CTNF 18/234,430 CTNF 71645 OFFICE ACTION 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Applicant filed a claim set on 8/16/2023. Claims 1–18 are pending. Claim Objections 07-29-01 AIA Claim 1 is objected to because of the following informalities : Claim 1 should end with a period . 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. 07-34-01 AIA Claim s 8–10 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 pre-AIA the applicant regards as the invention. Claim 8 is a dependent claim, but it depends from itself. This is not only an improper dependent claim, but its claim scope is unclear. Applicant should amend the claim so as to refer to a different claim. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1–3 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by US 5,715,739 (White) . 1. A bullet catcher target apparatus comprising: “A new Bullet Trap System for allowing a user to perform target practice with a gun without fear of the bullets straying and injuring another person or property” (White at Abstract). a. a target enclosure including a front opening opposite a rear, a bottom plate opposite a top plate, and two opposing side plates, the plates being angled such that the target enclosure tapers toward the rear thereof, thereby causing a bullet shot through the target enclosure to be funneled to the rear of the target enclosure; PNG media_image1.png 436 476 media_image1.png Greyscale PNG media_image2.png 314 500 media_image2.png Greyscale “The inventive device includes a funnel device having an enlarged end and a narrow end…The enlarged end receives the bullet from the gun whereafter the bullet engages a slanted wall of the funnel device thereby slowing the travel of the bullet. The bullet thereafter projects into the storage container through the narrow end” (White at Abstract). b. a collector tube attached at the rear of the target enclosure, the collector tube configured to receive the bullet, stop momentum of the bullet and hold the bullet therein; PNG media_image3.png 427 418 media_image3.png Greyscale “The bullet thereafter projects into the storage container through the narrow end where the user may empty upon filling with the bullets” (White at Abstract). 2. The bullet catcher target apparatus of claim 1, wherein the target enclosure includes a front target wall attached to the front thereof. “target sheet 12 is securable to the enlarged end 22 for allowing a user to aim for” (White 3:44–45). 3. The bullet catcher target apparatus of claim 2, wherein the front target wall is detachable from the target enclosure. That the sheet is “securable” to the front, enlarged end evidences that it is also detachable . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim s 4–7 are rejected under 35 U.S.C. 103 as being unpatentable over White in view of US 10,030,945 (Mol) . 4. The bullet catcher target apparatus of claim 3, wherein the front target wall is made of self-healing ballistic rubber. White does not teach a front target wall made of self-healing ballistic rubber. Mol teaches a “Bullet Trapping Apparatus” (at Title) which includes a bullet trapping chamber and a front wall. Mol teaches that the front wall is made from energy-absorbing rubber: “The front energy absorbing panel is preferably fabricated from a either a screen or a fabric layer laminated to a front of a rubber material” (Mol 1:53–55). It would have been obvious before the effective filing date of the claimed invention to have provided a front wall of White with an energy absorbing rubber material. Doing so would have provided a predicable way to further diminish the velocity of a bullet. One of ordinary skill would have recognized that any energy-absorbing rubber material would have provided at least some minimal degree of “self-healing”. 5. The bullet catcher target apparatus of claim 4, wherein the collector tube includes an elongated cylindrical tube having a narrow elongated front opening through which the bullet is funneled. PNG media_image4.png 340 345 media_image4.png Greyscale [White FIG 4] See also White FIG 6. 6. The bullet catcher target apparatus of claim 5, wherein the collector tube includes a bullet stop located inside the elongated cylindrical tube behind one of the side plates and configured to stop momentum of the bullet as it travels around a curvature of the elongated cylindrical tube. The rear wall of the tube of White provides a “bullet stop” as it imparts at least some stopping force component on an incoming bullet. See also White FIG 4. 7. The bullet catcher target apparatus of claim 6, wherein the elongated cylindrical tube includes a top cap and a bottom cap at each end thereof, and wherein the bottom cap is able to be moved, enabling removal of the bullet from the elongated cylindrical tube. See White FIG 6 and the removable bottom cap allowing bullet removal . 07-21-aia AIA Claim 6 is alternatively rejected under 35 U.S.C. 103 as being unpatentable over White in view of Mol and CH 702,539 (Schurter) . 