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 .
Information Disclosure Statement
The information disclosure statement filed 10 May 2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. The non-patent literature documents for the cited YouTube videos were not provided. However, the examiner retrieved the references via YouTube such that all the non-patent literature documents have been considered.
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 1-7 and 9-11 are rejected under 35 U.S.C. 102(a)(1) based upon a public use or sale or other public availability of the invention. “Challenge Targets Propeller Texas Star (aka Irish Plate Rack)” was first uploaded on YouTube on 4 January 2019 (https://www.youtube.com/watch?v=AqPTb3RQCwI; hereinafter Challenge Targets).
Regarding claim 1, Challenge Targets discloses a swinging target device [A] (see annotated Figures below for all reference letters), comprising: a stand [B], an arm [C] having a first end [D] and a second end [E], the arm [C] pivoted to the stand [B] between the first and second ends [D, E] of the arm [C] for pivoting movement about a primary pivot axis [F], the arm [C] having a first arm portion [G] extending from the primary pivot axis [F] to the first end [D] of the arm [C] and having a second arm portion [H] extending from the primary pivot axis [F] to the second end [E] of the arm [C], a first target assembly [I] pivoted to the first end [D] of the arm [C] for pivoting movement about a first secondary pivot axis [J], and a second target assembly [K] pivoted to the second end [E] of the arm [C] for pivoting movement about a second secondary pivot axis [L] (see YouTube frames and annotated Figures 1-2 below).
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Regarding claim 2, Challenge Targets discloses the target device of claim 1, wherein at least one of the first and second target assemblies [I, K] has a variable mass that changes (when plate [M] is struck with bullet and falls off) when at least a portion [M] of the one of the first and second target assemblies is struck by a projectile (see annotated Figures 1-2 above and YouTube frame at 0:41 wherein plates [M] fall off when struck such that the mass of the target assemblies [I, K] decreases).
Regarding claim 3, Challenge Targets discloses the target device of claim 2, wherein when the mass of the one of the target assemblies changes [I, K], a center of gravity of the one of the target assemblies [I, K] also changes (see annotated Figures 1-2 above and YouTube frame at 0:41 wherein when plates [M] fall off, the target assemblies [I, K] center of gravity changes such that the target assemblies [I, K] move erratically).
Regarding claim 4, Challenge Targets discloses the target device of claim 1, wherein one of the first and second target assemblies [I] is configured to oscillate +/−90 degrees from vertical and the other of the first and second target assemblies [K] is configured to rotate through 360 degrees (see annotated Figures 1-2 above and YouTube frame at 0:41; wherein the target assemblies [I, K] are able to rotate 360 degrees about secondary pivot axes [J, L] and when a plate [M] is struck and falls off, the off-balance target assembly starts to oscillate +/−90 degrees from vertical).
Regarding claim 5, Challenge Targets discloses the target device of claim 1, wherein: the first target assembly [I] comprises a target frame [N] extending upwardly from the first secondary pivot axis [J], a target panel [O] mounted to the target frame [N], and a counterweight [P] attached to the target frame [N] and extending downwardly from the first secondary pivot axis [J], and the second target assembly [K] comprises an arm assembly [Q] having at least three arms [R] projecting radially outwardly from the second secondary pivot axis [L], and a target plate [M] removably attached to a free end of each of the arms [R], the target plates [M] configured to detach from respective arms [R] when struck by a projectile (see annotated Figure 3 below and YouTube frame at 0:41 showing a plate [M] being struck by a projectile).
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Regarding claim 6, Challenge Targets discloses the target device of claim 1, wherein the first and second arm portions [G, H] form an angle of 0 degrees to 180 degrees relative to one another (annotated Figures 1-2 above and YouTube frames at 0:07 and 0:18; wherein first and second arm portions [G, H] are separated by 180 degrees).
