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
In an amendment filed 6/29/2026, Applicant amended claims 1, 5-7, and added new claims 20-23. Claims 1-23 are pending and are currently being examined.
Claim Interpretation
3. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “power connector”, “first power source”, “first power source connector”, “second power source”, and “second power source connector” in claim 1 and “power connector”, “first power source”, “first power source connector” in claim 13.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. In this case:
The “power connector” being a means of connecting power disclosed as a power connector 140 having an electrical terminal 142 with electrical contacts 144, a mechanical coupler 146, and a slot 148, [0068]-[0071], Fig. 23-26.
The “first power source” being a first means for providing power disclosed as an on-board battery (lithium-ion), a remote battery, or a household electric wall outlet (AC source), [0068]-[0074], Fig. 23-26.
The “first power source connector” being a first means for connecting power from a first means for providing power being disclosed as one of a mechanical coupler, clip, ramp (158/164/166/174, Fig. 23-24) for an on-board battery (lithium-ion), or 158 of Fig. 25, or 158 of Fig. 26).
The “second power source” being a second means for providing power disclosed as another of an on-board battery (lithium-ion), a remote battery, or a household wall outlet, [0068]-[0074], Fig. 23-26.
The “second power source connector” being a second means for connecting power from a second means for providing power disclosed as another of a mechanical coupler, clip, ramp (158/164/166/174, Fig. 23-24) for an on-board battery (lithium-ion), or 158 of Fig. 25, or 158 of Fig. 26).
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-12 and 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Arnold US Pat. No. 11,428,510 in view of Lentz US Pub. No. 2007/0023022 and Cartee et al. US Pat. No. 4,890,847.
In Reference to Claim 1
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 is a power connector and includes a battery interface 430 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).
Arnold fails to teach:
The second power source being a different type than the first power source and the first and second power source connectors being interchangeably connectable to the power connector for delivering electrical power for the electric motor.
Further, Lentz teaches:
A shooting target thrower (for throwing a shooting target (shooting target thrower 20 or 21, Fig. 1-15), the shooting target thrower comprising:
a frame (base 20c and mount 20b form a frame that supports the throwing arm);
a throwing arm supported by the frame and rotatable about a throwing axis (throwing arm 20e rotatable about an axis (ex. Fig. 9), the throwing arm rotatable from a cocked position (ex. Fig. 4, Fig. 9, ref. 4, [0033], etc.), the throwing arm configured to throw the shooting target as the throwing arm rotates about the throwing axis from the cocked position (solenoid or other trigger means release the cocked arm and loaded target to throw the target when activated, Fig. 3-4, 9, abstract, [0022], [0033]);
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 (spring 20a rotates the throwing arm about the axis to launch the loaded targets, ex. Fig. 4, 7, 9, [0033]);
a means to rotate the throwing arm about the throwing axis toward the cocked position (arm 20e is rotated to the cocked position, [0004]-[0005], [0033], [0052], Fig. 4, 9);
a power connector supported by the frame (control box 112 having a connector 108 is mounted to the frame, ex. Fig. 4-6, 11-13, 15); and
a first power source having a first power source connector (107/109/802) and a plug configured to be plugged to an electrical outlet, the first power source connector being releasably connectable to the power connector to deliver electrical power for the electric parts of the thrower (a power plug (AC wall household power outlet [0041]), cigarette lighter (powered by a car battery), solar panels, or any other known power supply equivalent, [0034], [0041]-[0042], Fig. 4, 8, 11, is connectable to the control box. For example, power connector input 108 on the control box receives a cord/wire 107 having a plug 109 at the other end, wherein that power plug would more commonly be known as an electrical outlet plug for a standard AC wall source, [0034], [0041]) 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, the first and second power sources being interchangeable with one another for delivering electrical power for the electric motor via first and second power connectors that alternatively connect to the power connector of the thrower (a second different power source, such as wall plug for a household electrical outlet, or a cigarette lighter adapter 109 having cord and connector 107 may be inserted into power connector 108 of the control box to interchangeably power the target thrower, and other similar power sources are also connectable to the control box to power the electric components of the throwing device, such as an external battery or a car battery, solar panels, or any other known power supply equivalent, [0034], [0041]-[0042], Fig. 4, 8, 11).
