Reference to Claim 45
Razee as modified by Betts teaches:
The handheld clay thrower assembly of claim 26, wherein the frame includes a downwardly extending pistol grip (Razee: the rear end of the frame includes a downwardly extending portion with pistol grip like handle 27 extending therefrom at a downward angle to allow a user’s hand to grasp and support the assembly during use, Fig. 1).
In Reference to Claim 46
Razee as modified by Betts teaches:
The handheld clay thrower assembly of claim 45, further comprising a trigger actuatable to permit the thrower to throw the clay target, the trigger being arranged relative to the pistol grip so that the trigger is engageable by a hand of a user when the hand of the user is grasping the pistol grip (Razee: actuator/trigger 25 is movable to selectively release/fire the target, the trigger having means 26 immediately adjacent to and actuatable by a user’s hand/fingers positioned on handle 27, Fig. 1).
In Reference to Claim 47
Razee as modified by Betts teaches:
The handheld clay thrower assembly of claim 26, further comprising a trigger actuatable to permit the thrower to throw the clay target (Razee: actuator/trigger assembly 26/25/23 is movable to selectively release/fire the target, Fig. 1) and a support surface arranged to support the clay target (Razee: surface 16 supports the bottom surface of the target during loading and firing as the target rolls along the arm 110/170, Fig. 2-3), the trigger being disposed below the support surface (Razee: the actuator 26 and trigger linkage 25 and pawl 23 are located below the support surface of 16, Fig. 1).
In Reference to Claim 54
Razee as modified by Betts teaches:
The handheld clay thrower assembly of claim 26, wherein the clay target holder is moveable between a first position and a second position relative to the throwing arm (Razee: the holder 55 is pivotal to move between first (Fig. 2) and second positions (Fig. 3) relative the throwing arm, Fig. 2-3).
In Reference to Claim 57
Razee as modified by Betts teaches:
The handheld clay thrower assembly of claim 26, wherein the clay target holder comprises a thumb and a spring, the thumb pivotally connected to the throwing arm between an at rest position and a deflected position, the spring biasing the thumb toward the at rest position (the distal end of the spring 101 is considered a functional thumb as this is the contacting portion or thumb of the retaining means which is pivotally connected to the throwing arm via the pivot end of the spring connected to the throwing arm that allows the thumb position to be modified to vary the target trajectory as previously discussed and shown in Betts).
Though Betts doesn’t specifically teach the thumb/distal end portion being a separate part from the spring, the thumb is connected to the throwing arm using the same claimed pivotal connection and therefore functions in the same claimed manner. Further, it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art (Nerwin v. Erlichman, 168 USPQ 177, 179).
Alternatively and/or additionally, Claim(s) 26-28, 33-34, and 36-57 are rejected under 35 U.S.C. 103 as being unpatentable over Killion US Pat. No. 5,050,575 in view of Betts US Pat. No. 2,193,266.
In Reference to Claim 26
Killion teaches:
A handheld clay thrower assembly for throwing a clay target, the clay target having an upper face, a bottom face, and a sidewall therebetween (clay trap target like discs 30 having upper, lower, and side surfaces configured to be launched by a hand controllable thrower 10, Fig. 1-8, (Fig. 1-4 shows use without a magazine allowing free open access through aperture 20), the handheld clay thrower assembly comprising:
a frame (housing 11); and
a thrower supported by the frame and moveable relative to the frame, the thrower comprising a throwing arm (thrower formed by spring powered throwing arm 64) and a clay target holder (holding portion 43/63), the clay target holder being configured to engage the sidewall of the clay target to locate the clay target relative to the thrower (holding portion 43/63 holds the target disc in loaded position by engaging the sidewall of the target, Fig. 4) the clay target holder being configured to release the clay target to permit the thrower to throw the clay target (targets 30 moves away from the holder and along the surface of the arm to launch out of the housing, Fig. 4), the throwing arm being moveable from a first throwing arm position (solid line of Fig. 4) to a second throwing arm position to throw the clay (phantom lines in Fig. 4 near the exit 15), the throwing arm including a throwing arm body configured to permit the clay target to roll along the throwing arm after the clay target is released from the clay target holder (targets 30 move along the surface of the throwing arm 64 to release/fire the discs out of the housing, Fig. 4).
