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 .
Election/Restrictions
Claim 20 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/28/2025.
Status of Claims
In an amendment filed 10/28/2025, Applicant amended claims 18 and 20. This amendment is acknowledged. Claims 1-20 are pending with claim 20 being withdrawn from consideration as elected. Claims 1-19 are currently being examined.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 1/5/2024 and 5/13/2024 were filed before the mailing date of the first office action on the merits. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the housing being oblong or crescent shaped (claims 16-17) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
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.
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.
Claim 4 is 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 4 recites the limitation “the drag mechanism” in line 1-2. There is insufficient antecedent basis for this limitation in the claim.
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 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.
Claims 1-9, 11, 14, and 18-19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Dalton US Pub. No. 2024/0159501.
Dalton teaches:
In Reference to Claim 1
A sight for a projectile launcher (sight 100 for an archery bow/projectile launcher, different embodiments are shown in Fig. 1-4b, notably sight 300 of 3a-d is most similar to the claims, [0049]-[0053]) comprising:
a housing having an upper portion (upper portion near 302c, Fig. 3a-d), a lower portion (lower portion near 322a, Fig. 3a-d), a front end and a back end (forward target facings end/surface and rear shooter facing end/surface), and defining an interior space therein (interior space 312, Fig. 3a-d), the lower portion including an open bottom extending between the front end and the back end (open bottom end between lower portions 322a/324a, Fig. 3a-d);
at least one sight pin having a tip arranged within the interior space of the housing (sight pin having a tip 304 within the interior space 312, Fig. 3a-d); and
a connecting structure positioned on a first side of the housing, the connecting structure configured to adjustably attach the sight to the projectile launcher (adjustable mount 308 attaches to a side 302b of the housing via fasteners, Fig. 3a-d, to adjustably connect the sight to the projectile launcher/archery bow, [0049]).
In Reference to Claim 2
The sight of claim 1, wherein the open bottom is configured to allow the passage of an arrow from the front end through the back end of the housing forming a shooting dimension along which the arrow can be positioned within the interior space (an arrow 326 is capable of passing through the bottom passage between 322a/324a into the interior space of the sight and move along a shooting direction/axis which passes through the housing from the back end through the front end, Fig. 3a-d).
In Reference to Claim 3
The sight of claim 2, wherein the interior space extends about the shooting dimension (a shooting axis/dimension may formed through the interior space along the arrow shown in shadow, ex. Fig. 3d, wherein interior space extends about the centralized shooting axis/dimension that an arrow may pass through).
In Reference to Claim 4
The sight of claim 2, wherein the interior space is sized to enable the drag mechanism of an arrow to pass through it (an arrow fletching 328 may pass through the interior space 312, Fig. 3d).
In Reference to Claim 5
The sight of claim 1, wherein the interior space is configured to provide clearance for an arrow (an arrow 326 is capable of clearance in passing through at least part of the interior space from any point from the bottom passage between 322a/324a into further into the interior space of the sight during firing along a shooting direction/axis which passes through the housing from the back end through the front end, Fig. 3a-d).
In Reference to Claim 6
The sight of claim 1, wherein the at least one sight pin extends from the upper portion of the housing toward the lower portion of the housing and terminates at a free end situated in the interior space (at least one sight pin 304 extends from the upper portion of the housing near 302c and with a free end sight point extending into the interior space 312, Fig. 3a-d, [0049]-[0053]).
In Reference to Claim 7
The sight of claim 1, wherein the at least one sight pin is positioned at an intermediate distance between the front end and the back end of the housing (sight pin 304 is adjustably positioned between the front and rear surfaces/ends of the housing, Fig. 3a-d, [0049]-[0053]).
In Reference to Claim 8
The sight of claim 1, wherein the housing is a substantially tubular shape extending between the front end and the back end of the housing (Fig. 3a-d shows a substantially round tubular shape from the front to the rear surface (circular pipe with central passage)).
In Reference to Claim 9
The sight of claim 1, wherein the housing is a sunshade (the housing 302 would at least partially act as a sunshade in that the solid portions of the sight housing would block light from entering the interior space).
In Reference to Claim 11
The sight of claim 1, where in the sight further comprises a level attached to the upper portion of the housing (level 306 may be positioned at the top of the housing 302, Fig. 3a-d, [0049], [0052]).
In Reference to Claim 14
The sight of claim 1, wherein the at least one sight pin is a fiber optic pin (sight pin 304 may include a fiber optic pin, [0052]).
In Reference to Claim 18
A projectile launcher (sight for an archery bow projectile launcher having a riser and bowstring, Fig. 1-4d, notably Fig. 3a-d, [0033]-[0034]) comprising:
a frame structure configured for attachment to a string; and
an aiming structure including a mounting structure and an archery sight configured for attachment to the mounting structure, the mounting structure configured for attachment to the frame structure (sight 100 for an archery bow/projectile launcher, different embodiments are shown in Fig. 1-4b, notably sight 300 of 3a-d is most similar to the claims, [0049]-[0053], each sight attached to a mounting structure which attaches to a bow riser (frame) ([0033], [0049]) which inherently has a bowstring ([0034]) as all bows include a string and frame/riser in the art), the archery sight comprising:
a housing having an upper portion (upper portion near 302c, Fig. 3a-d), a lower portion (lower portion near 322a, Fig. 3a-d), a front end, and a back end (forward target facings end/surface and rear shooter facing end/surface), and defining an interior space therein (interior space 312, Fig. 3a-d), the lower portion including an open bottom extending between the front end and the back end (open bottom end between lower portions 322a/324a, Fig. 3a-d);
at least one sight pin having a tip arranged within the interior space of the housing (sight pin having a tip 304 within the interior space 312, Fig. 3a-d); and
a connecting structure positioned on a first side of the housing, the connecting structure configured to adjustably attach the archery sight to the mounting structure (adjustable mount 308 adjustably attaches to a side 302b of the housing via fasteners, Fig. 3a-d, to adjustably connect the sight to the mounting system and to the riser of the archery bow, [0049]).