Further, Cartee teaches:
A similar electric motor powered target device having a power connector (power connector 32/52) that may be powered by a first power source (batteries 38 provided in and electrically connected to the motor 34 within the housing) and a second power source (wall outlet plug 56/58), wherein the second power source being connectable to an electrical outlet and having electrical wires (58) and having a power connector having a mechanical and electrical connecting portion at one end removably connectable to the device (plug 60 has a housing and an electrical plug that is inserted and frictionally retained within power connector 61 of the device at one end) and a second end having an electrical outlet wall housing/transformer (56) and electrical plug (62) to convert electric power from a wall outlet to the motor alternatively to the provided battery power source (Col. 6 lines 5-55, Fig. 1-2)).
It would have been obvious to one having ordinary skill in the art to have allowed the thrower device to be capable of being connected to alternative power sources via a power connector, such as other known alternatives such as 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 device 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 (Arnold: Col. 1 lines 34-50) and electrical outlets (Arnold: 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 that are interchangeably and alternatively usable and connectable to a power connector of a throwing device to power a target thrower in the art ([0034], [0041]-[0042]) and as Cartee teaches battery power sources and alternative/additional removable electrical outlet connectors are known and common to provide power to an electrical motor device (Col. 6 lines 5-55).
Arnold teaches it would be desirable to provide an interchangeable power source and Arnold (Col. 1 lines 34-50, 63-67) and Lentz ([0034], [0041]-[0042]) and Cartee (Col. 6 lines 5-55) teach that other power source types are commonly known and used in the art and are known to alternatively provide power to electric motor powered devices, 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 would inherently and obviously include a respective connecting means and may be alternatively connected to power an electric motor powered device and therefore one having ordinary skill in the art would find it obvious to allow use of any of these known power sources and one having ordinary skill in the art would understand how to modify the connections as needed to provide the desired alternative power to the device such as the exact arrangement, design, or placement of the respective power connections as it has been held that rearranging parts of an invention involves only routine skill in the art (In re Japikse, 86 USPQ 70), mere duplication of the essential working parts of a device involves only routine skill in the art (St. Regis Paper Co. v. Bemis Co., 193 USPQ 8), and it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art (Nerwin v. Erlichman, 168 USPQ 177, 179).
In Reference to Claim 2
Arnold as modified by Lentz and Cartee teaches:
The shooting target thrower of claim 1, wherein the first power source comprises a battery (Arnold: lithium-ion batteries 410, Col. 3 lines 3-22, Col. 5 lines 38-42, Lentz and Cartee also teach the use of batteries as power sources as discussed above).
In Reference to Claim 3
Arnold as modified by Lentz and Cartee teaches:
The shooting target thrower of claim 2, wherein the battery comprises a lithium-ion battery (Arnold: lithium-ion batteries 410, Col. 3 lines 3-22, Col. 5 lines 38-42).
In Reference to Claim 4
Arnold as modified by Lentz and Cartee teaches:
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 (Arnold: 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, and Cartee also teaches batteries carried by the frame).
In Reference to Claims 5-8
Arnold as modified by Lentz and Cartee teaches:
The shooting target thrower of claim 1, wherein the second power source includes a pair of battery clips and electric cabling that electrically connects the pair of battery clips to the second power source connector, the battery clips configured to clip onto the terminals of an external battery (Arnolds, 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, Lentz has power cord 107 with power source connector 109 couple to the battery, which may also be a car battery, which is known to have two terminals that clips are commonly coupled to, and each alternative power source also may include a respective cord and connector to the power connector of the device [0034], [0041], Fig. 4-5, 11-12), wherein the second power source includes a plug and electrical cabling that electrically connects the plug to the second power source connector, the plug configurated to be plugged into an electrical outlet (Lentz and Cartee show each second power source being coupled to the power connector of the device using its own respective cord and connector to allow the use of each alternative power source to power the electric device as discussed above), wherein the second power source includes a power converter configured to convert AC power from the electrical outlet/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 (Lentz: power connector input 108 on the control box receives a cord/wire 107 having a plug 109 at the other end, wherein that power plug would more commonly be known as an electrical outlet plug for a standard AC wall source, [0034], [0041] and Cartee also shows a connector that is inserted and frictionally retained within power connector 61 of the device at one end and a second end having an electrical outlet wall transformer/converter 56 and electrical plug 62 to convert electric power from a wall outlet to the motor alternatively to the provided battery power source (Col. 6 lines 5-55, Fig. 1-2)), 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 (Arnold: Col. 1 lines 34-50) and electrical outlets (Arnold: 110-120V, Col. 1 lines 63-67) and may include a power connector that each alternative power source connector (107) may connect to the power connector 108 which may be connected to batteries, including car batteries, which have two connection points that clips are generally known and commonly attachable thereto).