Regarding claim 7, Challenge Targets discloses the target device of claim 1, wherein the first arm portion [G] has a first length and the second arm portion [H] has a second length, and wherein the first and second lengths are the same (annotated Figures 1-2 above and YouTube frames at 0:07 and 0:18).
Regarding claim 9, Challenge Targets discloses the target device of claim 1, wherein a combined center of gravity of the arm [C] and the first and second target assemblies [I, K] is coaxial with the primary pivot axis [F] (see annotated Figures 1-2 above and YouTube frames at 0:07 and 0:18).
Regarding claim 10, Challenge Targets discloses the target device of claim 1, wherein a combined center of gravity of the arm [C] and the first and second target assemblies [I, K] is not coaxial with the primary pivot axis [J] (see annotated Figures 1-2 above and YouTube frame at 0:41; wherein after plate [M] is struck by a projectile and falls off, the center of gravity of the arm and target assemblies [I, K] changes and is no longer coaxial with the primary pivot axis [J]).
Regarding claim 11, Challenge Targets discloses a swinging target device [A] (see annotated Figures above for all reference letters), comprising: a stand [B], an arm [C] having a first end [D] and a second end [E], the arm [C] pivoted to the stand [B] between the first and second ends [D, E] of the arm [C] for pivoting movement about a primary pivot axis [F], a first target assembly [I] pivoted to the first end [D] of the arm [C] for pivoting movement about a first secondary pivot axis [J], and a second target assembly [K] pivoted to the second end [E] of the arm [C] for pivoting movement about a second secondary pivot axis [L], the first target assembly [I] comprising a target frame [N] extending upwardly from the first secondary pivot axis [J], a target panel [O] mounted to the target frame [N], and a counterweight [P] attached to the target frame [N] and extending downwardly from the first secondary pivot axis [J], the first target assembly [I] is configured to oscillate +/−90 degrees from vertical, the second target assembly [K] comprising an arm assembly [Q] having at least three arms [R] projecting radially outwardly from the second secondary pivot axis [L], and a target plate [M] removably attached to a free end of each of the arms [R], the target plates [M] configured to detach from respective arms [R] when struck by a projectile, the second target assembly [K] configured to rotate through 360 degrees (see YouTube frames and annotated Figures 1-3 above; wherein the target assemblies [I, K] are able to rotate 360 degrees about secondary pivot axes [J, L] and when a plate [M] is struck and falls off, the off-balance target assembly starts to oscillate +/−90 degrees from vertical).
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 (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 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 8 is rejected under 35 U.S.C. 103 as being unpatentable over Challenge Targets as applied to claim 1 above, and further in view of Townsend (US 2011/0163503 A1).
Regarding claim 8, Challenge Targets discloses the target device of claim 1, wherein the first arm portion [G] has a first length and the second arm portion [H] has a second length (annotated Figures 1-2 above and YouTube frames at 0:07 and 0:18). Challenge Targets does not disclose the first and second lengths being different. Townsend, however, teaches a similar target device (Figure) having an arm [6, 6] comprising a first arm portion [6] (specifically, see lever arm [6] attached to target face [7]) and a second arm portion [6] (specifically, see lever arm [6] attached to media thrower [8]), wherein the first arm portion [6] has a first length and the second arm portion [6] has a second length, and wherein the first and second lengths are different (paragraphs 0011-0015, 0018, and Figure; wherein arm lengths can vary). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to configure Challenge Targets’ first and second arm lengths to be different because Townsend teaches that this configuration offers different balance and spin characteristics for target shooting (paragraph 0018).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Howell (US 2021/0102787 A1), Bickel (US 2018/0087881 A1), Cesternino (US 2015/0276356 A1), Bliehall (US 7,735,832 B2) which all disclose similar swinging target devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AUDREY B. WALTER whose telephone number is (571)270-5286. The examiner can normally be reached Monday - Friday: 8:30 am - 4:30 pm.
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/AUDREY B. WALTER/Primary Examiner, Art Unit 3711