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 as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 17. 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. 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.
Specification
The disclosure is objected to because of the following informalities:
In page 10 line 23, "20 or 22" should read "22 or 24."
In page 11 line 2, "first rocking member 20" should read "first rocking member 18."
In page 11 line 2-3, "second rocking member 22" should read "second rocking member 20."
In page 11, line 17 "18-20" should read "18 and 20."
In page 13, line 19, "figure 3" should read "figure 4."
Appropriate correction is required.
Claim Objections
Claim 3 is objected to because of the following informalities: In claim 3 line 7, "second curved upright" should read "second upright". Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brune (US 2011/0175293) .
Regarding claim 1, Brune discloses a rocking target holder apparatus (Figure 1A, element 10) comprising:
a rocking base (Figure 1A, element 14) having a first end for positioning upon a support surface (Figure 1A, element 12) and having a second end; and
said second end of said rocking base coupled to a target mount (Figure 1A, element 16) for holding a target positioned thereon.
Regarding claim 2, Brune discloses the rocking target holder apparatus of claim 1 additionally comprising:
said rocking base having a first curved rocking member (Figure 1A, element 40) thereon which is positionable upon a support surface;
said rocking base coupled to said target mount by a first upright (Figure 1, element 90);
said first upright engaged at a first end with said first curved rocking member (Figure 3, element 18); and
said first upright engaged at a second end with one of said target mount or a target member engaged with said target mount (Figure 3, element 98).
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 (i.e., changing from AIA to pre-AIA ) 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 3-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brune (US 2011/0175293) in view of Cole (US 2020/0363170), and further in view of Kimblad et al. (US 9829285).
Regarding claim 3, Brune discloses the rocking target holder apparatus of claim 1 and additionally discloses a rocking base having a first curved rocking member (Figure 1A, element 46) and having a second curved rocking member (figure 1A, element 48); and wherein upon impact of a projectile a rearward rocking of said target mount in a direction away from said impact, will thereby absorb force from said impact (Paragraph 0013, line 11-13).
Brune does not disclose a first upright engaged at a first end thereof to a central area of said first curved rocking member; a second curved upright engaged at a first end thereof to a central area of said second curved rocking member; a target member in an engagement at a first end thereof, to a second end of said first upright; said target member engaged at a second end thereof to a second end of said second upright; or said target mount positioned upon said target member in between said first end of said target member and said second end of said target member.
Cole teaches a first upright (Figure 1, element 122) engaged at a first end thereof to a central area of a first base member (Figure 1, element 126); a second upright (Figure 1, element 124) engaged at a first end thereof to a central area of a second base member (Figure 1, element 128); a target member (Figure 1, element 110) in an engagement at a first end thereof, to a second end of said first upright (Figure 1, element 130); said target member engaged at a second end thereof to a second end of said second upright (figure 1, element 132). The teachings of Cole differ from the claimed invention by the substitution of curved rocking members for the first and second base members. These substituted curved rocking members are known in the art, as disclosed above by Brune (Figure 1A, elements 46 & 48). The results of this substitution would have been predictable to one of ordinary skill in the art. It would have been obvious for one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified Brune to incorporate the teachings of Cole to provide a target apparatus with two uprights to support the target member above the rocking base, substituting one known element for another surface.
Brune, as modified by Cole, still fails to teach said target mount positioned upon said target member in between said first end of said target member and said second end of said target member.
However, Kimblad teaches a target mount (Figure 1, element 94) positioned upon a target member (Figure 1, element 80) in between a first end of the target member and a second end of the target member (Figure 2, elements 84 and 86). Kimblad reveals that it is known in the art of target apparatuses to provide a target mount positioned upon a target member, in between a first end of the target member and a second end of the target member. It would have been obvious for one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified Brune to incorporate the teachings of Kimblad to provide a surface for the projectiles to strike that is some distance away from the base of the target apparatus.
Regarding claim 4, Brune, as modified by Cole and Kimblad, discloses the rocking target holder apparatus of claim 3 and Brune additionally discloses a first curved rocking member (Figure 1A, element 46) having a first contact surface (Figure 1B, element 50) for positioning upon said support surface; said second curved rocking member (Figure 1A, element 48) having a second contact surface (Figure 1B, element 50) for positioning upon said support surface; a first bump (Figure 1B, element 112) stop extending from said first contact surface; a second bump stop (Figure 1B, element 112) extending from said second contact surface; and contact of said first bump stop and of said second bump with said support surface limiting said rearward rocking of said rocking base (Paragraph 0071, line 3-6).
Regarding claim 5, Brune, as modified by Cole and Kimblad, discloses the rocking target holder apparatus of claim 3. Brune does not disclose said engagement of said first end of said target member to said second end of said first upright being a first removable engagement; said engagement of said second end of said target member to said second end of said second upright being a second removable engagement, whereby said targeting member with said target mount attached thereto is removably engageable with said rocking base.
Cole teaches an engagement of a first end of a target member to a second end of a first upright being a first removable engagement (Figure 1, element 130); an engagement of a second end of a target member to a second end of a second upright being a second removable engagement (Figure 1, element 132), whereby a targeting member with a target mount attached thereto is removably engageable with a base (abstract, line 2-4). Cole reveals that it is known in the art of target apparatuses to provide a plurality of removable engagements of a target member to a plurality of uprights. It would have been obvious for one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the rocking base of Brune to incorporate the teachings of Cole to provide a first and second removable engagement to the target base for ease of storage and transportation of the target apparatus.