Killion fails to teach:
The clay target being specifically formed of clay material and the clay target holder being configured to engage the upper face of the clay target.
Though Killion doesn’t explicitly recite the target discs being made of clay (the clay doesn’t necessarily require that the targets are formed of clay as the claim is presented as a thrower capable of throwing a clay target, of which the prior art meets), it would have been obvious to one having ordinary skill in the art to have formed the discs of clay as this is a commonly known and used flying disc/target material in the art and it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice (In re Leshin, 125 USPQ 416).
Further, Betts teaches:
A similar clay thrower assembly for throwing a clay target having an upper face, a bottom face, and a sidewall, the thrower comprising a frame supporting a rotating throwing arm, the throwing arm including a clay target holder configured to engage the upper face of the clay target that releases the clay target during rotation of the throwing arm to launch the clay target by rolling the sidewall of the clay target along a length of the throwing arm after being released from the holder (rotatable throwing arm 90 has a rail 95 that clay target (unlabeled but shown in Fig. 11-12) rolls along after being released from clay target holding spring 101 which is engaged to the upper surface of the clay target when ready to launch and is subsequently released therefrom for launching during rotation of the throwing arm, Fig. 1-14, page 2 col. 2 line 64 – page 3 col. 1 line 7).
It would have been obvious to one having ordinary skill in the art to have modified the invention of Killion to have further included a spring member on the clay target holder to engage the upper face of the clay target in order to more securely hold the clay target in place on the throwing arm first position to be ready for launching and in order to allow a user to potentially further modify the flight of the clay target by allowing the engagement point on the upper surface to be adjusted by the user as taught by Betts (page 2 col. 2 line 64 – page 3 col. 1 line 7).
In Reference to Claim 27
Killion as modified by Betts teaches:
The handheld clay thrower assembly of claim 26, wherein the clay target holder is configured to move with the throwing arm as the throwing arm moves from the first throwing arm position to the second throwing arm position (Killion: holder 43/63 with the spring 101 of Betts moves along with arm 64).
In Reference to Claim 28
Killion as modified by Betts teaches:
The handheld clay thrower assembly of claim 26, wherein the clay target holder is configured to grip the clay target to locate the clay target relative to the throwing arm and is configured to release the clay target responsive to movement of the throwing arm toward the second throwing arm position (Killion: holding portion 43/63 holds the target disc in loaded position against the wall 32 with assist on the upper surface via the spring of Betts as modified, and releases the disc from the holder as arm 64 moves to the second position, of Fig. 4).
In Reference to Claim 33
Killion as modified by Betts teaches:
The handheld clay thrower assembly of claim 31, further comprising a bumper supported by the frame and arranged to engage to engage the throwing arm to position the throwing arm in the second throwing arm position (Killion: knob 37 abuts the rear surface of aperture 56 to act as a rear bumper that sets the throwing arm in the loaded first position, Fig. 4).
In Reference to Claim 34
Killion as modified by Betts teaches:
The handheld clay thrower assembly of claim 26, wherein the clay target holder is configured to receive the clay by sideways movement of the clay sidewall relative to the clay target holder (Killion: clay disc 30 is inserted into the clay holder so it is laterally engaged on its sidewall by the target holder 63 and the outer housing surface 32 and moves laterally into the holder relative to the spring 101 of Betts as modified, Fig. 4).
In Reference to Claim 36
Killion as modified by Betts teaches:
The handheld clay thrower assembly of claim 26, wherein the frame includes a support surface arranged to support the clay target as the clay target rolls along the throwing arm, the clay target holder being moveable relative to the target support surface (Killion: the bottom surface of the interior housing 20 supports the bottom surface of the disc as the disc rolls along the throwing arm 64 and outer surface 32 as the arm and holder move along/over the support surface to launch the disc out of the housing exit 15, Fig. 4).