6. The bullet catcher target apparatus of claim 5, wherein the collector tube includes a bullet stop located inside the elongated cylindrical tube behind one of the side plates and configured to stop momentum of the bullet as it travels around a curvature of the elongated cylindrical tube. Where it might be argued (or amended to further define the bullet stop) that White fails to provide the claimed bullet stop, examiner relies on Schurter . Schurter teaches a “backstop system for e.g. hunting weapons (at Title) and further provides a “bounce plate” (6) inside the “energy removal pipe”. See Skizze/Sketch/Figure 002. It would have been obvious before the effective filing date of the claimed invention to have provided such a bounce plate in the tube of White. This would have provide a predicable way to further diminish the velocity of a bullet . 07-21-aia AIA Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over White in view of US 2016/0003584 (Durynski) . 11. The bullet catcher target apparatus of claim 1, further comprising a transportation wheel assembly configured for removable attachment about the target enclosure to facilitate portability of the bullet catcher target apparatus. White does not teach a removable wheel assembly. Durynski however also teaches a bullet trap. The bullet trap of Durynski is portable (see Title). The wheel assembly is seen in FIG. 1 which includes a wheel assembly that is removably attached to facilitate portability. It would have been obvious before the effective filing date of the claimed invention to have provided a removable wheel attachment with that of White in order to facilitate portability. Doing so would have provided a predicable way to move the trap of White to different locations . 07-21-aia AIA Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over White in view of US 2013/0187336 (Dreiband) . 13. A bullet catcher target apparatus comprising: “A new Bullet Trap System for allowing a user to perform target practice with a gun without fear of the bullets straying and injuring another person or property” (White at Abstract). a. a target enclosure including a detachable front target wall, “target sheet 12 is securable to the enlarged end 22 for allowing a user to aim for” (White 3:44–45). That the sheet is “securable” to the front, enlarged end evidences that it is also detachable. a bottom plate opposite a top plate, and two opposing side plates, the plates being angled relative to the front target wall such that the target enclosure tapers toward a rear thereof, thereby causing a bullet shot through the front target wall to be funneled to the rear of the target enclosure; PNG media_image1.png 436 476 media_image1.png Greyscale PNG media_image2.png 314 500 media_image2.png Greyscale “The inventive device includes a funnel device having an enlarged end and a narrow end…The enlarged end receives the bullet from the gun whereafter the bullet engages a slanted wall of the funnel device thereby slowing the travel of the bullet. The bullet thereafter projects into the storage container through the narrow end” (White at Abstract). b. an elongated cylindrical tube attached at the rear of the target enclosure behind the front target wall, the elongated cylindrical tube including a top cap, a bottom cap, an opening through which the bullet is funneled, and PNG media_image4.png 340 345 media_image4.png Greyscale PNG media_image3.png 427 418 media_image3.png Greyscale “The bullet thereafter projects into the storage container through the narrow end where the user may empty upon filling with the bullets” (White at Abstract). an elongated bullet stop configured to stop momentum of the bullet as it travels around a curvature of the elongated cylindrical tube, The rear wall of the tube provides a “bullet stop” as it imparts at least some stopping force component on an incoming bullet. See also FIG 4. the elongated cylindrical tube configured to hold the bullet therein and the bottom cap being movable to enable removal of the bullet from the elongated cylindrical tube; See FIG 6 and the removable bottom cap allowing bullet removal. c. at least three telescopic legs removably attached about the target enclosure and including an inner leg and an outer leg, the at least three telescopic legs independently height adjustable and movable between at least a prone position, a kneeling position and one or more standing positions; and “A plurality of syncline legs 44 are secured to the lower end of the support rod 42 orthogonally for supporting the support rod 42 vertically” (White 4:7–9). “A support stand 40 secures the funnel device 20 for supporting the funnel device 20 at a desired elevation for shooting at with the gun” (White 3:46-48). White teaches a stand with fitted legs and describes a desire for supporting the device “at a desired elevation”. However, White does not explicitly describe telescoping legs for an adjustable height. Dreiband teaches a target trap assembly which includes telescoping legs for adjustment to accommodate various terrain features: “The support legs 80 each are made of an upper leg portion 80a, and a lower leg portion 80b that may be telescopingly received in the upper leg portion 80a. Leg height adjustment clamps 82 may be loosened to allow telescoping movement of the lower leg portion 80b into and out of the upper leg portion 80a to set the height of the support base 14. Tightening the leg height adjustment clamps 82 fixes the upper and lower leg portions 80a, 80b relative to one another. Alternative