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 .
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 flexible sleeve (claims 10 and 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.
Specification
The disclosure is objected to because of the following informalities:
Page 5, paragraph 22, “bottom end 16” should be changed to --bottom end 14--.
Page 6, paragraph 23, “Figures 1, 2A, and 2b” should be changed to --Figures 1, 2A, and 2B--.
Page 8, paragraph 30, reference character 40 is used to reference the “flexible sleeve”; however, reference character 40 has already been designated for the attachments points (paragraph 23; FIG. 2A). It does not appear the sleeve is actually shown in the figures in order to warrant a reference character.
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.
Claim 14 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 14 recites “when the hunting stick is used as a gun rest” in lines 2-3. However, the hunting stick was not previously disclosed as being able to be used as a gun rest (see claim 13) and a gun rest is not claimed in the embodiment of claims 13-20. Therefore, it is unclear if the claimed hunting stick has to actually be used as a gun rest in order to meet the claim, and if so, how. Clarification is required.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-3, 6, 7, 11, 13-15 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mausen (US 9,016,298 B2).
Claim 1: Mausen discloses a hunting stick comprising: a walking stick (which can be considered element 104, or alternatively elements 104 and 106; also it is noted that stick has a length of at least 48 inches as that is the diameter of the screen 110/112 and the length of the walking stick is equal or longer than that as seen in the figures) having a top end (to which 108 is attached) and a bottom end (bottom of 104 near bottom aperture 116, or alternatively the bottom end is 114); a gun rest (108) attached at or near the top end of the walking stick (FIG. 1); and a hunting blind (110, 112) secured to the walking stick between the top end and the bottom end (FIG. 1).
Claim 13: Mausen discloses a hunting stick comprising: a walking stick (could be considered element 104, or alternatively elements 104 and 106; also it is noted that stick has a length of at least 48 inches as that is the diameter of the screen 110 and the length of the walking stick is equal or longer than that as seen in the figures) having a top end (to which 108 is attached) and a bottom end (bottom of 104 near bottom aperture 116, or alternatively the bottom end is 114); and a fan-like hunting blind (110, 112) secured to the walking stick between the top end and the bottom end (FIG. 1), wherein the fan-like hunting blinds spreads open for concealment (as seen in FIG. 1) and collapses into a closed position near the walking stick (as seen in FIG. 3).
Claims 2 and 14: Mausen discloses at least one stability foot attached near the bottom end of the walking stick to provide additional support when the hunting stick is used as a gun rest (if the walking stick is considered to be element 104, then element 106 would be considered the stability foot since it is located near the bottom of 104 and has a pointed end 114 for inserting into the ground to support the walking stick when the user is using the device as a blind/gun rest).
Claims 3 and 15: Mausen discloses the walking stick as being configured to have an adjustable length (if the walking stick is considered to be both elements 104 and 106, those elements can move relative to each other to extend or retract the walking stick; col. 2, lines 55-67).
Claim 6: Mausen discloses the hunting blind is configured to transition between open (FIG. 1) and closed configurations (FIG. 3).
Claim 7: Mausen discloses the hunting blind has a fan-like design that opens to provide semi-circular concealment (as seen in FIG. 1; also, the blind can be opened to different angles, as stated in col. 3, lines 32-38, and therefore can include a more semi-circular shape) and closes close to the walking stick (as seen in Fig. 3).
Claims 11 and 18: Mausen discloses a foot peg located near the bottom end of the walking stick to facilitate inserting the bottom end of the walking stick into a ground (if the walking stick is considered to be element 104, then element 106 would be considered the foot peg since it is located near the bottom of 104 and has a pointed end 114 for inserting into the ground).
Claim(s) 13-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gabrielson et al. (US 8,051,864 B1).
Claim 13: Gabrielson et al. discloses a hunting stick comprising: a walking stick (130, 110) having a top end (132) and a bottom end (near 220); and a fan-like hunting blind (60, 70) secured to the walking stick between the top end and the bottom end (FIGS. 4 and 5), wherein the fan-like hunting blinds spreads open for concealment (when in the configuration shown in FIG. 1) and collapses into a closed position near the walking stick (as seen in FIG. 4).
Claim 14: Gabrielson et al. discloses at least one stability foot (could be considered element 120, 210, or the combination thereof) attached near the bottom end of the walking stick to provide additional support when the hunting stick is used as a gun rest (as best understood, foot 120 or spike 120 would support the walking stick if it was being used as a gun rest depending on the terrain and needs of the user).
Claim 15: Gabrielson et al. discloses the walking stick as being configured to have an adjustable length (as seen in the configuration shown in FIGS. 1 and 2, the length of the walking stick is shorter than the configuration shown in FIG. 4 with the addition of element 60between elements 130 and 110).
Claim 16: Gabrielson et al. discloses the hunting blind as being removable from the hunting stick (as seen in FIGS. 1, 2, 5 and 10, portion 60 can be removed from between 130 and 110).
Claim 17: Gabrielson et al. discloses a flexible sleeve (240) that slides over the closed hunting blind (FIG. 4).
Claim 18: Gabrielson et al. discloses a foot peg (120) located near the bottom end of the walking stick to facilitate inserting the bottom end of the walking stick into a ground (col. 4, lines 41-42).
Claim 19: Gabrielson et al. discloses the hunting blind as attaching to the walking stick in at least two locations along the walking stick (attaches to portion 138 of 130 and portion 118 of 110; FIG. 5).
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.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mausen (US 9,016,298 B2) as applied to claim 1 above, and further in view of Gabrielson et al. (US 8,051,864 B1).