In Reference to Claim 37
Killion as modified by Betts teaches:
The handheld clay thrower assembly of claim 36, wherein the clay target holder is biased toward the support surface (Killion: the target holder has spring member 101 as modified by Betts above which provides a biasing force on the upper surface of the clay target towards the support surface of the thrower).
In Reference to Claim 38
Killion as modified by Betts teaches:
The handheld clay thrower assembly of claim 37, wherein the support surface and the clay target holder are configured to grip the clay in a space between the support surface and the clay target holder (Killion: the holder 43 includes the spring 101 of Betts as modified above that helps the holder grip the clay target in a space between the support surface and the holder).
In Reference to Claim 39
Killion as modified by Betts teaches:
The handheld clay thrower assembly of claim 26, further comprising a support surface, the clay target holder being resiliently deflectable away from the support surface for gripping the clay (Killion: surface 15 supports the bottom surface of the target during loading and firing as the target rolls along the arm 64 and outer surface 49 of the housing, wherein the holder 43 has a biasing spring 101 as modified by Betts above which is resiliently bendable away from the support surface is resiliently pivotal to move towards and away relative the support surface, Fig. 2-3, and the spring 101 of Betts is deflectable (resiliently bendable) away from the support surface).
In Reference to Claim 40
Killion as modified by Betts teaches:
The handheld clay thrower assembly of claim 26, further comprising a latch configured to engage the throwing arm to retain the throwing arm in the first throwing arm position (Killion: trigger lever 33 has an upper end latch 40 that selectively engages and holds the throwing arm via slot 45 in the loaded position, Fig. 4).
In Reference to Claim 41
Killion as modified by Betts teaches:
The handheld clay thrower assembly of claim 40, further comprising a trigger actuatable to permit the thrower to throw the clay target (Killion: trigger 33 is actuated 42 via finger grip 41 to selectively release the latch 40 from slot 45), and wherein the trigger is forward of the latch (Killion: the forward surface of the trigger 33 is forward the rear surface of the latch 40, Fig. 2).
Though Killion doesn’t specifically teach the release actuator being positioned in front of the latch, this type of arrangement is known and common in the art and one having ordinary skill in the art would have found it obvious to modify the relative positions of the release actuator and latch as this is merely a matter of obvious design choice, and further as it has been held that rearranging parts of a device involves only routine skill in the art (In re Japikse, 86 USPQ 70) and it has been held that matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art (In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947)).
In Reference to Claim 42
Killion as modified by Betts teaches:
The handheld clay thrower assembly of claim 26, further comprising a firing mechanism supported by the frame, the firing mechanism including a release actuator, a linkage, and a latch configured to engage the throwing arm to retain the throwing arm in the first throwing arm position, the linkage coupling the release actuator to the latch so that movement of the release actuator results in movement of the latch to release the throwing arm to permit the throwing arm to move to the second throwing arm position to throw the clay target (Killion: trigger 33 has integral coupled portions of a release actuator section 41, a central linkage portion 33, and a latch end 40 that selectively engages 45 of the throwing arm to hold the arm in the loaded position and release the throwing arm to launch the discs via user actuation 42, Fig. 2)
In Reference to Claim 43
Killion as modified by Betts teaches:
The handheld clay thrower assembly of claim 42, wherein the release actuator is located in front of the latch (Killion: the forward surface of the trigger 33 is forward the rear surface of the latch 40 and the actuator potion 41 is about in line with the latch, Fig. 2).
Though Killion doesn’t specifically teach the release actuator being positioned in front of the latch, this type of arrangement is known and common in the art and one having ordinary skill in the art would have found it obvious to modify the relative positions of the release actuator and latch as this is merely a matter of obvious design choice, and further as it has been held that rearranging parts of a device involves only routine skill in the art (In re Japikse, 86 USPQ 70) and it has been held that matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art (In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947)).
