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 .
Election/Restrictions
Applicant’s election without traverse of group I (claims 1-9 and 15-20) in the reply filed on 1/13/2026 is acknowledged.
Claims 10-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 1/13/2026.
Status of Claims
Claims 1-20, refiled 1/13/2026, are pending with claims 10-14 being withdrawn from consideration as elected. Claims 1-9 and 15-20 and are currently being examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/5/2024 was filed before the mailing date of the first office action on the merits. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 1 is objected to because of the following informalities: in line 10, “multiple axis” should read “multiple axes”. Appropriate correction is required.
Claim 17 is objected to because of the following informalities: in line 8, “multiple axis” should read “multiple axes”. Appropriate correction is required.
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, 9, and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eckert et al. US Pat. No. 7,314,045.
Eckert teaches:
In Reference to Claim 1
An archery release device (archery release 10, Fig. 1-5a), comprising:
a casing having one or more interior surfaces disposed within the casing and positioned to at least partially define a socket (hollow casing/housing 40 having an internal socket to house all the internal components therein);
a generally at least partially spherical body rotatable within the socket (partially spherical shaped pivotal means 58 with spherical balls 64 are rotatable within the casing socket to allow the trigger and housing to pivot/rotate relative to the pivotal means);
a trigger operably connected to the generally at least partially spherical body (trigger lever 22 is operatively coupled to the pivot means 58/64 via trigger receiver 26 and tab/ring 24 which engages and rotates about the pivot means 58/64) and extending outside the casing, wherein the trigger is movable along multiple axes to rotate the generally at least partially spherical body at least partially within the socket (trigger lever 22 extends out of the casing to allow a user to actuate the device, the trigger is movable to any orientation about the central axis (therefore movable/actuatable along multiple axes) by rotation relative the pivot means 58/64, which rotate to the trigger and casing to allow the trigger to be actuated about any pivotal axis about 360 degrees about the central shooting axis (each orientation/degree would have a different pivotal axis), Col. 5 line 34 – Col. 6 line 6, Col. 7 lines 1-43); and
a release member pivotally secured to the casing and selectively adjustable between a closed orientation and an open orientation responsive to movement of the trigger along any axis of the multiple axis (trigger lever 22 extends out of the casing to allow a user to actuate the device, the trigger is movable to any orientation about the central axis (therefore movable/actuatable along multiple axes) by rotation relative the pivot means 58/64, which rotate relative to the trigger and casing to allow the trigger to be actuated about any pivotal axis about 360 degrees about the central shooting axis (each orientation/degree would have a different pivotal axis), Col. 5 line 34 – Col. 6 line 6, Col. 7 lines 1-43).
In Reference to Claim 2
The archery release device of claim 1, further comprising a tab protruding from the generally at least partially spherical body and disposed within the casing (ring 24 protrudes and extends above the pivot 58/64 on the end opposite the trigger lever 22 within the casing), wherein movement of the trigger along any axis of the multiple axes displaces the tab within the casing and the release member is positioned such that displacement of the tab within the casing pivots the release member from the closed orientation to the open orientation (movement of trigger lever 22 causes the tab 24 to displace about the pivot axis within the casing to actuate the jaws 30 between the closed and open positions, Fig. 3-5a, Col. 5 line 34 – Col. 6 line 6, Col. 7 lines 1-43).
In Reference to Claim 3
The archery release device of claim 2, further comprising one or more biasing elements positioned in the casing between the tab and the release member such that the one or more biasing elements retain the release member in the closed orientation until the trigger is moved along any axis of the multiple axes to displace the tab (bias springs 54/56 provide a force on the components between the tab and the jaws to keep the release jaws 30 in the closed position, Fig. 3-4a, Col. 7 line 65 – Col. 8 line 10).
In Reference to Claim 4
The archery release device of claim 3, further comprising a first rod disposed in the casing at least proximate to the tab, wherein the one or more biasing elements includes at least a first spring disposed at least partially around the first rod, the first spring being positioned to bias the first rod towards the tab (springs 54/56 are disposed about rod 66 within the casing which is near/proximate tab 24, Fig. 3-5a).
