DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
As per the submission to the Office filed on 10/10/2025 the following represents the changes from the previous claims: Claims 1-28 were amended. Claims 1-32 are presented for examination.
Claim Objections
Claim 20 is objected to because of the following informalities:
For claim 20, the limitation “protion” should read –portion--.
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.
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 22 and 24 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
For claims 22 and 24, line 3, it is unclear how “the target tether” can exit the anchor recess when it has been stated that a target receiver with a slot receives the target tether and releases the target tether upon a throwing motion from the handle. For examination purposes, the examiner will interpret “the target tether” as an anchor, as the anchor occupies the anchor recess as depicted in the drawings.
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 1-32 are rejected under 35 U.S.C. 103 as being unpatentable over Jirotka (US 0922432 A) in view of Matsumoto (US 7677994 B2).
Regarding claim 1, Jirotka as modified by Matsumoto teaches a canine retrieving training system (page 2 lines 12-15 as the user can train a canine to retrieve the target when the user throws the target) comprising: a canine retrieving target (fig. 1) comprising a target body (c and e) and a target tether (g and h), the target tether being connected to the target body (figs. 1-2), the target tether including an anchor (h); a target thrower (a and b as page 2, lines 17-18 and fig. 2 depicts the throwing stick) comprising a handle (a) and a throwing head (b) supported by the handle, the throwing head including a tether receiver (q), the tether receiver being sized and shaped to receive the target tether (fig. 2 and page 2, lines 31-34) and configured to release the target tether when the handle is moved in a throwing motion (page 2, lines 12-15 and 36-40), the tether receiver having an anchor holder (the front portion of the arms that face the anchor in fig. 2) sized an shaped to receive the anchor of the target tether when the target tether is received by the target receiver (fig. 2 as the anchor holder can receive the anchor when the arms are in a horizontal plane).
Jirotka is silent about an anchor recess.
Matsumoto teaches an anchor recess (155 160).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the tether receiver of Jirotka to have an anchor recess as taught by Matsumoto in order to hold the anchor in place in an upright position (fig. 3A and Col. 3, lines 16-20 of Matsumoto).
Regarding claim 2, Jirotka as modified by Matsumoto teaches the canine retrieving training system as set forth in claim 1, wherein the tether receiver comprises a first arm (see examiner’s illustration of fig. 2) and a second arm (see examiner’s illustration of fig. 2) defining a slot (see examiner’s illustration of fig. 2) therebetween sized and shaped for receiving the target tether therein (fig. 2).
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Regarding claim 3, Jirotka as modified by Matsumoto teaches the canine retrieving training system as set forth in claim 2, and Jirotka further teaches wherein the handle comprises an elongate shaft (a in fig. 2) comprising a proximal portion (proximal portion of a), a distal portion (distal portion of a), and a longitudinal axis (longitudinal axis of a) extending therebetween (fig. 2), the throwing head being connected to the distal portion (fig. 2), the first and second arms extending distally with respect to the shaft (fig. 2).
Regarding claim 4, Jirotka as modified by Matsumoto teaches the canine retrieving training system as set forth in claim 2, Jirotka as modified by Matsumoto further teaches wherein the target tether comprises a tie portion (g of Jirotka) sized to be receivable in the slot (fig. 2 of Jirotka), the anchor recess (155 160 of Matsumoto) being in front of the slot (fig. 2 of Jirotka), the first and second arms at least partially defining the anchor recess (fig. 2 of Jirotka and fig. 3B of Matsumoto), the slot being arranged to receive the tie portion (fig. 2 of Jirotka) when the anchor is in the anchor recess (fig. 2 of Jirotka and fig. 3B of Matsumoto).
Regarding claim 5, Jirotka as modified by Matsumoto teaches the canine retrieving training system as set forth in claim 4, and Jirotka as modified by Matsumoto further teaches wherein the anchor (h of Jirotka) and the anchor recess (155 and 160 of Matsumoto) are sized and shaped to permit pivoting of the anchor in the anchor recess (the combination of Jirotka and Matsumoto is capable of teaching the anchor to pivot in the anchor recess as the as the anchor (h) of Jirotka will pivot when the target body (c and e) of Jirotka is thrown (page 2, lines 12-15 of Jirotka)) as the tie portion (g of Jirotka) moves in the slot (fig. 2 and page 2, lines 32-34 of Jirotka).