In Reference to Claim 44
Killion as modified by Betts teaches:
The handheld clay thrower assembly of claim 43, wherein the release actuator comprises a trigger (Killion: trigger actuating surface 41 forms the actuator portion of the trigger 33, Fig. 2).
In Reference to Claim 45
Killion as modified by Betts teaches:
The handheld clay thrower assembly of claim 26, wherein the frame includes a downwardly extending pistol grip (Killion: downward pistol grip 14, Fig. 2-3).
In Reference to Claim 46
Killion as modified by Betts teaches:
The handheld clay thrower assembly of claim 45, further comprising a trigger actuatable to permit the thrower to throw the clay target, the trigger being arranged relative to the pistol grip so that the trigger is engageable by a hand of a user when the hand of the user is grasping the pistol grip (Killion: trigger 33 is actuated by a user’s finger via movement 42 of finger grip 41 to release the thrower while the user holds the grip 14, Fig. 2).
In Reference to Claim 47
Killion as modified by Betts teaches:
The handheld clay thrower assembly of claim 26, further comprising a trigger actuatable to permit the thrower to throw the clay target and a support surface arranged to support the clay target, the trigger being disposed below the support surface (Killion: trigger 33 located under the thrower and housing is actuated 42 to release the thrower to launch the disc over support surface 21 out of outlet 15, Fig. 1-5).
In Reference to Claim 48
Killion as modified by Betts teaches:
The handheld clay thrower assembly of claim 26, wherein the frame includes a first downwardly extending handle sized and shaped to be grasped by a first hand of a user to support a weight of the handheld clay thrower assembly while the user controls the handheld clay thrower assembly to throw the clay target (Killion: downward pistol grip 14 shaped and sized to be grasped by a user’s hand to hold and use the thrower assembly while launching targets therefrom, Fig. 1-4).
In Reference to Claim 49
Killion as modified by Betts teaches:
The handheld clay thrower assembly of claim 48, further comprising a trigger actuatable to permit the thrower to throw the clay target, the trigger being arranged relative to the first handle so that the trigger is engageable by the first hand of the user when the first hand of the user is grasping the first handle (Killion: trigger 33 is actuated by a user’s finger via movement 42 of finger grip end 41 to release the thrower while the user holds the grip 14, Fig. 2).
In Reference to Claim 50
Killion as modified by Betts teaches:
The handheld clay thrower assembly of claim 48, wherein the frame includes a second handle sized and shaped to be grasped by a second hand of the user to support the handheld clay thrower assembly (Killion: handle knob 37 extends through the bottom surface of the housing and is movable via a user’s second hand to a rear position at the back of 56 to place the throwing arm in the loaded position, Col. 3 lines 13-25, 41-44, Fig. 2, 4).
In Reference to Claim 51
Killion as modified by Betts teaches:
The handheld clay thrower assembly of claim 50, wherein the second handle is rearward of the first handle (Killion: handle knob 37 extends through the bottom surface of the housing and is movable via a user’s second hand to a rear position at the back of 56 rearward the first handle 14 to place the throwing arm in the loaded position, Col. 3 lines 13-25, 41-44, Fig. 2, 4).
In Reference to Claim 52
Killion as modified by Betts teaches:
The handheld clay thrower assembly of claim 51, wherein the first handle comprises a pistol grip (Killion: first pistol grip 14, Fig. 2-3).
In Reference to Claim 53
Killion as modified by Betts teaches:
The handheld clay thrower assembly of claim 26, wherein the frame is handheld and includes at least one handle at a bottom end of the frame for permitting a user to carry the handheld clay thrower assembly while operating the handheld clay thrower assembly to throw the clay target (Killion: the device is a handheld thrower 10 pistol grip 14 extending from a bottom of the frame and being shaped and sized to be grasped by a user’s hand to hold and use the thrower assembly, Fig. 1-4)).