In Reference to Claim 9
The archery release device of claim 1, wherein: the one or more interior surfaces are curved complementary to at least a portion of the generally at least partially spherical body (the casing 40 interior is rounded to a shape complementary to the rounded pivot means 58/64);
the casing includes one or more walls defining a first notch proximate to the release member (the front of the casing 40 has a jaw cup/notch where the release jaws are disposed); and
the release member is pivotally secured to the casing proximate to the first notch and includes a first arm (pivotal jaws 30 each form arms and are positioned in the front notch/opening of the casing), a base opposite to the first arm (the rear end of arms 30 opposite the string holding distal ends), and a second notch disposed between the base and the first arm (each jaw 30 has a cutout/notch therein to receive 75/76 therein between the front and rear ends of the jaw),
wherein when the release member is in the closed orientation the first notch of the casing and the second notch of the release member are aligned to form an enclosed through hole defined by the first arm of the release member and the one or more walls of the casing defining the first notch of the casing, the through hole being sized to hold and retain the bowstring therein when the release member is in the closed orientation (when closed, Fig. 3-4a, the casing and jaws form an enclosed hole to hold a bowstring therein).
In Reference to Claim 15
A release device (archery release 10, Fig. 1-5a), comprising:
a casing (hollow casing/housing 40 having an internal socket to house all the internal components therein);
a release member pivotally secured to the casing and selectively adjustable between a closed orientation that secures a tensioned element to the release device and an open orientation the releases the tensioned element from the release device (release member is formed by jaws 30 which are pivotally coupled to the casing via pivot 75/76 in jaw cup 72 to selectively hold and release a tensioned bow string therein, Fig. 3-5a, Col. 3 lines 53-64, Col. 9 line 66 – Col. 10 line 40)); and
a trigger assembly (lever 22, retainer 28, and ring/tab 24) having one or more components disposed within the casing and a trigger extending outside the casing and movable along multiple axes, wherein the one or more components of the trigger assembly are positioned in the casing such that, when the tension element is secured to the release device with the release member, movement of the trigger along any axis of the multiple axes pivots the release member from the closed orientation to the open orientation (trigger lever 22 extends out of the casing to allow a user to actuate the device between open and closed jaw positions (Fig. 4-5a), the trigger is movable to any orientation about the central axis (therefore movable/actuatable along multiple axes) by rotation relative the pivot means 58/64, which rotate relative to the trigger and casing to allow the trigger to be actuated about any pivotal axis about 360 degrees about the central shooting axis (each orientation/degree would have a different pivotal axis), Col. 5 line 34 – Col. 6 line 6, Col. 7 lines 1-43).
In Reference to Claim 16
The archery release device of claim 15, wherein the one or more components of the trigger assembly include at least a generally at least partially spherical body disposed at least partially within the casing (partially spherical shaped pivotal means 58 with spherical balls 64 are rotatable within the casing socket to allow the trigger and housing to pivot/rotate relative to the pivotal means) and a rod disposed within the casing and movable responsive to the trigger being moved along any axis of the multiple axes and rotating the generally at least partially spherical body within the casing (drive pin/rod 62 is moved by actuation of the trigger along any axes to actuate the release means).
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 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Eckert as applied to claim 4/16 above, and further in view of Summers et al. US Pat. No. 6,484,710.
In Reference to Claim 5
Eckert teaches:
The archery release device of claim 4, further comprising: a button disposed at least partially within a chamber in the release member (button 75/76 is positioned within a cutout/chamber in the release jaws 30); and wherein the release member, the first rod, and the first spring are positioned such that displacement of the tab in the casing compresses the first spring (tab 24 is displaced to compress spring 54/56 to release the jaws).
Eckert fails to teach:
A second spring disposed within the chamber of the release member and positioned to bias the button outward from the chamber, wherein the casing includes a stop positioned to engage with the button when the button is biased outward from the chamber in the release member to retain the release member in the closed orientation, and the second spring effective to compress the button within the chamber of the release member to disengage the button from the stop of the casing.
Further, Summers teaches:
A similar archery release device (Fig. 1a-1b) comprising: a button disposed at least partially within a chamber in the release member (button 32 is positioned within a cutout/chamber in the release jaws 22/24); and a second spring disposed within the chamber of the release member and positioned to bias the button outward from the chamber (bias spring 28b biases button 32 out of the chamber of the jaws to interact with rod 30); wherein the casing includes a stop positioned to engage with the button when the button is biased outward from the chamber in the release member to retain the release member in the closed orientation (casing portion 34 retains the upper release member 22 in the closed position therefore indirectly engaging the button when the button is biased outward from the chamber, Fig. 1a), and
wherein the release member, the first rod, and the first spring are positioned such that displacement of the tab in the casing uncompresses the first spring (tab 36 is displaced by trigger lever 38 to release rod 26/30 using spring 28a to compress the button 32 within the chamber therefore releasing the jaws to the open configuration, Fig. 1b) and
the second spring effective to compress the button within the chamber of the release member to disengage the button from the stop of the casing (spring 28b compresses such that button 32 disengages from the ends of jaws 212/214 so it may be pivoted away from the stop of the casing 34 to pivot the jaws to the open configuration).