Regarding claim 6, Jirotka as modified by Matsumoto teaches the canine retrieving training system as set forth in claim 4, Jirotka as modified by Matsumoto further teaches wherein the target tether (g and h of Jirotka) and the throwing head (b of Jirotka) are configured to permit pivoting of the anchor relative to the anchor recess, while the anchor is in the anchor recess, responsive to movement of the handle in the throwing motion (the combination of Jirotka as modified by Matsumoto is capable of teaching the tether and throwing head to permit pivoting of the anchor of Jirotka relative to Matsumoto anchor recess as the anchor of Jirotka will pivot within the anchor recess of Matsumoto when the target body (c and e) of Jirotka is thrown (page 2, lines 12-15 of Jirotka) and causes the anchor (h) of Jirotka to pivot relative to the anchor recess of Matsumoto when the user moves the handle in the throwing motion (page 2, lines 36-40 of Jirotka)).
Regarding claim 7, Jirotka as modified by Matsumoto teaches the canine retrieving training system as set forth in claim 6, and Jirotka as modified by Matsumoto further teaches wherein the anchor (h of Jirotka) has a convex arcuate outer surface portion (figs. 1-2 of Jirotka) and the first arm (120 of Matsumoto) comprises a first concave arcuate surface portion (155 and Col. 3, lines 44-49 of Matsumoto) at least partially defining the anchor recess (figs. 1A and 3B of Matsumoto), the first concave arcuate surface portion being configured to permit sliding of the convex arcuate outer surface portion on the first concave arcuate surface portion to permit said pivoting of the anchor relative to the anchor recess (the combination of Jirotka as modified by Matsumoto is capable of having the first concave arcuate surface portion permit sliding of the convex arcuate outer surface portion on the first concave arcuate surface portion to permit said pivoting of the anchor relative to the anchor recess when the user manipulates the handle to throw the target body (c and e of Jirotka) over the throwing head (b of Jirotka)).
Regarding claim 8, Jirotka as modified by Matsumoto teaches the canine retrieving training system as set forth in claim 7, and Jirotka as modified by Matsumoto further teaches wherein the second arm (125 of Matsumoto) comprises a second concave arcuate surface portion (160 of Matsumoto) at least partially defining the anchor recess (figs. 1A and 3B of Matsumoto), the second concave arcuate surface portion being configured to permit sliding of the convex arcuate outer surface portion on the second concave arcuate surface portion to permit said pivoting of the anchor relative to the anchor recess (the combination of Jirotka as modified by Matsumoto is capable of having the second concave arcuate surface portion permit sliding of the convex arcuate outer surface portion on the second concave arcuate surface portion to permit said pivoting of the anchor relative to the anchor recess when the user manipulates the handle to throw the target body (c and e of Jirotka) over the throwing head (b of Jirotka)).
Regarding claim 9, Jirotka as modified by Matsumoto teaches the canine retrieving training system as set forth in claim 4, Jirotka as modified by Matsumoto further teaches wherein the throwing head (b of Jirotka) comprises a first exit ramp (see examiner’s illustration of fig. 3B of Matsumoto) configured to promote the anchor to exit the anchor recess responsive to movement of the handle in the throwing motion (Jirotka as modified by Matsumoto is capable of having the first exit ramp of Matsumoto to promote the anchor (h of Jirotka) to exit the anchor recess (155 160 of Matsumoto) responsive to movement of the handle in the throwing motion (page 2, lines 36-40 of Jirotka) as Matsumoto first exit ramp is curved and facing outward, which will allow for the anchor to exit the anchor recess).
Regarding claim 10, Jirotka as modified by Matsumoto teaches the canine retrieving training system as set forth in claim 9, and Jirotka as modified by Matsumoto further teaches wherein the throwing head includes a connector (see examiner’s illustration of fig. 2 of Jirotka) connecting the throwing head to the handle (see examiner’s illustration of fig. 2 of Jirotka), the first arm extending distally away from the connector (see examiner’s illustration of fig. 2 of Jirotka), the first exit ramp being located on the first arm (see examiner’s illustration of fig. 3B of Matsumoto above) and spaced distally from the connector (see examiner’s illustration of fig. 2 of Jirotka as the combination of Jirotka and Matsumoto will have the first exit ramp being located on the first arm spaced distally from the connector).