Regarding claim 6, Brune, as modified by Cole and Kimblad, discloses the rocking target holder apparatus of claim 4. Brune does not disclose said engagement of said first end of said target member to said second end of said first upright being a first removable engagement; said engagement of said second end of said target member to said second end of said second upright being a second removable engagement, whereby said targeting member with said target mount attached thereto is removably engageable with said rocking base.
Cole teaches an engagement of a first end of a target member to a second end of a first upright being a first removable engagement (Figure 1, element 130); an engagement of a second end of a target member to a second end of a second upright being a second removable engagement (Figure 1, element 132), whereby a targeting member with a target mount attached thereto is removably engageable with a base (abstract, line 2-4). Cole reveals that it is known in the art of target apparatuses to provide a plurality of removable engagements of a target member to a plurality of uprights. It would have been obvious for one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the rocking base of Brune to incorporate the teachings of Cole to provide a first and second removable engagement to the target base for ease of storage and transportation of the target apparatus.
Regarding claim 7, Brune, as modified by Cole and Kimblad, discloses the rocking target holder apparatus of claim 3. Brune does not disclose said engagement of said first end of said target member to said first upright being a first rotational engagement; said engagement of said second end of said target member to said second upright being a second rotational engagement; and said target member being rotatable to position said target mount to varying angled positions.
Kimblad teaches an engagement of a first end of a target member to a first upright being a rotational engagement (Column 2, lines 40-42); an engagement of a second end of a target member to a second upright being a second rotational engagement (Column 2, lines 40-42); and a target member being rotatable to position said target mount to varying angled positions (Figure 1, element 80). Kimblad reveals that it is known in the art of target apparatuses to provide a plurality of rotational engagements of a target member to a plurality of uprights. It would have been obvious for one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the rocking base of Brune to incorporate the teachings of Kimblad to provide a first and second rotational engagement to allow the target mount to be staged in varying angled positions.
Regarding claim 8, Brune, as modified by Cole and Kimblad, discloses the rocking target holder apparatus of claim 4. Brune does not disclose said engagement of said first end of said target member to said first upright being a first rotational engagement; said engagement of said second end of said target member to said second upright being a second rotational engagement; and said target member being rotatable to position said target mount to varying angled positions.
Kimblad teaches an engagement of a first end of a target member to a first upright being a rotational engagement (Column 2, lines 40-42); an engagement of a second end of a target member to a second upright being a second rotational engagement (Column 2, lines 40-42); and a target member being rotatable to position said target mount to varying angled positions (Figure 1, element 80). Kimblad reveals that it is known in the art of target apparatuses to provide a plurality of rotational engagements of a target member to a plurality of uprights. It would have been obvious for one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the rocking base of Brune to incorporate the teachings of Kimblad to provide a first and second rotational engagement to allow the target mount to be staged in varying angled positions.
Regarding claim 9, Brune, as modified by Cole and Kimblad, discloses the rocking target holder apparatus of claim 5. Brune does not disclose a first rotating connector engaged between said first end of said target member and a central area of said target member connected to said target mount; a second rotating connector engaged between said second end of said target member and said central area of said target member; and said central area of said target member rotatable to position said target mount to varying angular positions.
Cole teaches a first rotating connector (Figure 1, element 184) engaged between a first end of a target member (Figure 1, element 182) and a central area of said target member connected to a target mount; a second rotating connector (Figure 1, element 186) engaged between said second end of said target member and said central area of said target member; and said central area of said target member rotatable to position said target mount to varying angular positions (Paragraph 0043, line 8-12). Cole reveals that it is known in the art of target apparatuses to provide a first and second rotating connector engaged with a target member to make a central area of said target member rotatable. It would have been obvious for one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the target member of Brune in view of Cole and Kimblad to incorporate the teachings of Cole to provide a first and second rotating connector to allow the target mount to be staged in varying angled positions.
Regarding claim 10, Brune, as modified by Cole and Kimblad, discloses the rocking target holder apparatus of claim 6. Brune does not disclose a first rotating connector engaged between said first end of said target member and a central area of said target member connected to said target mount; a second rotating connector engaged between said second end of said target member and said central area of said target member; and said central area of said target member rotatable to position said target mount to varying angular positions.
Cole teaches a first rotating connector (Figure 1, element 184) engaged between a first end of a target member (Figure 1, element 182) and a central area of said target member connected to a target mount; a second rotating connector (Figure 1, element 186) engaged between said second end of said target member and said central area of said target member; and said central area of said target member rotatable to position said target mount to varying angular positions (Paragraph 0043, line 8-12). Cole reveals that it is known in the art of target apparatuses to provide a first and second rotating connector engaged with a target member to make a central area of said target member rotatable. It would have been obvious for one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the target member of Brune in view of Cole and Kimblad to incorporate the teachings of Cole to provide a first and second rotating connector to allow the target mount to be staged in varying angled positions.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KALYN G YOUNGER whose telephone number is (571)272-0733. The examiner can normally be reached Monday-Friday 8 AM-5 PM.
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/K.G.Y./Examiner, Art Unit 3711
/NICHOLAS J. WEISS/Supervisory Patent Examiner, Art Unit 3711