Mausen is discussed above but lacks a flexible sleeve that slides over the closed hunting blind. Gabrielson et al. discloses a hunting stick comprising: a walking stick (130, 110) having a top end (132) and a bottom end (near 220); a fan-like hunting blind (60, 70) secured to the walking stick between the top end and the bottom end (FIGS. 4 and 5), wherein the fan-like hunting blinds spreads open for concealment (when in the configuration shown in FIG. 1) and collapses into a closed position near the walking stick (as seen in FIG. 4); and a flexible sleeve (240) that slides over the closed hunting blind (FIG. 4). It would have been obvious to one or ordinary skill before the effective filing date of the claimed invention to modify Mausen to include a flexible sleeve, such as that taught by Gabrielson et al., in order to completely cover the hunting blind when not in use, making is less likely to get damaged or open unintentionally, while providing a more aesthetically pleasing appearance when in the closed configuration.
Claim(s) 12 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mausen (US 9,016,298 B2) alone.
Mausen is silent on the material use to make the walking stick. However, it would have been obvious to make the walking stick from a material selected from the group consisting of aluminum, carbon, steel, titanium, hard plastic, acrylic, and wood since it has generally been recognized that selection of a known material based on its suitability for the intended use involves only routine skill in the art. In re Leshin, 125 USPQ 416.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gabrielson et al. (US 8,051,864 B1) alone.
Gabrielson et al. is silent on the material use to make the walking stick. However, it would have been obvious to make the walking stick from a material selected from the group consisting of aluminum, carbon, steel, titanium, hard plastic, acrylic, and wood since it has generally been recognized that selection of a known material based on its suitability for the intended use involves only routine skill in the art. In re Leshin, 125 USPQ 416.
Claim(s) 1-3, 5, 6, 8, 9 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brown (US 5,345,706) in view of Kendrick et al. (US 2002/0124975 A1).
Claim 1: Brown teaches a hunting stick comprising: a walking stick (10, 12, 14, 16, 18) having a top end (near 10) and a bottom end (near 20); and a gun rest (24) attached at or near the top end of the walking stick (FIG. 1).
Brown lacks a hunting blind. Kendrick et al. teaches a blind system, wherein a hunting blind (20, 28, 50, 30 and 40) is secured to an elongate pole (12) similar to that of a walking stick. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Brown to include a hunting blind, such as that taught by Kendrick et al., so that a hunter could be concealed from prey when they are using the hunting stick to hunt.
Claim 2: Brown teaches at least one stability foot (20) attached near the bottom end of the walking stick to provide additional support when the hunting stick is used as a gun rest (as seen in FIG. 1).
Claim 3: Brown teaches the walking stick as being configured to have an adjustable length (as evidenced by FIGS. 1 and 2).
Claim 5: Brown teaches the gun rest as transitions from a stored configuration (FIG. 2) to a deployed configuration (FIG. 1).
Claim 6: Kendrick et al. teaches the hunting blind as being configured to transition between open (FIGS. 1-3) and closed configurations (FIG. 8).
Claim 8: Kendrick et al. teaches the hunting blind as being removable from the hunting stick (via 36 and 46).
Claim 9: Kendrick et al. teaches the hunting blind as attaching to the walking stick in at least two locations along the walking stick (as seen in FIGS. 1-3, the hunting blind is attached to the pole at two locations via 36 and 46).
Claim 12: Brown teaches the walking stick as being made from hard plastic (col. 6, lines 46-52).
Claim(s) 1, 2, 4, 6, 8, 9 11, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gallo (US 8,590,440 B2) in view of Kendrick et al. (US 2002/0124975 A1).
Claim 1: Gallo teaches a hunting stick comprising: a walking stick (2) having a top end (near 3) and a bottom end (near 4); and a gun rest (5) attached at or near the top end of the walking stick (FIG. 1).
Gallo lacks a hunting blind. Kendrick et al. teaches a blind system, wherein a hunting blind (20, 28, 50, 30 and 40) is secured to an elongate pole (12) similar to that of a walking stick. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gallo to include a hunting blind, such as that taught by Kendrick et al., so that a hunter could be concealed from prey when they are using the hunting stick to hunt.
Claim 2: Gallo teaches at least one stability foot (could be considered elements 8 or element 4) attached near the bottom end of the walking stick to provide additional support when the hunting stick is used as a gun rest (as seen in FIGS. 6 and 8).
Claim 4: Gallo teaches the gun rest as being moveable along the walking stick (via 10-12; col. 6, lines 24-36).
Claim 6: Kendrick et al. teaches the hunting blind as being configured to transition between open (FIGS. 1-3) and closed configurations (FIG. 8).
Claim 8: Kendrick et al. teaches the hunting blind as being removable from the hunting stick (via 36 and 46).
Claim 9: Kendrick et al. teaches the hunting blind as attaching to the walking stick in at least two locations along the walking stick (as seen in FIGS. 1-3, the hunting blind is attached to the pole at two locations via 36 and 46).
Claim 11: Gallo teaches a foot peg (4) located near the bottom end of the walking stick to facilitate inserting the bottom end of the walking stick into a ground (col. 5, lines 34-38).
Claim 12: Gallo teaches the walking stick as being made from hard plastic (col. 5, lines 23-25).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIELLE JACKSON whose telephone number is (571)272-2268. The examiner can normally be reached M-F: 11AM-7PM EST.
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, David Dunn can be reached at (571)272-6670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DNJ/Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636