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 as failing to comply with 37 CFR 1.84(p)(4) because reference characters "1014", “1041” and “1040” (Fig. 9) have been used to designate the same structure, whereas each character define different features as “1014”, base portion, “1041” exterior portion and “1040” as first hood portion. Similarly, characters "1043 (exterior portion) and ", “1042” (second hood portion) (Fig. 9) are marked as the same structure. 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. 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
Claims 12-17 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.
With respect to claim 12, further clarification is require what is applicant consider “a base portion configured to be attachable to a bow and having first engagement member and a first hood portion”; “a detachable portion having second engagement members and one or more second hood portions” and “wherein the first and second hood portions are sized, shaped, and positioned such that the entire first hood portion is adjacent to one end of the exterior profile of the second hood portion when the detachable portion is removably attached to the base portion such that the first arrow is linearly arranged with the second arrows”. Claim 12 is related to the embodiment of Figs 9-14, and according to the original disclosure, the first engagement member “1034” (Figs. 9, 11 and 12) is connected, part, of member “1016” and not base portion “1014”. Also, the second engagement member “1038” (Figs. 9 and 13) is connected, part, of member “1022” and not detachable portion “1012”.
Claims 13-17 are rejected based upon their dependency to claim 12.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 7-9 and 18 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3-5 of U.S. Patent No. 11,953,284 (“ ‘284”). Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of ‘284 recites all the limitations of above claim 1, namely “A modular quiver system, comprising: a base portion configured to be attachable to a bow and having a first hood portion including a first engagement member, the first hood portion configured to removably hold a first arrow between the first engagement members with the arrowhead portion of the first arrow retained in the first hood portion; and a detachable portion having one or more second hood portions defining an exterior profile sized to receive the first hood portion and including a second engagement member, the one or more second hood portions configured to removably hold a plurality of second arrows with the arrowhead portions of the second arrows retained in the one or more second hood portions; wherein the plurality of second arrows are positioned on opposite sides of the first arrow when the detachable portion is removably attached to the base portion; wherein the first and second hood portions are sized, shaped, and positioned so that the entire first hood portion is nested interstitially within the exterior profile between the one or more second hood portions when the detachable portion is removably attached to the base portion; wherein the first and second engagement members are configured and positioned to engage with each other in a fixed manner when pushed together by a user's hands, and the first and second engagement members further configured to disengage from each other when pulled apart by the user's hands”. Also, claim 1 of ‘284 recites all the limitations of above claim 18, namely “A modular quiver system, comprising: a base portion configured to be attachable to a bow and having a first hood portion and first engagement members, the first engagement members comprising flexible and resilient concavities and having an arrow engagement member disposed therebetween, the first hood portion configured to removably house a first arrow between the first engagement members with the arrowhead portion of the first arrow retained in the first hood portion and the arrow shaft retained in the arrow engagement member; and a detachable portion having at least two second hood portions defining an exterior profile therebetween sized to receive the first hood portion and second engagement members, the second hood portions configured to removably house a plurality of second arrows with the arrowhead portions of the second arrows retained in the one or more second hood portions; wherein the plurality of second arrows are positioned on opposite sides of the first arrow when the detachable portion is removably attached to the base portion; wherein the first and second hood portions are sized, shaped, and positioned so that the entire first hood portion is nested interstitially within the exterior profile between the at least two second hood portions when the detachable portion is removably attached to the base portion; wherein the arrow engagement member of the base portion is coplanar with the concavities of the first engagement members; wherein the first and second engagement members are configured and positioned to engage with each other in a fixed manner when pushed together by a user's hands, and the first and second engagement members further configured to disengage from each other when pulled apart by the user's hands”. Every limitations in the above claim 1 and above claim 18 is recited in claim 1 of ‘284, and thus claims 1 and 18, each, is anticipated by claim 1 of the ‘284.
Claim 7 recite the same limitations as claim 3 of the ‘284.
Claim 8 recite the same limitations as claim 4 of the ‘284.
Claim 9 recite the same limitations as claim 5 of the ‘284.
Claims 12, 14 and 15 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3 and 4 of U.S. Patent No. 11,953,284 (“ ‘284”) in view of Walk et al US 8,714,147 (“Walk”).