In Reference to Claim 54
Killion as modified by Betts teaches:
The handheld clay thrower assembly of claim 26, wherein the clay target holder is moveable between a first position and a second position relative to the throwing arm (Killion: the holder 43 having the pivotal spring 101 of Betts allows the spring portion 101 to pivot to different positions relative to the throwing arm to modify as discussed above in Betts (Fig. 11-12, page 2 col. 2 line 64 – page 3 col. 1 line 7).
In Reference to Claim 55
Killion as modified by Betts teaches:
The handheld clay thrower assembly of claim 26, wherein the frame includes a housing, and the thrower moves within the housing (Killion: the frame 11 is formed by a hollow housing 12/13 that the thrower 64 moves within, Fig. 1-4).
In Reference to Claim 56
Killion as modified by Betts teaches:
The handheld clay thrower assembly of claim 55, wherein the housing defines an inlet opening along a side of the housing to receive the clay by sideways movement of the clay target (housing 12 has an inlet opening 20 that the target is moved into the housing by movement of the target through the opening, Fig. 1-4, further outlet opening 32 is formed in a side of the housing that is capable of allowing a target to be moved sideways therein by using the reverse movement of the target as shown in Fig. 4).
Though Killion doesn’t specifically show or teach the target being loaded into the first position by being moved laterally through the opening in the side of the housing, the outlet opening 32 of Killion is formed in a side of the housing and allows sideways movement of a target into the thrower and therefore the prior art is capable of allowing the claimed intended use. The outlet opening in the side of the housing is capable of performing the claimed function and therefore the prior art teaches the claimed limitations. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. The claim does not define an outlet and an inlet distinct and spaced from the outlet and therefore the outlet aperture formed in the side of the housing is capable of performing the claimed task and therefore it meets the claimed limitation. Further, it would have been obvious to one having ordinary skill in the art to have formed the inlet aperture in the side of the housing near the first ready to fire position (instead of on top) as it has been held that rearranging parts of an invention involves only routine skill in the art (In re Japikse, 86 USPQ 70).
In Reference to Claim 57
Killion as modified by Betts teaches:
The handheld clay thrower assembly of claim 26, wherein the clay target holder comprises a thumb and a spring, the thumb pivotally connected to the throwing arm between an at rest position and a deflected position, the spring biasing the thumb toward the at rest position (the distal end of the spring 101 is considered a functional thumb as this is the contacting portion or thumb of the retaining means which is pivotally connected to the throwing arm via the pivot end of the spring connected to the throwing arm that allows the thumb position to be modified to vary the target trajectory as previously discussed and shown in Betts).
Though Betts doesn’t specifically teach the thumb/distal end portion being a separate part from the spring, the thumb is connected to the throwing arm using the same claimed pivotal connection and therefore functions in the same claimed manner. Further, it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art (Nerwin v. Erlichman, 168 USPQ 177, 179).
Response to Arguments
Applicant's arguments filed 2/18/2026 have been fully considered but they are not persuasive.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). The primary reference lacks an upper target surface engagement means, however this type of engagement means is known and common in the art as taught by the secondary reference Betts. The secondary reference provides teaching that adding an upper surface engaging feature on a throwing arm aids in target retention during adjustment or any pre-firing conditions and additionally may provide a variation in the force holding location on the target surface loaded in the ready to fire condition which may provide additional control over the flight path of the target during launch as taught by the secondary reference Betts. The primary reference does not need to teach or discuss that this feature is desired as this motivation is provided by the secondary reference. The secondary reference provides at least two motivations for use of the added feature and therefore there is no hindsight reasoning being used as the secondary reference provides motivation for the addition of this feature to the primary reference. Therefore, one having ordinary skill in the art would understand how to apply this feature to the primary reference to provide the known feature taught by the secondary reference and therefore this argument is not found persuasive.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, it would have been obvious to one having ordinary skill in the art to have modified the invention of Razee to have further included a spring member on the clay target holder to engage the upper face of the clay target in order to more securely hold the clay target in place on the throwing arm in the first ready to fire position and further prevent it from inadvertent movement in the first position during adjustment or manipulation of the launching frame using the handle and pivotal mount and in order to allow a user to potentially further modify the flight of the clay target by allowing the engagement point on the upper surface to be adjusted by the user as taught by Betts (page 2 col. 2 line 64 – page 3 col. 1 line 7). The secondary reference provides teaching that adding an upper surface engaging feature on a throwing arm aids in target retention during adjustment or any pre-firing conditions and additionally may provide a variation in the force holding location on the target surface loaded in the ready to fire condition which may provide additional control over the flight path of the target during launch as taught by the secondary reference Betts.
