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 .
Status of Claims
Claims 1-19, filed 3/25/2024, are pending and are currently being examined.
Information Disclosure Statement
Regarding the IDS, received 10/30/2024, the Office requests some relief in the amount of references the Office is being asked to consider. The applicant, not only in this case but in many other pending cases, is asking the Office to consider dozens of references (about 200), which is taking up a considerable amount of the allotted examining time the Office has for just one case. The applicant’s submission of a large number of references, many of which are irrelevant with respect to the instant claimed invention, really affects the examining process and takes away a significant amount of time the Office has to work on the merits of a case. True, if prior art or other information material to the patentability of pending claims is discovered that is relevant to a pending case at the Office, the applicant is required to disclose this discovery under 37 CFR 1.97, 37 CFR 1.98, and 37 CFR 1.56. However, the applicant has many pending cases before the Office and it seems that much of the prior art for many of these pending cases is being submitted for the consideration by the Office in every application without the applicant’s evaluation as to whether the prior art is relevant to the pending claims. By way of example only, note the following references cited in the 10/30/2024 IDS:
NPL - Homemade Air Skeet Thrower
NPL – GoSports Outdoors Clay Catapult Handheld…
NPL - Old Vintage Cast…
NPL – Do-All Outdoors…
NPL – Trap Thrower Vintage Ebay…
NPL – SureThrow…
NPL – Champion High Fly…
NPL – Amazong.com: Do-All Outdoors…
NPL – Ferus…
NPL – Amazon.com Ferus…
NPL – Amazon.com Birchwood Casey…
NPL – Champion Matchbird…
NPL – Do-All Clayhawk…
NPL – Caldwell Clay Launcher…
NPL – Champion Standard Hand Thrower…
USPN 1332992 – Centrifugal Machine Gun
USPN 1353663 – Target Throwing Device
USPN 3233517 – Tripodal Gun Support
USPN 3552371 – Baseball Pitching Machine
USPN 3605715 – Spring-based Target…
USPN 3717136 – Spring Actuated…
USPN 3880135 – Centrifugal Spring…
USPN 7461645 – Hand Held Disc Launcher
USPN 8196504 – Tripod Mount…
USPN 9005055 – Apparatus For A Throwing Game
USPN 9194646 – Toy Projectile Launcher Apparatus
USPN 9005055 – Apparatus For A Throwing Game
USPN 9417026 – Projectile Launching System
USPN 10458760 – Step Auto Clay Thrower
These references, along with many others cited on the 10/30/2024 IDS, have very little or absolutely nothing to do with the claimed invention. Thus, the Office respectfully requests that a better effort be made, with a more common sense approach by the applicant, to screen and submit only those references that really are necessary for the Office to consider and that are relevant for the pending, claimed invention, so that the Office is able to spend time on the merits of the case.
Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a).
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 7 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 7 recites the limitation “the wall receptacle” in line 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 1-4 and 9-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Arnold et al. US Pat. No. 11,428,510.
Arnold teaches:
In Reference to Claim 1
A shooting target thrower for throwing a shooting target (clay target thrower 100, Fig. 1-11), the shooting target thrower comprising:
a frame (thrower frame 200);
a throwing arm supported by the frame and rotatable about a throwing axis, the throwing arm rotatable from a cocked position, the throwing arm configured to throw the shooting target as the throwing arm rotates about the throwing axis from the cocked position (throwing arm 330 rotatable about a pivot/axis 318 and powered by spring 360 that moves the arm from a cocked position to fire a loaded target when activated, Col. 4 lines 32 – Col. 5 line 9, Col. 6 lines 17-43, Fig. 1-4, 7);
a throwing spring operatively coupled to the throwing arm, the throwing spring arranged to rotate the throwing arm about the throwing axis to throw the shooting target (throwing arm 330 rotatable about axis 318 and powered by throwing spring 360 that moves the arm from a cocked position to fire a loaded target when activated, Col.5 lines 1-9, Col. 6 lines 17-43, Fig. 1-4, 7);
an electric motor operatively coupled to the throwing arm, the electric motor configured to rotate the throwing arm about the throwing axis toward the cocked position (electric motor 302 rotates the throwing arm to the cocked position against the throwing spring 360 to load the throwing arm for launching, Col. 6 lines 17-43, Fig. 1-10);
a power connector supported by the frame (control assembly 400 has a battery interface 430 (power connector) supported by the frame as it is coupled to the frame, Fig. 1-11, Col. 5 lines 10-50);
a first power source having a first power source connector, the first power source connector being releasably connectable to the power connector to deliver electrical power for the electric motor (removable battery 410 clamps 412 that interface with terminals 432 on the power connector 430, Fig. 1-4, 8-11, Col. 5 lines 10-50); and
a second power source having a second power source connector, the second power source connector being releasably connectable to the power connector to deliver electrical power for the electric motor (a second battery 410 may be substituted for the first battery when the first battery needs recharging, Col. 3 lines 3-22, Col. 5 lines 38-42);
the first and second power sources being interchangeably connectable to the power connector for delivering electrical power for the electric motor (either battery is interconnectable with the power interface 430 to provide electrical power to the motor 302, Fig. 1-11, Col. 3 lines 3-22, Col. 5 lines Col. 5 lines 10-50).
