DETAILED ACTION
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show several elements in the claim, but most notably, the structure in which “a firing line is made of a set of individual modules assembled into a single linear structure” as claimed. There are no drawings which show how individual modules are connected together. Similarly, “the line of targets…is configured as individual racks assembled into a single linear structure”, which also lacks any Drawing detail. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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. Claims 6 and 9 further contain claimed elements that lack any detail or support in the Drawings.
Claim Rejections - 35 USC § 112
Claims 1-12 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Numerous items in the claims are not clearly shown in the Drawings or the Specification, notably, “a firing line is made of a set of individual modules assembled into a single linear structure” as claimed. There are no drawings which show how individual modules are connected together. Similarly, “the line of targets…is configured as individual racks assembled into a single linear structure”, is not shown in any detail. Thus, the structure in the claims which states that the “firing line” and “line of targets” are assembled or configured to be assembled into a single linear structure is not support by the disclosure.
Claims 5, 6, and 9, contain claim terms which lack support in the Drawings or Spec, which clearly defines their structure and structural interconnection (see also Drawing objection): “external reserve lights”, “awning curtains”, “background banner grid”, and “protective partitions”.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-12 are additionally 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The claims appear to be rough translation and lack clarity throughout. The “frame” is mentioned in several elements, however how they define or comprised the “frame” is unclear e.g. “wherein the firing line…which is a dismountable modular structure comprising a frame” and a separate array of elements, the “line of targets…assembled into a single linear structure to form the frame” which is unclear at best.
Terms just as “with the center of gravity shifted downwards” does provide reasonable interpretation of a structure, and is unclear.
Terms do not agree which appear to be drawn to the same structure such as “electronic target” and “laser target”.
Further indefinite language includes “the shot video-recording system is configured to record an entire set of movements of a pentathlete performing a shooting series” is indefinite. It is unclear what structure or functionality of the “shot video-recording system” would function to “record an entire set of movements of a pentathlete performing a shooting series” (e.g. which movements are an “entire set”).
In respect to claim 3, it is unclear what structure constitutes “the firing is designed for at least two shooting places”.
In respect to claims 5, 6, and 9, they contain claim terms which lack support in the Drawings or Spec, which clearly defines their structure and structural interconnection (see also Drawing objection): “external reserve lights”, “awning curtains”, “background banner grid”, and “protective partitions”. Thus it is unclear what structure is being claimed.
This is not a complete or comprehensive list of 35 USC 112 issues. Compliance with 35 USC 112 is the responsibility of the applicant.
Allowable Subject Matter
Claims 1-12 may would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The extensive 35 USC 112 issues, particularly, the lack of proper description in the Drawings or Specification, of how either of the “firing line” or the “line of targets” are assembled into a “single linear structure”, or the ambiguity of the “frame” (alleged a component of/attached to both the “firing line” and “line of targets”}, along a litany of indefinite terms and language, make it difficult to accurately compare the application to prior art.
If amended to a clear and definite structure, particularly in the independent claim, a more accurate comparison could be made. None of the cited art appear to anticipate or render obvious all of the limitations claimed.
McBride et al. (US 2019/0063884), Iliev (US 10,048,046), Halverson (US 7,967,296), Simonetti (US 5,088,741), and Hierl (DE 20-2018-103584), disclose similar components to those claimed, as best can be construed.
An Olympic Modern Pentathlon, which includes the “laser-run” is a known event that has taken place, at least since the 2010 Summer Olympics (youth). Several aspects claimed are known. However, again, a clear and definite structure must be claimed for clear comparison to photos/accounts of these events.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE ROBERT GRABOWSKI whose telephone number is (571)270-3518. The examiner can normally be reached M-Th 8am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Troy, can be reached at 571-270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KYLE R GRABOWSKI/Primary Examiner, Art Unit 3637