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 and respective cords and power source connectors to allow 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 as taught and discussed by Lentz as teaches these different connectable power sources may have connecting means attachable to the same power connector of the device. Arnold teaches an interchangeable power source and that batteries having terminals connected to the device via clips and a cord and Lentz teach that other power source types having respective connectors 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 using respective connector 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. In this case, all of the listed power sources are known equivalent, known, and common power source means in the art, and each reference teaches that use of different power sources is known and desired and having respective connectors for each power source is known and taught as discussed above, and therefore one having ordinary skill in the art would find it obvious to allow use of any of these known power sources using respective known connecting means to alternatively power the electric components of the device.
In Reference to Claim 9
Arnold as modified by Lentz and Cartee teaches:
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 (Arnold: 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, Lentz: plug 108 mechanically and electrically connect to the end of 107 to connect the respective power source to the power connector using a respective alternative source power connector as does Cartee (60/61, Fig. 1-2)), 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), Lentz: plug 108 mechanically and electrically connect to the end of 107 to connect the other power source(s) via the respective alternative source power connector at the same power connector 108 as does Cartee (60/61, Fig. 1-2).
In Reference to Claim 10
Arnold as modified by Lentz and Cartee teaches:
The shooting target thrower of claim 9, wherein the power connector includes a first electrical terminal and a first mechanical coupler (Arnold: 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 (Arnold: 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 (Arnold: second of the batteries 410 also has pairs of mechanical and electrically coupling clamps 412, Lentz: power connector/plug 108 mechanically and electrically connect to the end of 107 to connect the respective power source to the power connector using a respective alternative source power connector as does Cartee (60/61, Fig. 1-2));
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 (Arnold: 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, Lentz: power connector/plug 108 mechanically and electrically connect to the end of 107 forming respective terminals to connect the respective power source to the power connector using a respective alternative source power connector as does Cartee (60/61, Fig. 1-2));
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, Lentz: power connector/plug 108 mechanically and electrically connect to the end of 107 forming respective terminals to connect the respective power source to the power connector using a respective alternative source power connector as does Cartee (60/61, Fig. 1-2)).
In Reference to Claim 11
Arnold as modified by Lentz and Cartee teaches:
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 (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, Lentz: control box having a controller to monitor the circuit, ex. Fig. 8A).
In Reference to Claim 12
Arnold as modified by Lentz and Cartee teaches:
The shooting target thrower of claim 11, 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), Lentz: controller is housing within the control box housing on the frame).
In Reference to Claim 20
Arnold as modified by Lentz and Cartee teaches:
The shooting target thrower of claim 5, wherein the second power source includes a housing connected to the electrical cabling, and the second power source connector is on the housing (Arnold: each battery 410 is configured to electrically and mechanically connect via clamps 412 on the housing of the battery that couple with terminals 432 on the power connector 430, Fig. 1-4, 8-11, Lentz: power source(s) such as external batteries connect at one end to connector 109 to connects to the power source and electrical cabling 107 to connect to the thrower, wherein the thrower connecting end has a housing/plug that connects to power connector 108, Cartee: power source cord 58 has a housing 56 with terminals 62 to connect to the electrical outlet and a housing/plug at 60/61).
In Reference to Claim 21
Arnold as modified by Lentz and Cartee teaches:
The shooting target thrower of claim 20, wherein the power connector includes a first electrical terminal and a first mechanical coupler (Arnold: 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, Lentz: power connector 108 mechanically and electrically couple via terminals to the power source connector, Cartee: plug 61 electrically and mechanically couple to the power source connector 60), wherein the second power source connector includes a second electrical terminal configured to electrically connect to the first electrical terminal of the power connector and a second mechanical coupler configured to mechanically secure to the first mechanical coupler of the power connector (Arnold: 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, Lentz: power connector 108 mechanically and electrically couple via terminals to the power source connector of each respective power source (second, third, etc.), Cartee: plug 61 electrically and mechanically couple to the power source connector 60).
In Reference to Claim 22
Arnold as modified by Lentz and Cartee teaches:
The shooting target thrower of claim 20, wherein the electrical cabling has a proximal end and a distal end, wherein the housing is connected to the proximal end of the electrical cabling and the pair of battery clips is connected to the distal end of the electrical cabling (the plugs/housing at the power connector are at one end of the wiring 107 of Lentz or 58 of Cartee and the distal ends have the power source connections/plugs 109 of Lentz of 58 of Cartee or other known connecting means to connect to that respective power source, such as clips for a car battery or other two terminal battery source as needed as described previously above).