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Regarding claim 11, Jirotka as modified by Matsumoto teaches the canine retrieving training system as set forth in claim 10, Jirotka as modified by Matsumoto further teaches wherein the throwing head comprises a second exit ramp (see examiner’s illustration of fig. 3B of Matsumoto above) configured to promote the anchor to exit the anchor recess responsive to movement of the handle in the throwing motion (Jirotka as modified by Matsumoto is capable of having the second exit ramp of Matsumoto to promote the anchor (h of Jirotka) to exit the anchor recess (155 160 of Matsumoto) responsive to movement of the handle in the throwing motion (page 2, lines 36-40 of Jirotka) as Matsumoto second exit ramp is curved and facing outward, which will allow for the anchor to exit the anchor recess), the second exit ramp being located on the second arm and spaced distally from the connector (see examiner’s illustration of fig. 2 of Jirotka above as the combination of Jirotka and Matsumoto will have the second exit ramp being located on the second arm spaced distally from the connector).
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Regarding claim 12, Jirotka as modified by Matsumoto teaches the canine retrieving training system as set forth in claim 4, and Matsumoto further teaches wherein the first and second arms comprise respective first (see examiner’s illustration of fig. 2) and second fingers (see examiner’s illustration of fig. 2) protruding forward (see examiner’s illustration of fig. 2).
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Regarding claim 13, Jirotka as modified by Matsumoto teaches the canine retrieving training system as set forth in claim 2, and Jirotka further teaches wherein the first arm defines a first tether guide ramp (see examiner’s illustration of fig. 2) and the second arm defines a second tether guide ramp (see examiner’s illustration of fig. 2), the first and second tether guide ramps defining a mouth (see examiner’s illustration of fig. 2) configured to guide the tether into the slot (Jirotka is capable of having the mouth guide the tether into the slot as shown in fig. 2).
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Regarding claim 14, Jirotka as modified by Matsumoto teaches the canine retrieving training system as set forth in claim 13, and Jirotka further teaches wherein the first and second tether guide ramps taper toward each other as the first and second tether guide ramps extend toward the slot (see examiner’s illustration of fig. 2 above).
Regarding claim 15, Jirotka as modified by Matsumoto teaches the canine retrieving training system as set forth in claim 4, and Jirotka as modified by Matsumoto further teaches wherein the handle comprises an elongate shaft (a in fig. 2 of Jirotka) comprising a proximal portion (proximal portion of a of Jirotka), a distal portion (distal portion of a of Jirotka), and a longitudinal axis (longitudinal axis of a of Jirotka) extending therebetween (fig. 2 of Jirotka), the throwing head being connected to the distal portion (fig. 2 of Jirotka), the anchor and anchor recess being configured such that when the anchor is received in the anchor recess the anchor is intersected by the longitudinal axis of the shaft (Jirotka as modified by Matsumoto is capable of teaching when the anchor is received in the anchor recess the anchor is intersected by the longitudinal axis of the shaft as shown in fig. 2 of Jirotka and fig. 1A of Matsumoto).
Regarding claim 16, Jirotka teaches a canine retrieving target thrower (page 2 lines 12-15 as the user can train a canine to retrieve the target when the user throws the target) for throwing a canine retrieving target (fig. 1) including a target body (c and e) and a target tether (g and h), comprising: a handle (a); and a throwing head (b) supported by the handle (fig. 2), the throwing head including a tether receiver (q) comprising a first arm (see examiner’s illustration of fig. 2) and a second arm (see examiner’s illustration of fig. 2) defining a slot (see examiner’s illustration of fig. 2) therebetween for reception of the target tether (fig. 2), the tether receiver being configured to release the target tether from the slot when the handle is moved in a throwing motion (page 2, lines 12-15 and 36-40), the first arm including a first surface portion (surface portion of first arm in examiner illustration of fig. 2) and the second arm including a second surface portion (surface portion of second arm in examiner illustration of fig. 2), the first and second surface portions arranged to contact the target tether (fig. 2, as the first and second surface portions are arranged to contact the target tether based on how the user manipulates the handle).
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However, Jirotka is silent about a first arcuate surface portion and a second arcuate surface portion.
Matsumoto teaches a first arcuate surface portion (155 and Col. 3, lines 44-49) and a second arcuate surface portion (160).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the first and second surface portions of Jirotka to have arcuate surfaces as taught by Matsumoto in order to hold the anchor in place in an upright position (fig. 3A and Col. 3, lines 16-20 of Matsumoto).