In Reference to Claim 2
The shooting target thrower of claim 1, wherein the first power source comprises a battery (lithium-ion batteries 410, Col. 3 lines 3-22, Col. 5 lines 38-42).
In Reference to Claim 3
The shooting target thrower of claim 2, wherein the battery comprises a lithium-ion battery (lithium-ion batteries 410, Col. 3 lines 3-22, Col. 5 lines 38-42).
In Reference to Claim 4
The shooting target thrower of claim 2, wherein the first power source is configured to be entirely carried by the frame when the first power source connector is coupled to the power connector (removable battery 410 clamps 412 that interface with terminals 432 on the power connector 430 such that it is entirely carried by the frame, Fig. 1-4, 8-11, Col. 5 lines 10-50).
In Reference to Claim 9
The shooting target thrower of claim 1, wherein the power connector and the first power source connector are configured to form an electrical and mechanical connection when the first power source connector is connected to the power connector (removable battery 410 mechanically and electrically clamps 412 that interface with terminals 432 on the power connector 430, Fig. 1-4, 8-11, Col. 5 lines 10-50), and wherein the power connector and the second power source connector are configured to form an electrical and mechanical connection when the second power source connector is connected to the power connector (a second battery 410 may be substituted for the first battery when the first battery needs recharging, each battery having mechanically and electrically coupling clamps 412 that interface with terminals 432 on the power connector 430, Fig. 1-4, 8-11, Col. 5 lines 10-50, Col. 3 lines 3-22).
In Reference to Claim 10
The shooting target thrower of claim 9, wherein the power connector includes a first electrical terminal and a first mechanical coupler (control assembly 400 has a battery interface 430 (power connector) having terminals 432 that mechanically and electrically couple to the power sources/batteries 410, Fig. 1-11, Col. 5 lines 10-50), the first power source connector includes a second electrical terminal and a second mechanical coupler (first battery 410 having pairs of mechanical and electrically coupling clamps 412), and the second power source includes a third electrical terminal and third mechanical coupler (second of the batteries 410 also has pairs of mechanical and electrically coupling clamps 412);
wherein the first and second electrical terminals are configured to electrically connect to one another when the first power source connector is connected to the power connector, and the first and second mechanical couplers are configured to mechanically connect to one another when the first power source connector is connected to the power connector (first removable battery 410 include mechanically and electrically clamps 412 that interface with terminals 432 on the power connector 430, Fig. 1-4, 8-11, Col. 5 lines 10-50);
wherein the first and third electrical terminals are configured to electrically connect to one another when the second power source connector is connected to the power connector, and the first and third mechanical couplers are configured to mechanically connect to one another when the second power source connector is connected to the power connector (second battery 410 is configured to electrically and mechanically connect via clamps 412 that couple with terminals 432 on the power connector 430, Fig. 1-4, 8-11, Col. 5 lines 10-50).
In Reference to Claim 11
The shooting target thrower of claim 1, further comprising a controller supported by the frame, the controller configured to monitor voltage from the power connector and to prevent operation of the electric motor if the voltage from the power connector drops below a predetermined voltage amount (the electronic controller 440 supported on the frame (Fig. 1) may provide feedback regarding the status of the thrower, such as state of charge of a battery (may alert when voltage is too low to fire) and calculate throws remaining based on power draw (wherein no more throws for voltage available would inherently prevent use when below that point), Col. 5 line 51 – Col. 6 line 16).