Claims 13, 16-19, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Lentz US Pub. No. 2007/00230220 in view of Arnold et al. US Pat. No. 11,428,510.
In Reference to Claim 13
Lentz teaches:
A shooting target thrower (for throwing a shooting target (shooting target thrower 20 or 21, Fig. 1-15), the shooting target thrower comprising:
a frame (base 20c and mount 20b form a frame that supports the throwing arm);
a throwing arm supported by the frame and rotatable about a throwing axis (throwing arm 20e rotatable about an axis (ex. Fig. 9), the throwing arm rotatable from a cocked position (ex. Fig. 4, Fig. 9, ref. 4, [0033], etc.), the throwing arm configured to throw the shooting target as the throwing arm rotates about the throwing axis from the cocked position (solenoid or other trigger means release the cocked arm and loaded target to throw the target when activated, Fig. 3-4, 9, abstract, [0022], [0033]);
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 (spring 20a rotates the throwing arm about the axis to launch the loaded targets, ex. Fig. 4, 7, 9, [0033]);
a means to rotate the throwing arm about the throwing axis toward the cocked position (arm 20e is rotated to the cocked position, [0004]-[0005], [0033], [0052], Fig. 4, 9);
a power connector supported by the frame (control box 112 having a connector 108 is mounted to the frame, ex. Fig. 4-6, 11-13, 15); and
a first power source having a first power source connector (107/109/802) and a plug configured to be plugged to an electrical outlet, the first power source connector being releasably connectable to the power connector to deliver electrical power for the electric parts of the thrower (a power plug (AC wall household power outlet [0041]), cigarette lighter (powered by a car battery), solar panels, or any other known power supply equivalent, [0034], [0041]-[0042], Fig. 4, 8, 11, is connectable to the control box. For example, power connector input 108 on the control box receives a cord/wire 107 having a plug 109 at the other end, wherein that power plug would more commonly be known as an electrical outlet plug for a standard AC wall source, [0034], [0041]).
Lentz fails to teach:
An electric motor that rotates the throwing arm towards the cocked position.
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 (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).
It would have been obvious to one having ordinary skill in the art to have modified the target thrower of Lentz to have included an electric motor to rotate the throwing arm to the cocked position in order to allow the arm to be more easily loaded into the cocking position as is known and common in the art and as taught by Arnold (Col. 6 lines 17-43, Fig. 1-10).
In Reference to Claim 16
Lentz as modified by Arnold 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 (Lentz: a second different power source, such as a cigarette lighter adapter 109 having cord and connector 107 may be inserted into power connector 108 of the control box to interchangeably power the target thrower, and other similar power sources are also connectable to the control box to power the electric components of the throwing device, such as an external battery or a car battery, solar panels, or any other known power supply equivalent, [0034], [0041]-[0042], Fig. 4, 8, 11 as modified and discussed above, and further Arnold teaches that lithium batteries are also known and capable of powering the electronic components of an target thrower battery 410 having 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 17
Lentz as modified by Arnold 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 power sources of Lentz and batteries of Arnold or alternative known power sources are interconnectable with the control box to provide electrical power to the motor as modified above, 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 (Arnold: 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
Lentz as modified by Arnold 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).
It would have been obvious to one having ordinary skill in the art to have modified the target thrower of Lentz to have included a voltage monitoring controller 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 in order to make the device safer to use and prevent underpowered firing as this is a commonly known and used device in the art as taught by Arnold (Col. 5 line 51 – Col. 6 line 16).
In Reference to Claim 19
Lentz as modified by Arnold teaches:
The shooting target thrower of claim 18, wherein the controller is housed within the frame (Lentz: the control box is placed as part of the frame member and the electric components are held therein, and Arnold shows the electronic controller 400/440 is housed within housing 430/200 within the frame (Fig. 1-6, 8) which would be within the control box of the frame as needed and protected for Lentz as is known and taught by Arnold).
In Reference to Claim 23
Lentz as modified by Arnold teaches:
The shooting target thrower of claim 13, wherein the first power source includes a housing and electrical cabling that electrically connects the plug to the housing, and the first power source connector is on the housing (Lentz: power connector 108 is on the housing control box and the power source connector 107/109 has a cord and plug to plug into the household electrical outlet as described above).
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Lentz and Arnold as applied to claim 13 above, and further in view of Cartee US Pat. No. 4,890,847.