In Reference to Claim 19
The projectile launcher of claim 18, wherein the open bottom is configured to allow the passage of an arrow from the front end through the back end of the housing forming a shooting dimension along which the arrow can be positioned within the interior space (an arrow 326 is capable of passing through the bottom passage between 322a/324a into the interior space of the sight and move along a shooting direction/axis which passes through the housing from the back end through the front end, Fig. 3a-d).
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.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Dalton as applied to claim 1 above, and further in view of LoRocco US Pat. No. 7,574,810.
In Reference to Claim 10
Dalton teaches:
The sight of claim 1 as rejected above.
Dalton fails to teach:
Wherein the sight further comprises a mirror attached to the housing.
Further, LoRocco teaches:
A similar archery bow sight, wherein the housing includes an attached mirror (89/158, Fig. 2, 6, 9-11, Col. 6 lines 33-54).
It would have been obvious to one having ordinary skill in the art to have modified the invention of Dalton to have formed the housing with an attached mirror component in order to form a bright reflective surface for aiming of the bow as is known in the art as taught by LoRocco (Col. 6 lines 33-54).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Dalton as applied to claim 1 above, and further in view of Schmitz US Pat. No. 7,594,335.
In Reference to Claim 12
Dalton teaches:
The sight of claim 1 as rejected above.
Dalton fails to teach:
Wherein the sight further comprises a second connecting structure positioned on a second side of the housing, the second connecting structure configured to connect the sight to the projectile launcher.
Further, Schmitz teaches:
A similar archery bow sight, wherein the housing may be mounted using the first side or the second side to the mounting system and bow riser to allow the use of left-handed and right-handed bows (sight 10 mountable to the bow via bracket 14 to the riser, Fig. 1-15, where Fig. 14 shows the mounting capability of left and right side mounting).
It would have been obvious to one having ordinary skill in the art to have modified the invention of Dalton to have modified the sight housing to have been mountable on both sides to allow the user for both left handed and right handed users and bows as is common and known in the art as taught by Schmitz (Col. 9 lines 1-19, Col. 11 lines 19-30).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Dalton as applied to claim 1 above, and further in view of Johnson US Pat. No. 8,356,416.
In Reference to Claim 13
Dalton teaches:
The sight of claim 1 as rejected above.
Dalton fails to teach:
Wherein the at least one sight pin is illuminated.
Further, Johnson teaches:
A similar archery bow sight, wherein the sight includes an illuminated sight pin (illuminated sight pins 250, Fig. 3-5c, Col. 1 lines 7-10, Col. 3 lines 30-41).
It would have been obvious to one having ordinary skill in the art to have modified the invention of Dalton to have formed the fiber optic sight pin as illuminated as this is standard and known in the art to provide a brighter aiming point to the user as taught by Johnson (Col. 1 lines 7-55, Col. 3 lines 30-41).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Dalton as applied to claim 1 above, and further in view of Springer US Pat. No. 6,508,005.
In Reference to Claim 15
Dalton teaches:
The sight of claim 1 as rejected above.
Dalton fails to teach:
Wherein the front end of the housing is brightly colored.
Further, Springer teaches:
A similar archery bow sight, wherein the housing is brightly colored (housing 40, Fig. 1, 9-10, may be brightly colored, ex. bright orange, Col. 3 lines 19-29).
It would have been obvious to one having ordinary skill in the art to have modified the invention of Dalton to have formed the housing with a bright color in order to allow an archer to distinguish the housing from the target and background to form a distinct sight picture during use as is known in the art as taught by Springer (Col. 3 lines 19-29).
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Dalton as applied to claim 1 above.
In Reference to Claims 16-17
The sight of claim 1, wherein the housing is oblong shaped or crescent shaped (the housing 302 of Fig. 3a-d is approximately crescent shaped (rounded with an open portion forming a partial moon-like shape) while the housings of Fig. 2 and Fig. 4 are approximately oblong shaped (wider than tall in shape)).
Though Dalton may not explicitly teach the sight housing having the exact claimed shapes, it would have been obvious to one having ordinary skill in the art to have modified the exact shape of the housing as Dalton teaches that different shaped housings may be used, including ones that could be broadly considered oblong or crescent shaped (X). Further, 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)) and it has been held that the configuration of a claimed product is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration is significant (In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)). In this case, the claimed shapes are approximately shown and different housing shapes are taught by the prior art (therefore making it an obvious modification), and the exact shape is merely a matter of obvious design choice which would be obvious to one of ordinary skill in the art.
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, Sileo (2,814,284), Fredrickson (2,909,167, 3,406,675), Little (4,587,945), Haggard (5,413,084), Ross (2014/0261354), teach similar sights for bows.
Conclusion
If the applicant or applicant’s representation has any questions or concerns regarding this office action or the application they are welcome to contact the examiner at the phone number listed below and schedule and interview to discuss the outstanding issues and possible amendments to expedite prosecution of this application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER R NICONOVICH whose telephone number is (571)270-7419. The examiner can normally be reached Mon - Fri 8-6 MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas Weiss can be reached at (571) 270-1775. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDER R NICONOVICH/Primary Examiner, Art Unit 3711