Claim 1, of ‘284 recites the limitations of above claim 12, namely “A modular quiver system, comprising: a base portion configured to be attachable to a bow and having first engagement member and a first hood portion configured to removably hold a first arrow between the first engagement member with the arrowhead portion of the first arrow retained in the first hood portion; and a detachable portion having second engagement members and one or more second hood portions defining an exterior profile sized and configured to removably hold a plurality of second arrows with the arrowhead portions of the second arrows retained in the one or more second hood portions; wherein the first engagement portions and the second engagement portions are configured to be removably attachable from one another by hand without the use of any tools” except “wherein the first and second hood portions are sized, shaped, and positioned such that the entire first hood portion is adjacent to one end of the exterior profile of the second hood portion when the detachable portion is removably attached to the base portion such that the first arrow is linearly arranged with the second arrows”.
However, in a similar field of quiver devices, Walk discloses wherein a first and second hood portions are sized, shaped, and positioned such that the entire first hood portion is adjacent to one end of an exterior profile of the second hood portion when a detachable portion is removably attached to a base portion such that a first arrow is linearly arranged with second arrows, (a first hood assembly 50 (construed as related to “a base portion”) position adjacent to a second hood assembly 52 (construed as related to “a detachable portion”) connected to each other (via mounting assemblies 36 and 38, that are including engagement members, brackets 76-96 (related to the base portion); complementary to brackets 82-102 (related to the detachable portion)) as a first arrow (any of arrows 150a-150c) (e.g., Fig. 8) is in a linearly arrangement to arrows (150d and 150e)(Figs. 4-6 and 8; in conjunction to 4:59-6:50 (regarding the structure of the base portion/first hood assembly and the detachable portion/second hood assembly) and 6:51-7:48, regarding the connection of the base portion-to-the detachable portion via the first and second engagement members). Therefore, 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 to form ‘284 wherein the first and second hood portions are sized, shaped, and positioned such that the entire first hood portion is adjacent to one end of the exterior profile of the second hood portion when the detachable portion is removably attached to the base portion such that the first arrow is linearly arranged with the second arrows for the reason that a skilled artisan would have been motivated in utilizing known mechanical arrangement to attach the base portion with the detachable portion to hold a plurality of arrow in a safe manner within the quiver system, yet allow easier detachment therefrom for purposes of maintenance, storage and/or transportation.
Claim 14 recite the same limitations as claim 3 of the ‘284.
Claim 15 recite the same limitations as claim 4 of the ‘284.
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.
Claim(s) 12-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Walk et al US 8,714,147 (“Walk”).
As per claim 12, Walk discloses a modular quiver system (quiver assembly 12)(Figs. 1-9; 4:40-8:56), comprising:
a base portion (construed as “first hood assembly” 50)(Figs. 4-9; 5:20-6:6 note the examiner’s markings hereinafter in conjunction to Fig. 6) configured to be attachable to a bow (via attachment assembly 32)(Figs. 1-3 in conjunction to at least Figs. 4-6; 4:59-5:19) and having first engagement member (construed as either bracket 76 and/or bracket 96 of mounting portions 72 and 92 of assemblies 36 and 38, respectively)(Figs. 4-6; 7:15-:48) and a first hood portion (first hood portion 58)(Figs. 4-6; 5:20-6:6) configured to removably hold a first arrow between the first engagement member with the arrowhead portion of the first arrow retained in the first hood portion (construed as any arrow 150a-150c retain between first engagement member (bracket 76 and/or bracket 96 of respective first mountings 72 and 92)(Figs. 8 and 9 in conjunction to at least Fig. 4 (7:15-48); and
a detachable portion (construed as “second hood assembly” 52)(Figs. 4-8; 6:7-50; note the examiner’s markings hereinafter in conjunction to Fig. 6) having second engagement members (construed as either bracket 82 and/or bracket 102 of mounting portions 74 and 94 of assemblies 36 and 38, respectively)(Figs. 4-6; 7:15-:48) and one or more second hood portions (hood 52)(Figs. 4-6; 6:7-50) defining an exterior profile (Figs. 4-6) sized and configured to removably hold a plurality of second arrows (such as arrow 150d and 150e)(Fig. 8) with the arrowhead portions of the second arrows retained in the one or more second hood portions (Fig. 8; 7:54+) wherein the first and second hood portions (hoods 50 and 52) are sized, shaped, and positioned such that the entire first hood portion is adjacent to one end of the exterior profile of the second hood portion (Fig. 8) when the detachable portion is removably attached to the base portion (via first mounting portion 72-to- second mounting portion 74 and/or first mounting portion 92-to-second mounting portion 94)(Fig. 6; 7:15-48) with such that the first arrow (any one of arrows 150a-150c) is linearly arranged with the second arrows (arrows 150d and 150e)(Fig. 8); wherein the first engagement portions (brackets 76 and/or bracket 96) and the second engagement portions (bracket 82 and/or bracket 102) are configured to be removably attachable from one another by hand without the use of any tools (Fig. 6; 7:15-48).