In Reference to Claims 14-15
Lentz as modified by Arnold 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 power source may be a household power outlet (which is AC power) and therefore inherently Lentz would need a converter to allow it to function as discussed and to turn that power into 12V DC as is known to operate the electric motor).
Further, Cartee teaches:
A similar electric motor powered target device having a power connector (power connector 32/52) that may be powered by a first power source (batteries 38 provided in and electrically connected to the motor 34 within the housing) and a second power source (wall outlet plug 56/58), wherein the second power source being connectable to an electrical outlet and having electrical wires (58) and having a power connector having a mechanical and electrical connecting portion at one end removably connectable to the device (plug 60 has a housing and an electrical plug that is inserted and frictionally retained within power connector 61 of the device at one end) and a second end having an electrical outlet wall housing/transformer/converter (56) and electrical plug (62) to convert electric 110C AC power from a wall outlet to the motor alternatively to the provided motor using 12V DC battery power (Col. 6 lines 5-55, Fig. 1-2).
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 (Arnold: Col. 1 lines 34-50) and electrical outlets (Arnold: 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]) and as Cartee teaches battery power sources and alternative/additional removable electrical outlet connectors are known and common to provide power to an electrical motor device (Col. 6 lines 5-55).
Lentz and Arnold teach that it would be desirable to provide an interchangeable power source and Arnold (Col. 1 lines 34-50, 63-67) and Lentz ([0034], [0041]-[0042]) and Cartee (Col. 6 lines 5-55) teaches that other alternatively usable power source types are commonly known and used in the art and are known to alternatively provide power to electric motor powered devices, 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 (and included the necessary electric components that one having ordinary skill in the art would understand were inherent to allow for use of the different power sources) 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 some of the power sources were not available or depleted.
Response to Arguments
Applicant’s arguments, see pages 7-11, filed 6/29/2026, with respect to the rejection(s) of claim(s) 1-12 under 102 (Arnold) have been fully considered and are persuasive in light of the amendments. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Arnold, Lentz, and Cartee.
Applicant’s arguments, see pages 7-11, filed 6/29/2026, with respect to the rejection(s) of claim(s) 13-19 under 103 (Arnold/Lentz) have been fully considered. Upon further consideration, a new ground(s) of rejection is made in view of Lentz and Arnold as this appears to be a clearer combination of the prior art for these claims. Because the rejection has been modified, this action is non-final.
However, it is noted that the examiner does not agree with the assertation that the cited prior art does not teach the claimed invention and/or that the combination of prior art references would not be obvious to one having ordinary skill in the art.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986) and in response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, one having ordinary skill in the art would look to other similar prior art to allow for alternative and additional power source options in order to allow the device to be usable when battery power is lost or depleted so that the device may still be used when battery power is no longer available. This is a known and common motivation to allow for the use of additional alternative power sources in the art and therefore one having ordinary skill in the art would look to the other cited and discussed relevant prior art to solve this problem and one having ordinary skill in the art would understand based on the alternatively connected power sources how to provide the power from these power sources and connect them to the target thrower device as discussed in the rejections above.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., specific details of the power connector and power source connectors) are not recited in the independent claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The claims require the power connectors connecting to respective power connectors of respective power sources to alternatively provide power to the throwing device. This is taught by the prior art as explained above and one having ordinary skill in the art would understand how to modify the prior art references to be capable of functioning properly to allow the devices to perform and operate while using the alternative and/or interchangeable power sources of varying types. One having ordinary skill in the art would understand how to connect the discussed power sources to power the target throwing device as the prior art specifically discusses that different power sources are capable of being used with the devices, some of which are purely interchangeable using known power converting connections and/or voltage modification means, all of which are known and common to one having ordinary skill in the art, who would understand how to rearrange the parts as needed to allow the provided known diverse power sources to power the thrower as each prior art reference teaches that known alternative power sources may be used to power the devices, and Lentz, Arnold, and Cartee specifically teach that electric components may be used to covert the respective power from the power source, such as from AC to DC, to power the device and alternatively use battery power to power the device. Which inherently includes the same power components as argued to allow the device to function properly using the various power sources.
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, McKendrick (8,678,955) teaches a throwing device having alternative power sources of on board lithium-ion batteries and electrical cords for electrical outlets, (190/290, Fig. 11, Col. 9 lines 16-57), 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.
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/ALEXANDER R NICONOVICH/Primary Examiner, Art Unit 3711
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