In Reference to Claim 12
The shooting target thrower of claim 11, wherein the controller is housed within the frame (the electronic controller 400/440 is housed within housing 430/200 within the frame (Fig. 1-6, 8)).
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.
Claims 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Arnold as applied to claim 2 above, and further in view of Lentz US Pub. No. 2007/0023022.
In Reference to Claims 5-8
Arnold teaches:
The shooting target thrower of claim 2, wherein the second power source includes a pair of battery clips configured to clip onto terminals of an external battery (batteries 410 have pairs of clips/clamps 412 thereon, wherein rechargeable lithium-ion batteries in the art are generally recharged by plugging into terminals of a charging unit of another external battery or electrical outlet supply), wherein the second power source includes a power converter configured to convert AC power from the wall receptacle into DC power for the electric motor (rechargeable lithium-ion batteries in the art are generally recharged by plugging into terminals of a charging unit which is plugged into an electrical outlet supply (generally AC power), wherein electric wall outlets are known power sources in the art, Col. 1 lines 63-67)), or a third power source, the third power source having a third power source connector and a pair of battery clips configured to clip onto terminals of an external battery, the third power source connector being releasably connectable to the power connector to deliver electrical power for the electric motor, the first, second, and third power sources being interchangeable with one another for delivering electrical power for the electric motor (either of the numerous batteries or alternative known power sources are interconnectable with the power interface 430 to provide electrical power to the motor 302, Fig. 1-11, Col. 3 lines 3-22, Col. 5 lines 10-50, and the other known power sources including external batteries and wall plug power supplies are known to be used alternative power sources in the art (external batteries connected via pairs of clips (Col. 1 lines 34-50) and electrical outlets (110-120V, Col. 1 lines 63-67))).
Arnold fails to teach:
The second power source specifically having a pair of battery clips configured to clip onto terminals of an external battery, or the second power source includes a plug configured to be plugged into an electrical outlet, the second power source includes a power converter configured to convert AC power from the wall receptacle into DC power for the electric motor, or a third power source, the third power source having a third power source connector and a pair of battery clips configured to clip onto terminals of an external battery, the third power source connector being releasably connectable to the power connector to deliver electrical power for the electric motor, the first, second, and third power sources being interchangeable with one another for delivering electrical power for the electric motor.
Further, Lentz teaches:
A similar shooting target thrower (20/21, Fig. 4, 8, 11), having a frame (20b), spring powered throwing arm (20e), and actuator, the actuator being electrically powered via a power connector supported on the frame (control box 112 having a connector 108) and a connectable power source having a connector that connects to the power connector to supply power to the launcher (107/109/802), the power source being an external battery (cigarette lighter (powered by a car battery), a power plug (AC wall source outlet), solar panels, or any other known power supply equivalent, [0034], [0041]-[0042], Fig. 4, 8, 11)
It would have been obvious to one having ordinary skill in the art to have allowed the thrower to be capable of being connected to alternative power sources via a power connector, such as other alternative batteries (ex. external lead/car batteries, cigarette lighters powered by cars/car batteries), solar panels, or using AC supplied power from plugging into a wall outlet in order to allow the thrower to be used if the batteries run out of energy and as other alternative power sources such as external batteries connected via pairs of clips (Col. 1 lines 34-50) and electrical outlets (110-120V, Col. 1 lines 63-67) are known and commonly used power supply means to power target throwing devices as taught by Arnold and as Lentz teaches that all of these power sources are known and common power supplies in the art ([0034], [0041]-[0042]).
Arnold teaches an interchangeable power source and Arnold (Col. 1 lines 34-50, 63-67) and Lentz ([0034], [0041]-[0042]) teach that other power source types are commonly known and used in the art, and therefore it would have been obvious to one having ordinary skill in the art to have modified the power source of the thrower to have been capable of use with other commonly available and known power supplies, such as AC electrical wall outlet, an externally connected car battery, a cigarette lighter, solar panels, or any other equivalent known power supply means in order to allow the thrower to be operable using different power sources if the lithium batteries of Arnold all ran out of power. Further, it has been held that in order for reliance on equivalence as a rationale supporting an obviousness rejection, the equivalency must be recognized in the prior art, and cannot be based on applicant’s disclosure or the mere fact that the components at issue are functional or mechanical equivalents (In re Ruff, 256 F.2d 590, 118 USPQ 340 (CCPA 1958)). In this case, all of the listed power sources are known equivalent, known, and common power source means in the art and therefore one having ordinary skill in the art would find it obvious to allow use of any of these known power sources.