It would have been obvious to one having ordinary skill in the art to have modified the invention of Eckert to have included a button within a cavity of the release member movable from outside the cavity to inside the cavity to release the release member jaws between closed and open configurations as this is a commonly known and used release member moving means in the art and substitution of other known movable means with other known moving means is obvious to one having ordinary skill in the art and would allow the jaws to be immediately biased to the closed position regardless of the position of the other parts of the release as taught by Summers (Col. 5 line 44 – Col. 6 line 38).
In Reference to Claim 6
Eckert as modified by Summers teaches:
The archery release device of claim 5, further comprising an arm extending from the first rod and a second rod extending from the arm, wherein the second rod is positioned in the casing to contact the button such that, when the trigger is moved along any axis of the multiple axes, displacement of the tab compresses the first spring and the second rod exerts a force on the button effective to compress the second spring and disengage the button from the casing (Eckert: movement of trigger lever 22 causes the tab 24 to displace about the pivot axis and engage the first rod 66 within the casing to actuate the jaws 30 between the closed and open positions, Fig. 3-5a, Col. 5 line 34 – Col. 6 line 6, Col. 7 lines 1-43, as modified for the second arm/rod to push the biased button of Summers into the release above, wherein any member between 66 and the bias button engaging rod of Summers would be considered an arm member (such as 62 of Eckert)).
In Reference to Claim 7
Eckert as modified by Summers teaches:
The archery release device of claim 6, wherein the casing includes one or more cavities housing the first rod, the first spring, the arm, and the second rod shaped to allow movement of the first rod, the second rod, and the arm responsive to displacement of the tab (Eckert: the casing 40 allows for movement of the tab (24), at least partially spherical body (58/64), and trigger 22 to pivot the release jaws between the closed and open positions, as does the casing of Summers), the one or more cavities being shaped to cause compression of the first spring responsive to displacement of the tab (Eckert: the spring 54/56 is compressed in a cavity within the casing responsive to displacement of tab 24).
In Reference to Claim 8
Eckert as modified by Summers teaches:
The archery release device of claim 5, wherein the casing includes a cavity having a generally V-, U, or wishbone-shape that narrows opposite to the release member and has the tab disposed therein such that the tab is movable, wherein the V-, U, or wishbone-shape of the cavity directs the tab against the first rod effect to compress the first spring when the trigger is moved along any axis of the multiple axes (Eckert: the casing 40 allows for movement of the tab (24), at least partially spherical body (58/64), and trigger 22 to pivot the release jaws between the closed and open positions, as does the casing of Summers).
Further, though Eckert and Summers show portions of the casing having different sections or specific shapes and cavities to allow respective movements of the internal release parts, it would have been obvious to one having ordinary skill in the art to have formed the cavities in different shapes, placements, or orientations as 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) and it has been held that the configuration of a claimed product is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration is significant (In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)). In this case, the cavity placements and shapes simply allow movement of the respective parts within the casing, which those of the prior art also allow the same claimed movement therein and therefore the exact shape, location, or placement of the cavities within the casing are merely obvious design choices.
In Reference to Claim 17
Eckert teaches:
The archery release device of claim 16, further comprising: a button disposed at least partially within a chamber in the release member (button 75/76 is positioned within a cutout/chamber in the release jaws 30); and wherein the rod is positioned in the casing to move the button responsive to the trigger being moved along any axis of the multiple axis and rotating the generally at least partially spherical body within the casing (tab 24 is displaced to compress spring 54/56 to release the jaws when the trigger is pivoted about the chosen axis).
Eckert fails to teach:
A biasing element disposed within the chamber of the release member and positioned to bias the button outward from the chamber, wherein the casing includes a stop positioned to engage with the button when the button is biased outward from the chamber in the release member to retain the release member in the closed orientation, and the biasing element effective to compress the button within the chamber of the release member to disengage the button from the stop of the casing.
Further, Summers teaches:
A similar archery release device (Fig. 1a-1b) comprising: a button disposed at least partially within a chamber in the release member (button 32 is positioned within a cutout/chamber in the release jaws 22/24); and a biasing element disposed within the chamber of the release member and positioned to bias the button outward from the chamber (bias spring 28b biases button 32 out of the chamber of the jaws to interact with rod 30); wherein the casing includes a stop positioned to engage with the button when the button is biased outward from the chamber in the release member to retain the release member in the closed orientation (casing portion 34 retains the upper release member 22 in the closed position therefore indirectly engaging the button when the button is biased outward from the chamber, Fig. 1a), and
wherein the rod is positioned in the casing to force the button inward and disengage the button and the stop responsive to the trigger being moved along an axis (tab 36 is displaced by trigger lever 38 to release rod 26/30 using spring 28a to compress the button 32 within the chamber therefore releasing the jaws to the open configuration, Fig. 1b) and
the biasing element effective to compress the button within the chamber of the release member to disengage the button from the stop of the casing (spring 28b compresses such that button 32 disengages from the ends of jaws 212/214 so it may be pivoted away from the stop of the casing 34 to pivot the jaws to the open configuration).
