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 .
Claim Objections
Claim 12 is objected to because of the following informalities: the phrase “tow opposite side members” in line 3 should read “two opposite side members.” Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 4, 5, 6, and 17 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.
Regarding claims 4, 5, 6, and 17, the claims appear to be directed solely toward the embodiment shown in Figures 1-9, subject matter which is mutually exclusive from the subject matter of claim 1. It is unclear how a body configured as a set of steps or a stepstool as shown in Figures 10A-10D could include a tubular chamber comprising a slidable cylinder and linkage member as required by claims 4, 5, 6, and 17. The specification does not describe an embodiment where both of these features are present, nor does it provide support for these features of each embodiment to be combined. Accordingly, a person having ordinary skill in the art would not recognize that Applicant had possession of the claimed invention at the time the application was filed.
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.
Claims 1-3, 7, 8, 12-16, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Saunders et al. (US 8608169 B2), herein referred to as Saunders.
Regarding claim 1, Saunders discloses a foldable roping target assembly (see fig 1), comprising: a body (15) including a central support portion configured as a set of steps (at 25, 17), wherein the body has an upper surface forming a topmost step (at 17) of the set of steps, the body further defining a storage space (formed between 19, 25, and 17) accessible through at least a front surface of the body (note that the storage space is accessible from all sides of the body); a head assembly (10, 20) comprising a head portion (10) and a rear attachment portion (20); and at least one linkage member (e.g., the respective base plate attachment mechanism or bushing described in col 5, lines 30-49) which is pivotally connected to the rear attachment portion of the head assembly to thereby allow the head assembly to be pivoted between an undeployed storage position within the storage space (see fig 3) and a deployed position on the front surface of the body (see fig 1).
Regarding claim 2, Saunders discloses the foldable roping target assembly of claim 1, wherein the body has an open bottom (see fig 5; bottom is open via 35) and an open front to allow access to the storage space (see fig 1; all sides are open to allow access to the storage space).
Regarding claim 3, Saunders discloses the foldable roping target assembly of claim 1, wherein the at least one linkage member pivotally connects the rear attachment portion of the head assembly to a corresponding structure disposed on the body in the storage space (see at least col 5, lines 30-49).
Regarding claim 7, Saunders discloses the foldable roping target assembly of claim 1, wherein the front surface of the body includes a seat in which the rear attachment portion of the head assembly resides when the head assembly is placed in the deployed position (see fig 3; seat is interpreted as the grooves within 17 where each 21 resides).
Regarding claim 8, Saunders discloses the foldable roping target assembly of claim 1, further comprising a securing assembly (55) configured to secure the head assembly in the deployed position.
Regarding claim 12, Saunders discloses a multi-use folding roping target assembly, comprising: a body configured as a stepstool, the body having a top member with an upper surface forming a topmost step of the stepstool, the body further having tow opposite side members extending downwards at opposite sides of the top member, the top member and opposite side members defining an opening in a front surface of the body allowing access to a storage space within the body; a head assembly comprising a head portion and a rear attachment portion; and at least one linkage member which is pivotally connected to the rear attachment portion of the head assembly to thereby allow the head assembly to be pivoted between an undeployed storage position within the storage space and a deployed position on the front surface of the body adjacent to the top member (see rejection of claim 1 and figs 1 & 2 for the two opposite side members).
Claim 13 is rejected as applied to claim 2 above.
Regarding claim 14, Saunders discloses the multi-use folding roping target assembly of claim 12, wherein the opposite side members extend rearward from the front surface of the body and define support for additional steps (see figs 1 & 2).
Claim 15 is rejected as applied to claim 3 above.
Claim 16 is rejected as applied to claim 7 above.
Claim 18 is rejected as applied to claim 8 above.
Claim Rejections - 35 USC § 103
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 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Saunders et al. (US 8608169 B2), herein referred to as Saunders, in view of Parissier (FR 2706027 A1).
Regarding claim 9, Saunders discloses the foldable roping target assembly of claim 1, but does not disclose wherein the head portion of the head assembly is configured to resemble the head of an animal that is used in competitive rodeo events.
Parissier, however, teaches that it is known in the art of target assemblies to configure targets to resemble a variety of animals, including an animal used in competitive rodeo events (fig 5). The purpose for including a target to resemble a particular animal is to provide interest and motivation to the user. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the target disclosed by Saunders to be configured to resemble the head of an animal that is used in competitive rodeo events as taught by Parissier in order to provide visual interest and motivation to the user.
Claim 19 is rejected as applied to claim 9 above.
Claims 10, 11, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Saunders et al. (US 8608169 B2), herein referred to as Saunders, in view of Brackens (US 20090014960 A1).
Regarding claim 10, Saunders discloses the foldable roping target assembly of claim 1, but does not disclose at least one removable horn member attached to the head portion of the head assembly.
Brackens, however, teaches it is known in the art of target assemblies to include a removable horn member attached to the head portion of a target assembly (see paragraph 0021). The purpose for including the removable horn member is to provide variety in the length of the horns which will allow for variances in skill level (see paragraph 0021). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the target assembly disclosed by Saunders with a removable horn as taught by Brackens in order to provide variety in the length of horns which will allow for variances in skill level of a user of the target assembly.
Regarding claim 11, Saunders discloses the foldable roping target assembly of claim 1, but does not disclose at least one lighting assembly disposed in the head assembly for illuminating a portion thereof to designate a target for a user.
Brackens, however, teaches it is known in the art of target assemblies to include a lighting assembly disposed in the target assembly for illuminating a portion thereof to designate a target for a user (see paragraphs 0018 and 0024). The purpose for including the lighting assembly is to allow for users to see the target assembly in all lighting conditions (see paragraphs 0017 and 0024). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the target assembly disclosed by Saunders with a lighting assembly as taught by Brackens in order to allow for users to see the target assembly in all lighting conditions.
Claim 20 is rejected as applied to claim 10 above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The examiner notes that the prior art cited on PTO-892 but not relied upon for this rejection discloses target assemblies relevant in scope and structure to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christine M Mills whose telephone number is (571) 272-8322. The examiner can normally be reached from Monday - Thursday, 7:30 - 5:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joe Thomas, can be reached on (571) 272-8004. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/CHRISTINE M MILLS/Supervisory Patent Examiner, Art Unit 3675