Claims 13-19 are rejected under 35 U.S.C. 103 as being unpatentable over Arnold et al. US Pat. No. 11,428,510 in view of Lentz US Pub. No. 2007/0023022.
In Reference to Claim 13
Arnold teaches:
A shooting target thrower for throwing a shooting target (clay target thrower 100, Fig. 1-11), the shooting target thrower comprising:
a frame (thrower frame 200);
a throwing arm supported by the frame and rotatable about a throwing axis, the throwing arm rotatable from a cocked position, the throwing arm configured to throw the shooting target as the throwing arm rotates about the throwing axis from the cocked position (throwing arm 330 rotatable about a pivot/axis 318 and powered by spring 360 that moves the arm from a cocked position to fire a loaded target when activated, Col. 4 lines 32 – Col. 5 line 9, Col. 6 lines 17-43, Fig. 1-4, 7);
a throwing spring operatively coupled to the throwing arm, the throwing spring arranged to rotate the throwing arm about the throwing axis to throw the shooting target (throwing arm 330 rotatable about axis 318 and powered by throwing spring 360 that moves the arm from a cocked position to fire a loaded target when activated, Col.5 lines 1-9, Col. 6 lines 17-43, Fig. 1-4, 7);
an electric motor operatively coupled to the throwing arm, the electric motor configured to rotate the throwing arm about the throwing axis toward the cocked position (electric motor 302 rotates the throwing arm to the cocked position against the throwing spring 360 to load the throwing arm for launching, Col. 6 lines 17-43, Fig. 1-10);
a power connector supported by the frame (control assembly 400 has a battery interface 430 (power connector) supported by the frame as it is coupled to the frame, Fig. 1-11, Col. 5 lines 10-50); and
a first power source having a first power source connector and a plug configured to be plugged to an electrical outlet (a 110-120V source (a plug for an electrical wall outlet) is a known power source in place of a battery, Col. 1 lines 63-67), the first power source connector being releasably connectable to the power connector to deliver electrical power for the electric motor (the first power source is generally taught as a removable battery 410 having clamps 412 that interface with terminals 432 on the power connector 430, Fig. 1-4, 8-11, Col. 5 lines 10-50, wherein the batteries may be recharged via electrical wall outlets as is known in the art).
Arnold fails to teach:
The first power source being specifically a plug configured to be plugged to an electrical outlet.
Further, Lentz teaches:
A similar shooting target thrower (20/21, Fig. 4, 8, 11), having a frame (20b), spring powered throwing arm (20e), and actuator, the actuator being electrically powered via a power connector supported on the frame (control box 112 having a connector 108) and a connectable power source having a connector that connects to the power connector to supply power to the launcher (107/109/802), the power source being an external battery (cigarette lighter (powered by a car battery), a power plug (AC wall source outlet), solar panels, or any other known power supply equivalent, [0034], [0041]-[0042], Fig. 4, 8, 11)
It would have been obvious to one having ordinary skill in the art to have allowed the thrower to be connected to alternative power sources via the power connector, such as other alternative batteries (ex. external lead/car batteries, cigarette lighters powered by cars/car batteries), solar panels, or using AC supplied power from plugging into a wall outlet in order to allow the thrower to be used if the batteries run out of energy and as other alternative power sources such as external batteries connected via pairs of clips (Col. 1 lines 34-50) and electrical outlets (110-120V, Col. 1 lines 63-67) are known and commonly used power supply means to power target throwing devices as taught by Arnold and as Lentz teaches that all of these power sources are known and common power supplies in the art ([0034], [0041]-[0042]).