The applicant’s argument that the spring of the secondary reference would impair the launch of the target is not found persuasive (Regarding Razee and Betts). In the secondary reference the spring would also move along the upper surface of the target during firing and therefore is capable of allowing the target to be released in an adequate manner for launching. The retention spring does not prevent the target from being moved during launch, it simply adds a small holding force on the target before launch and provides a small force on the upper surface that may be moved to different locations on the upper surface which slightly changes the exact release of the target during launch to provide a slight variation in flight as desired. In no way does it prevent the movement of the target during launch, it only prevents unnecessary movement before launch. The launch force of the throwing arm is significantly higher than the holding force of the spring on the loaded target such that the spring engagement member is easy overcome by the throwing arm launching force and therefore adding this feature to the holding means of Razee would not prevent the target from being quickly and easily removed from the target holder during launch and one having ordinary skill in the art would be able to incorporate this feature with the proper retention force that held the target in the initial ready to fire position but also allow the target to be released for firing when the throwing arm is activated. One having ordinary skill in the art would understand that the retaining spring being added to the target holder would simply help to retain the target member in the holding means before launch (and during adjustment) and additionally allow for slight variation in the flight path of the target during launch as desired as taught by Betts.
The applicant’s argument that the spring of the secondary reference would impair the launch of the target is not found persuasive (Regarding Killion and Betts). Killion teaches the targets are dropped from above the throwing arm through the loading aperture and Betts teaches the spring retaining member extending over the top surface of the target, however one having ordinary skill in the art would be able to combine these features to form the claimed invention. The spring retaining member of Betts is pivotally mounted to allow the position of the spring to be changed on the target upper surface and therefore may be pivoted out of the way of a target when loaded through the top aperture of Killion and may be pivoted to the desired retaining position by the user before launch to hold the target in the desired ready to fire position. One having ordinary skill in the art would understand that the movable retaining spring being added to the target holder would help to retain the target member in the holding means before launch (and during adjustment) and additionally allow for slight variation in the flight path of the target during launch as desired as taught by Betts.
Further, it is noted that other clay target launchers include holders having portions that engage the upper face of clay targets before launch (ex. Fig. 5 of Collins US Pat. No. 10,545,011, Fig. 7a of LaPorte US Pub. 2022/0349683) which further supports the obviousness that one of ordinary skill in the art would understand the advantage of utilizing a top support member on the thrower and any of these references could be used in an obvious combination with the cited primary references. It is suggested that the applicant define more clear structural differences between their thrower and thrower parts and the prior art shown as there appear to be numerous differences that could structurally differentiate from the cited prior art that are not structurally required by the currently presented claims.
Brief Discussion of Other Prior Art References
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, Sievers (9,303,942), Victor (9,194,646, 8,967,130), Whidborne (2012/0138034), Williamson (7,461,645), Jaworski (4,248,202), Gay (3,717,136), Napier (1,353,663), Camp (1,700,880), and Jennings (2025/0123086 is too new to be used as prior art but very similar device) teach similar disc launching devices.
Conclusion
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/ALEXANDER R NICONOVICH/Primary Examiner, Art Unit 3711