Regarding claim 17, Jirotka as modified by Matsumoto teaches the canine retrieving target thrower as set forth in claim 16, and Jirotka further teaches wherein the handle comprises an elongate shaft (a in fig. 2) comprising a proximal portion (proximal portion of a), a distal portion (distal portion of a), and a longitudinal axis (longitudinal axis of a) extending therebetween (fig. 2), the throwing head being connected to the distal portion (fig. 2), the first and second arms extending distally with respect to the shaft (fig. 2).
Regarding claim 18, Jirotka as modified by Matsumoto teaches the canine retrieving target thrower as set forth in claim 17, and Jirotka further teaches wherein the first and second arms at least partially define an anchor holder (the front portion of the arms that face the anchor in fig. 2) in front of the slot (fig. 2), the anchor holder being wider than the slot (fig. 2).
Jirotka as modified by Matsumoto is silent about the arms at least partially defining an anchor recess in front of the slot.
Matsumoto teaches the arms (120 125) at least partially defining an anchor recess (155 160) in front of the slot (slot between 120 and 125 in fig. 3B).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the arms of Jirotka as modified by Matsumoto to at least partially define an anchor recess in front of the slot as taught by Matsumoto in order to hold the anchor in place and still allow for the anchor to move in a smoother motion as it is thrown (fig. 3A and Col. 3, lines 16-20 of Matsumoto).
Regarding claim 19, Jirotka as modified by Matsumoto teaches the canine retrieving target thrower as set forth in claim 18, and Jirotka as modified by Matsumoto further teaches wherein the first arcuate surface portion comprises a first concave arcuate surface portion (155 and Col. 3, lines 44-49 of Matsumoto) at least partially defining the anchor recess (figs. 1A and 3B of Matsumoto).
Regarding claim 20, Jirotka as modified by Matsumoto teaches the canine retrieving target thrower as set forth in claim 19, and Jirotka as modified by Matsumoto further teaches wherein the second arcuate surface portion comprises a second concave arcuate surface portion (160 of Matsumoto) at least partially defining the anchor recess (figs. 1A and 3B of Matsumoto).
Regarding claim 21, Jirotka as modified by Matsumoto teaches the canine retrieving target thrower as set forth in claim 20, and Matsumoto further teaches wherein the anchor recess is semi-spherical (figs. 1-3B and Col. 3, lines 44-49).
Regarding claim 22, Jirotka as modified by Matsumoto teaches the canine retrieving target thrower as set forth in claim 18, Jirotka as modified by Matsumoto further teaches wherein the throwing head comprises a first exit ramp (see examiner’s illustration of fig. 3B of Matsumoto above) configured to promote exit of the target tether (see 112b above as the examiner will interpret the target tether as the anchor (h) of Jirotka) from the anchor recess responsive to movement of the handle in the throwing motion (the combination of Jirotka as modified by Matsumoto is capable of teaching the first exit ramp to promote exit of the anchor of Jirotka from the anchor recess of Matsumoto when the user moves the handle in the throwing motion (page 2, lines 36-40 of Jirotka)).
Regarding claim 23, Jirotka as modified by Matsumoto teaches the canine retrieving target thrower as set forth in claim 22, and Jirotka as modified by Matsumoto further teaches wherein the throwing head includes a connector (see examiner’s illustration of fig. 2 of Jirotka above) connecting the throwing head to the handle (see examiner’s illustration of fig. 2 of Jirotka above), the first arm extending distally away from the connector (see examiner’s illustration of fig. 2 of Jirotka above), the first exit ramp being located on the first arm (see examiner’s illustration of fig. 3B of Matsumoto above) and spaced distally from the connector.
Regarding claim 24, Jirotka as modified by Matsumoto teaches the canine retrieving target thrower as set forth in claim 23, and Jirotka as modified by Matsumoto further teaches wherein the throwing head comprises a second exit ramp configured to promote the target tether (see 112b above) to exit the anchor recess responsive to movement of the handle in the throwing motion, the second exit ramp being located on the second arm and spaced distally from the connector (see examiner’s illustration of fig. 2 of Jirotka above as the combination of Jirotka and Matsumoto will have the first exit ramp being located on the first arm spaced distally from the connector).