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As per claim 13, Walk discloses further comprising one or more longitudinal members connecting the base portion to the first hood portion (member 30 connected the first portion to hood 50 thereof)(Figs. 4-6; 4:59-5:36) .
As per claim 14, with respect to the base portion comprising a hangable structure configured to hang the bow from a structure when the modular quiver system is attached to the bow, construed as the loop structure within hood 50 (Fig. 6 and as marked hereinafter).
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The examiner construed such loop of Walk as “a hangable structure” according to applicant’s disclosure in at least paragraph [0010]” In various example embodiments the hangable structure may comprise a loop configured to hang on a hook, branch, or similar structure or protrusion.”
As per claim 15, with respect to the hangable structure comprising a hole formed in the hood portion of the base portion, note Fig. 6 (as well as the markings above), wherein the loop means is inserted within hole/s formed within hood 50.
As per claim 16, with respect to the base portion further comprising a flexible and resilient structure which defines a smaller concavity opening into a larger concavity, such that the smaller concavity and larger concavity are configured to deflect around and removably engage with the shaft of an arrow, note Figs. 4-6 and 7:26-8:20 regarding first seats 80 and/or 100 of base portion (of hood assembly 50; again note the examiner’s markings above, with respect to claim 12, regarding “the base portion”).
As per claim 17, with respect to the detachable portion further comprising at least one flexible and resilient structure which defines a smaller concavity opening into a larger concavity, such that the smaller concavity and larger concavity are configured to deflect around and removably engage with the shaft of an arrow, note Figs. 4-6 and 7:26-8:20 regarding second seats 88 and/or 108 of detachable portion (of hood assembly 52; again note the examiner’s markings above, with respect to claim 12, regarding “the detachable portion”).
Examiner’s Comments
The following is a statement of reasons for the indication of allowable subject matter: the closest prior art is not specific nor render it obvious to from a modular quiver system, that among other things includes “a base portion configured to be attachable to a bow and having a first hood portion including a first engagement member, and configured to removably hold a first arrow; and a detachable portion having one or more second hood portions defining an exterior profile sized to receive the first hood portion and including a second engagement member; wherein the plurality of second arrows are positioned on opposite sides of the first arrow when the detachable portion is removably attached to the base portion; wherein the first and second hood portions are sized, shaped, and positioned so that the entire first hood portion is nested interstitially within the exterior profile between the one or more second hood portions when the detachable portion is removably attached to the base portion; wherein the first and second engagement members are configured and positioned to engage with each other in a fixed manner when pushed together by a user's hands, and the first and second engagement members further configured to disengage from each other when pulled apart by the user's hands”, as claimed within independent claim 1.
The closest prior art is not specific nor render it obvious to from a modular quiver that among other things includes “a base portion configured to be attachable to a bow and having a first hood portion and first engagement members, the first engagement members comprising flexible and resilient concavities and having an arrow engagement member disposed therebetween, and configured to removably house a first arrow; a detachable portion having at least two second hood portions defining an exterior profile therebetween sized to receive the first hood portion and second engagement members, the second hood portions configured to removably house a plurality of second arrows; wherein the plurality of second arrows are positioned on opposite sides of the first arrow when the detachable portion is removably attached to the base portion; wherein the first and second hood portions are sized, shaped, and positioned so that the entire first hood portion is nested interstitially within the exterior profile between the at least two second hood portions when the detachable portion is removably attached to the base portion; wherein the arrow engagement member of the base portion is coplanar with the concavities of the first engagement members; wherein the first and second engagement members are configured and positioned to engage with each other in a fixed manner by a user's hands” as claimed within independent claim 18.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMIR ARIE KLAYMAN whose telephone number is (571)270-7131. The examiner can normally be reached Monday-Friday; 7:00 AM-4:30 PM.
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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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/A.A.K/Examiner, Art Unit 3711 6/1/2026
/JOHN E SIMMS JR/Primary Examiner, Art Unit 3711
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