It would have been obvious to one having ordinary skill in the art to have modified the invention of Eckert to have included a button within a cavity of the release member movable from outside the cavity to inside the cavity to release the release member jaws between closed and open configurations as this is a commonly known and used release member moving means in the art and substitution of other known movable means with other known moving means is obvious to one having ordinary skill in the art and would allow the jaws to be immediately biased to the closed position regardless of the position of the other parts of the release as taught by Summers (Col. 5 line 44 – Col. 6 line 38).
In Reference to Claim 18
Eckert as modified by Summers teaches:
The archery release device of claim 17, wherein the one or more components of the trigger assembly include a tab protruding from the generally at least partially spherical body and spaced from the trigger (Eckert: ring 24 protrudes and extends above the pivot 58/64 on the end opposite the trigger lever 22 within the casing), the tab being movable responsive to rotation of the generally at least partially spherical body and positioned in the casing such that the rod forces the button inward responsive to movement of the tab when the trigger is moved along any axis of the multiple axes and rotates the generally at least partially spherical body within the casing (Eckert: movement of trigger lever 22 causes the tab 24 to displace about the pivot axis and engage the first rod 66 within the casing to actuate the jaws 30 between the closed and open positions, Fig. 3-5a, Col. 5 line 34 – Col. 6 line 6, Col. 7 lines 1-43, as modified for the second arm/rod to push the biased button of Summers into the release above, wherein any member between 66 and the bias button engaging rod of Summers would be considered an arm member (such as 62 of Eckert)).
In Reference to Claim 19
Eckert as modified by Summers teaches:
The archery release device of claim 18, wherein the casing includes a first cavity having an at least semi-spherical shape housing the generally at least partially spherical body therein (Eckert: the at least partially spherical pivots means 58/64 are positioned in a rounded cavity in the casing 40) and a second cavity having a V-, U, or wishbone-shaped that narrows opposite to the release member, the second cavity having the tab disposed therein such that the tab is movable within the second cavity responsive to rotation of the generally at least partially spherical body in the at least semi-spherical shaped cavity, wherein the first cavity, the second cavity, and the generally at least partially spherical body are configured and positioned in the casing effective to allow the trigger to pivot the release member from the closed orientation to the open orientation when the trigger moves along any axis of the multiple axes (Eckert: the casing 40 allows for movement of the tab (24), at least partially spherical body (58/64), and trigger 22 to pivot the release jaws between the closed and open positions, as does the casing of Summers).
Further, though Eckert and Summers show portions of the casing having different sections or specific shapes and cavities to allow respective movements of the release parts, it would have been obvious to one having ordinary skill in the art to have formed the cavities in different shapes, placements, or orientations as 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) and it has been held that the configuration of a claimed product is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration is significant (In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)). In this case, the cavity placements and shapes simply allow movement of the respective parts within the casing, which those of the prior art also allow the same claimed movement therein and therefore the exact shape, location, or placement of the cavities within the casing are merely obvious design choices.
In Reference to Claim 20
Eckert as modified by Summers teaches:
The archery release device of claim 19, wherein: the casing includes one or more walls defining a first notch proximate to the release member (Eckert: the front of the casing 40 has a jaw cup/notch where the release jaws are disposed); and the release member is pivotally secured to the casing proximate to the first notch and includes a first arm (Eckert: pivotal jaws 30 each form arms and are positioned in the front notch/opening of the casing), a base opposite to the first arm (Eckert: the rear end of arms 30 opposite the string holding distal ends), and a second notch disposed between the base and the first arm (Eckert: each jaw 30 has a cutout/notch therein to receive 75/76 therein between the front and rear ends of the jaw), wherein when the release member is in the closed orientation the first notch of the casing and the second notch of the release member are aligned to form an enclosed through hole defined by the first arm of the release member and the one or more walls of the casing defining the first notch of the casing, the through hole being sized to hold and retain the tensioned element therein when the release member is in the closed orientation (Eckert: when closed, Fig. 3-4a, the casing and jaws form an enclosed hole to hold a bowstring therein).
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, Gazzara (4,257,386), Peck (4,926,835), Peck (5,070,854), Peck (5,170,771), Peck (5,307,788, 5,318,004, 5,370,102), and Peck (7,240,672) teach similar archery releases.
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