Regarding claim 25, Jirotka as modified by Matsumoto teaches the canine retrieving target thrower as set forth in claim 18, and Matsumoto further teaches wherein the first and second arms comprise respective first (see examiner’s illustration of fig. 2 above) and second fingers (see examiner’s illustration of fig. 2 above) protruding forward (see examiner’s illustration of fig. 2 above).
Regarding claim 26, Jirotka as modified by Matsumoto teaches the canine retrieving target thrower as set forth in claim 16, and Jirotka further teaches wherein the first arm defines a first tether guide ramp (see examiner’s illustration of fig. 2 above) and the second arm defines a second tether guide ramp (see examiner’s illustration of fig. 2 above), the first and second tether guide ramps defining a mouth (see examiner’s illustration of fig. 2 above) configured to guide the target tether into the slot (Jirotka is capable of having the mouth guide the target tether into the slot as shown in fig. 2).
Regarding claim 27, Jirotka as modified by Matsumoto teaches the canine retrieving target thrower as set forth in claim 26, wherein the first and second tether guide ramps taper toward each other as the first and second tether guide ramps extend toward the slot (see examiner’s illustration of fig. 2 above).
Regarding claim 28, Jirotka teaches a method of throwing a retrieving target (c and e), the method comprising: connecting a tether (g) of the retrieving target to a thrower (a and b as page 2, lines 17-18 and fig. 2 depicts the throwing stick), said connecting including a head (b) of the thrower receiving an anchor (h) of the tether (fig. 2); and moving the thrower in a throwing motion (page 2, lines 12-15 and 36-40); wherein moving the thrower in the throwing motion comprises: changing an angle of the tether with respect to a shaft (a in fig. 2) of the thrower while the retrieving target is connected to the thrower (page 2, lines 12-15 and 36-40 as the angle of the tether will change as it is moving), said changing comprises pivoting the anchor of the tether relative to the head of the thrower while the anchor of the tether is received by the head of the thrower (as the anchor will pivot relative to the head of the thrower while the anchor of the tether is received by the head of the thrower when the user moves the handle in the throwing motion fig. 2 and page 2, lines 12-15 and 36-40); and releasing the tether from the thrower (page 2, lines 12-15 and 36-40).
However, Jirotka is silent about a canine retrieving target.
Matsumoto teaches a canine retrieving target (fig. 1A and Col. 1, line 19).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the retrieving target of Jirotka to be a canine retrieving target as taught by Matsumoto in order for the user strengthen their bond with their dog and ensure the dog receives proper exercise (Col. 1, lines 19-23 of Matsumoto).
Regarding claim 29, Jirotka as modified by Matsumoto teaches the method of claim 28, and Jirotka further teaches wherein said pivoting comprises the anchor pivoting within an anchor holder (the front portion of the arms that face the anchor in fig. 2) of the head before moving out of the anchor holder (fig. 2 and page 2, lines 12-15 and 36-40 as the anchor will picot within the anchor holder as the target is being thrown).
However, Jirotka as modified by Matsumoto is silent about an anchor recess.
Matsumoto teaches an anchor recess (155 160).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Jirotka as modified by Matsumoto to have an anchor recess as taught by Matsumoto in order to hold the anchor in place in an upright position (fig. 3A and Col. 3, lines 16-20 of Matsumoto).
Regarding claim 30, Jirotka as modified by Matsumoto teaches the method of claim 28, and Jirotka further teaches wherein said pivoting comprises the anchor pivoting about an axis of rotation that extends through the anchor (page 2, lines 12-15 and 36-40 as the anchor will pivot about an axis of rotation that extends through the anchor as the user throws the target).
Regarding claim 31, Jirotka as modified by Matsumoto teaches the method of claim 28, and Jirotka further teaches wherein said pivoting comprises the anchor pivoting in place relative to the head (fig. 2 and page 2, lines 12-15 and 36-40 as the anchor will pivot in place relative to the head when the user moves the handle in the throwing motion).
Regarding claim 32, Jirotka as modified by Matsumoto teaches the canine retrieving training system as set forth in claim 1, and Jirotka as modified by Matsumoto further teaches wherein the anchor (h of Jirotka) and the anchor recess (155 160 of Matsumoto) are configured to form a ball and socket connection when the anchor recess receives the anchor (the combination of Jirotka and Matsumoto will form a ball and socket connection when the anchor recess receives the anchor, fig. 2 of Jirotka and figs. 3a-3b of Matsumoto).