Arnold teaches an interchangeable power source and Arnold (Col. 1 lines 34-50, 63-67) and Lentz ([0034], [0041]-[0042]) teach that other power source types are commonly known and used in the art, and therefore it would have been obvious to one having ordinary skill in the art to have modified the power source of the thrower to have been capable of use with other commonly available and known power supplies, such as AC electrical wall outlet, an externally connected car battery, a cigarette lighter, solar panels, or any other equivalent known power supply means in order to allow the thrower to be operable using different power sources if the lithium batteries of Arnold all ran out of power. Further, it has been held that in order for reliance on equivalence as a rationale supporting an obviousness rejection, the equivalency must be recognized in the prior art, and cannot be based on applicant’s disclosure or the mere fact that the components at issue are functional or mechanical equivalents (In re Ruff, 256 F.2d 590, 118 USPQ 340 (CCPA 1958)). In this case, all of the listed power sources are known equivalent, known, and common power source means in the art and therefore one having ordinary skill in the art would find it obvious to allow use of any of these known power sources.
In Reference to Claims 14-15
Arnold as modified by Lentz teaches:
The shooting target thrower of claim 13, wherein the first power source includes a power converter configured to convert AC power from the electrical outlet into DC power for the electric motor, wherein the power converter is configured to convert 110 volt AC to 12 volt DC (the rechargeable lithium-ion batteries (12V DC power) in the art are generally recharged by plugging into terminals of a charging unit which is plugged into an electrical outlet supply (generally AC power), wherein electric wall outlets are known power sources in the art, Col. 1 lines 63-67), Lentz: the power connector 107/109/802 connects to the power source being an external battery (cigarette lighter (powered by a car battery), a power plug (AC wall source outlet), solar panels, or any other known power supply equivalent, [0034], [0041]-[0042], Fig. 4, 8, 11 as modified and discussed above).
In Reference to Claim 16
Arnold as modified by Lentz teaches:
The shooting target thrower of claim 13, further comprising a second power source having a second power source connector, the second power source connector being releasably connectable to the power connector to deliver electrical power for the electric motor, the first and second power sources being interchangeable with one another for delivering electrical power for the electric motor (a second battery 410 of Arnold may be substituted for the first battery when the first battery needs recharging, each battery having mechanically and electrically coupling clamps 412 that interface with terminals 432 on the power connector 430, Fig. 1-4, 8-11, Col. 5 lines 10-50, Col. 3 lines 3-22, as modified and discussed above).
In Reference to Claim 17
Arnold as modified by Lentz teaches:
The shooting target thrower of claim 16, wherein the second power source includes a pair of battery clips configured to clip onto terminals of an external battery (either of the numerous batteries of Arnold or alternative known power sources are interconnectable with the power interface 430 to provide electrical power to the motor 302, Fig. 1-11, Col. 3 lines 3-22, Col. 5 lines 10-50, and the other known power sources including external batteries having clips and wall plug power supplies are known to be used alternative power sources in the art (external batteries connected via pairs of clips (Col. 1 lines 34-50) and electrical outlets (110-120V, Col. 1 lines 63-67), as modified and discussed above).
In Reference to Claim 18
Arnold as modified by Lentz teaches:
The shooting target thrower of claim 13, further comprising a controller supported by the frame, the controller configured to monitor voltage from the power connector and to prevent operation of the electric motor if the voltage from the power connector drops below a predetermined voltage amount (Arnold: the electronic controller 440 supported on the frame (Fig. 1) may provide feedback regarding the status of the thrower, such as state of charge of a battery (may alert when voltage is too low to fire) and calculate throws remaining based on power draw (wherein no more throws for voltage available would inherently prevent use when below that point), Col. 5 line 51 – Col. 6 line 16).
In Reference to Claim 19
Arnold as modified by Lentz teaches:
The shooting target thrower of claim 18, wherein the controller is housed within the frame (Arnold: the electronic controller 400/440 is housed within housing 430/200 within the frame (Fig. 1-6, 8)).
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, Wright (2022/0018637) teaches a similar shooting target thrower with a power connector having pairs of clips attachable to an external battery and that any power source may be used ([0088], Fig. 1), Collins (10,545,011) teaches that AC and DC motors may be used in shooting target throwers (Col. 7 lines 22-30), Band (1,903,667) teaches a similar shooting targe thrower connectable to an AC circuit using a plug, and Cero (4,831,996) teaches a similar shooting target thrower connectable to a car battery/cigarette lighter or similar power means.
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