height adjustment devices, such as spring-loaded pins for engaging height adjustment holes (not shown) in the support legs 80, may be used. The height of each support leg 80 is individually and separately adjustable. Hence, when the assembly 10 is deployed on an uneven surface, such as a hill, the respective lengths of each support leg 80 may be adjusted to compensate for the topography of the uneven surface and thereby level the assembly 10” (Dreiband ¶ 0055). It would have been obvious before the effective filing date of the claimed invention to have provided at least three removably attached telescopic legs with that of White. Doing so would have provide a predictable way to offer height adjustment and individual leg adjustment which would have accommodated various terrain features as well as offered various poses/stances for the device. d. a pair of handles attached about the enclosure, the pair of handles facilitating portability of the bullet catcher target apparatus. Given the breadth of the claim term “handle”, just about any feature would qualify as a handle if it were capable of being used in “facilitating portability”. Any two such features including two threaded rods 36, two eyelets 39, two wing nuts 38 or a combination of any two would meet this claim language . 07-21-aia AIA Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over White in view of Dreiband and Mol . 14. The bullet catcher target apparatus of claim 13, wherein the front target wall is made of self-healing ballistic rubber. White does not teach a front target wall made of self-healing ballistic rubber. Mol teaches a “Bullet Trapping Apparatus” (at Title) which includes a bullet trapping chamber and a front wall. Mol teaches that the front wall is made from energy-absorbing rubber: “The front energy absorbing panel is preferably fabricated from a either a screen or a fabric layer laminated to a front of a rubber material” (Mol 1:53–55). It would have been obvious before the effective filing date of the claimed invention to have provided a front wall of White and Dreiband with an energy absorbing rubber material. Doing so would have provided a predicable way to further diminish the velocity of a bullet. One of ordinary skill would have recognized that any energy-absorbing rubber material would have provided at least some minimal degree of “self-healing” . 07-21-aia AIA Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over White in view of Dreiband and Durynski . 17. The bullet catcher target apparatus of claim 13, further comprising a transportation wheel assembly configured for removable attachment about the target enclosure to facilitate portability of the bullet catcher target apparatus. White does not teach a removable wheel assembly. Durynski however also teaches a bullet trap. The bullet trap of Durynski is portable (see Title). The wheel assembly is seen in FIG. 1 which includes a wheel assembly that is removably attached to facilitate portability. It would have been obvious before the effective filing date of the claimed invention to have provided a removable wheel attachment with that of White and Dreiband in order to facilitate portability. Doing so would have provided a predicable way to move the trap to different locations. Subject Matter Not Found in the Cited Art 12-151-08 AIA 07-43 12-51-08 Claim s 12, 15–16 and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claims 8 and 15 are not taught or suggested by the cited art. While adjustable legs are taught, there is no suggestion to provide the features of claims 8 and 15 such as: “at least three leg sockets attached toward a bottom end of the collector tube; and wherein the at least three legs are each configured for insertion into one of the at least three leg sockets…wherein the at least three leg sockets are configured to hold the at least three legs in the kneeling position and the one or more standing positions”. Claims 12 and 18 are not taught or suggested by the cited art. There is no suggestion to provide the features of claims 12 and 18 such as: “cleaning rod removably attached to the target enclosure and configured to aid in removal of compacted bullets from the collector tube”. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY D CARLSON whose telephone number is (571) 272-6716. The examiner can normally be reached Mon-Fri 7:30 am to 5:00 pm, off 1st Fri. 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, Michael Fuelling can be reached on (571) 270-1367. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JEFFREY D CARLSON/Primary Examiner, Art Unit 3992 Application/Control Number: 18/234,430 Page 2 Art Unit: 3992 Application/Control Number: 18/234,430 Page 3 Art Unit: 3992 Application/Control Number: 18/234,430 Page 4 Art Unit: 3992 Application/Control Number: 18/234,430 Page 5 Art Unit: 3992 Application/Control Number: 18/234,430 Page 6 Art Unit: 3992 Application/Control Number: 18/234,430 Page 7 Art Unit: 3992 Application/Control Number: 18/234,430 Page 8 Art Unit: 3992 Application/Control Number: 18/234,430 Page 9 Art Unit: 3992 Application/Control Number: 18/234,430 Page 10 Art Unit: 3992 Application/Control Number: 18/234,430 Page 11 Art Unit: 3992 Application/Control Number: 18/234,430 Page 12 Art Unit: 3992