Response to Arguments
Applicant’s arguments filed on 10/10/2025 have been fully considered but they are not persuasive.
Applicant argues “Applicant submits the Office is taking improper narrow view of what the "target tether" is. It appears the Office is interpreting "target tether" as just the cord 20, but this is contrary to the claims and the specification. The claims of the present application make clear the cord 20 (broadly, tie portion) and the anchor 22 are elements of the target tether 16. For example, claim 4 recites "the target tether comprises a tie portion and an anchor." This is supported by the specification which explains "the tether 16 includes a cord 20 (broadly, tie portion) and an anchor 22."Specification as Filed: [0027] (emphasis added).
With a proper understanding that the "target tether" includes the anchor
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22, it becomes clear how the target tether 16 can exit the anchor recess. The anchor 22, which is part of the target tether 16, is received in the anchor recess and exits the anchor recess when the target 10 is thrown. Specification as Filed: [0031] ("an anchor recess 46 in front of the slot 42 that is sized and shaped to receive the anchor 22"), [0032] ("an exit ramp 40B configured to promote the anchor 22 to exit the anchor recess 46 as the thrower 10 is moved in the throwing motion"). Thus, because the anchor 22 is part of the target tether 16, the anchor 22 exiting the anchor recess also means the target tether is exiting the anchor recess.”
The examiner respectively disagrees. Claims 22 and 24 are dependent to independent claim 16 and dependent claims 17-18, and neither of those claims state that the target tether comprises an anchor. Claim 4 is dependent to another independent claim, therefore one of ordinary skill in the art cannot rely on a separate independent claim set to teach the same features for another independent claim set. Also, claim 16 states that a target receiver with a slot receives the target tether, and so it is unclear how the target tether can be within the target receiver and the anchor recess.
Applicant further argues “The Office's modification of Jirotka in view of Matsumoto improperly changes the principle of operation of Jirotka's device. see MPEP § 2143.01(VI) (a proposed modification cannot change the principle of operation of a reference). Jirotka's device works by placing the tail g in the recess q of the fork b and having the circular plate c attached to the tail abut the fork. The handle a is then moved forward, resulting in the fork b moving the circular plate c which pulls the tail g which in turn pulls the ball h. As the ball h moves along its throwing arc while being pulled by the tail q, the ball causes the tail g and the circular plate c to disengage the fork b and fly off with the ball through the air. Jirotka: 1:36-40.
In contrast, the Office's modification of Jirotka' s device in view of Matsumoto results in the ball h being captured and held by the fork b. This is an impermissible departure from how Jirotka's device operates. Instead, of the ball h being swung to by the tail g to disconnect the circular plate c from the fork b, now the ball itself is held by the fork. This results in a complete loss in the mechanical advantage the tail g provides in throwing the ball h because the ball is no longer swung by the tail.”
The examiner respectively disagrees, as Matsumoto is only relied upon to teach the features that Jirotka lacks, such as the anchor recess. The entirety of Matsumoto is not relied upon as Matsumoto is a secondary reference. Therefore, the combination of Jirotka and Matsumoto will still allow for Jirotka to properly operate as intended. The examiner would also like to state that Matsumoto still teaches a canine retrieving target thrower where an object is being thrown at the head portion.
Applicant further argues “Jirotka and Mosumoto, alone or in combination, fail to disclose or suggest a method where an anchor of a tether pivots relative tot a head of a thrower while the anchor is received by the head.
The Office relies primarily on Jirotka as disclosing the claimed method, but as understood with reference to the figures of Jirotka above, Jirotka's circular plate c does not pivot relative to the fork b during the throwing motion while the circular plate is engaged with the fork.”
The examiner respectively disagrees as the examiner does not rely on plate (c) to pivot relative to the head (b). As stated above, it is the anchor (h) that will pivot relative to the head when the user moves the handle in the throwing motion (fig. 2 and page 2, lines 12-15 and 36-40 of Jirotka).
All other claims with arguments are similarly unpersuasive as they relate to claims 1, 16 and 28 and the art used for those claims were used for other features that are not claimed in claim 1, 16 and 28.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAHAR ALMATRAHI whose telephone number is (571)272-2470. The examiner can normally be reached M-F 7:30-5:30.
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, Peter Poon can be reached at 571-272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAHAR ALMATRAHI/Examiner, Art Unit 3643
/DAVID J PARSLEY/Primary Examiner, Art Unit 3643