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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
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 2 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. For example, claim 2 states “strike sensor is sensitive enough to detect the impact of a soft projectile”, however, the examiner cannot ascertain what is meant by "soft projectile” such that the metes and bounds of the claims can clearly evaluated (what does “soft” refer to? What is evaluating the capability?). The above limitation, result in failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
Examiner finds that because the claims are indefinite under 35 U.S.C. §112, 2nd paragraph, it is impossible to properly construe claim scope at this time. However, in accordance with MPEP §2173.06 and the USPTO's policy of trying to advance prosecution by providing art rejections even though these claims are indefinite, the claims are given broadest reasonable interpretation and prior art is applied as much as practically possible.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-6 & 9-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gilbreath et al. (US Patent 8,523,185; referred to hereinafter as Gilbreath).
Claim 1: Gilbreath disclose an interactive network connected firearm target system (figure 1), comprising, at least one target, with multiple locations for attaching at least one target point, the target point comprising a strike sensor (figures 2-3) for detecting if and when an object strikes the target point (figure 4 & col. 5: 31-60), a scoring device for assigning a score to each strike made to the at least one target containing the at least one target point (cols. 8-9: 52-6), a central device for collecting the scoring information from each target and target point and analyzing the scoring information from each target and an application running on a user device for outputting the scoring information collected by the central device (cols. 7-8: 35-28).
Claims 2-4: Gilbreath disclose the strike sensor is sensitive enough to detect the impact of a projectile (col. 1: 44-57 and figure 1, which includes bullets).
Claim 5: Gilbreath disclose the central device is a wireless hub that uses a mesh network (cols. 7-8: 66-33).
Claim 6: Gilbreath disclose the central device is a smart phone, tablet, or portable computer (figure 1).
Claims 9 & 14: Gilbreath disclose the target points have embedded light or sound sources to indicate that the target point was struck (col. 4: 60-16).
Claim 10: Gilbreath disclose multiple targets are linked to each other wirelessly (figure 1).
Claim 11: Gilbreath disclose the target points can detect where on the point that the projectile strikes (inherent to the targeting system to detect strike location).
Claim 12: Gilbreath disclose the target point is made up of three layers: protective cover, sensor, and backing (figures 2-3).
Claims 13 & 15: Gilbreath disclose the targets can be any shape or size (extremely obvious).
Claim 16: Gilbreath disclose wherein the target points consist of modular tiles with embedded sensors to allow for the targets to be adapted to different training types (figure 10-14).
Claim 17: Gilbreath disclose the target points are covered with a protective layer consisting of at least one: silicon, fabrics, or metal (col. 5: 61-14).
Claim 18: Gilbreath disclose the central device communicates the scoring information to a location on the Internet (col. 11: 55-4).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 7-8 & 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Gilbreath as applied to claims above, and further in view of Pautler (US Patent Pub. 20210270567; referred to hereinafter as Pautler).
Claims 7-8: Gilbreath disclose an interactive network connected firearm target system (figure 1), comprising, at least one target, with multiple locations for attaching at least one target point, the target point comprising a strike sensor (figures 2-3) for detecting if and when an object strikes the target point (figure 4 & col. 5: 31-60), a scoring device for assigning a score to each strike made to the at least one target containing the at least one target point (cols. 8-9: 52-6), a central device for collecting the scoring information from each target and target point and analyzing the scoring information from each target. Gilbreath, however fails to explicitly disclose a recoil detection device connected to the central device to detect when a firearm is fired. In an analogous art, Pautler teach a shot analysis module, a shot recoil signal from a shot tracking device, obtaining, by the shot analysis module, a density of pellets at a clay target position and a pellet velocity, calculating, by the shot analysis module, a probability of the pellets striking the clay target (0005). Pautler, further teach a recoil detection device which is attached to the firearm and connected to the central device to detect when a firearm is fired (0020- 0026, firing based on the weapon recoil). It would have been obvious for one with ordinary skill in the art, at the time of the invention, to modify the network connected firearm target system disclosed by Gilbreath to include a recoil detection device, as taught by Pautler to allow for better accuracy determination by the system.
Claim 19: The combination of Gilbreath and Pautler teach the location on the internet is a social media page (0022).
Claim 20: The combination of Gilbreath and Pautler teach the location on the internet is a site for hosting shooting competitions (col. 11: 55-4 Gilbreath).
Examiner’s Note
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
La Scola (10,448,160) refers to target system is provided which allows a user to visually identify from a distance if the intended target has been hit. The target uses a base with at least one target disc held to the base. Upon hitting the target disc with a projectile, the disc is dislodged and, being larger than the projectile, leaves an opening in the base that can be visually identified from a distance.
Mraz (8,356,818) refers to durable reusable target apparatus with on-target visual display is described. In embodiments of the invention, pie-shaped target sectors surround a bull's eye sector. Each sector may be associated with one or more illuminated display segments. The display segments are visible at a distance, enabling shooters to determine the sector hit, and to adjust a next shot without looking away, thereby improving shooter proficiency. Various training mode are available. Methods for determining the target sector impacted and algorithms for asserting the correct display segment(s) are described. By utilizing on-target display segments, embodiments of the invention enable the shooter to ascertain the accuracy of the shot without looking away from the sights on the firearm or from the target.
Kendir (20050153262) refers to a firearm laser training system according to the present invention includes a laser assembly, actuable target assemblies and a computer system. The laser assembly is attached to a user firearm to project a laser beam toward the target. The target assemblies raise and lower targets in accordance with control signals from the computer system. Targets are raised to indicate intended targets, and are lowered in response to the beam impacting the raised targets or upon expiration of an interval without a beam impact. A corresponding target assembly forwards information to the computer system for display via wired or wireless communications. In addition, the training system may employ stationary target assemblies and/or laser-detecting body gear worn by exercise participants. The target assemblies and body gear communicate impact information to the computer system via wireless communications and may be utilized to create various training scenarios for firearm training.
The referenced citations made in the rejection(s) above are intended to exemplify areas in the prior art document(s) in which the examiner believed are the most relevant to the claimed subject matter. However, it is incumbent upon the applicant to analyze the prior art document(s) in its/their entirety since other areas of the document(s) may be relied upon at a later time to substantiate examiner's rationale of record. A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention. W.L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984). However, "the prior art's mere disclosure of more than one alternative does not constitute a teaching away from any of these alternatives because such disclosure does not criticize, discredit, or otherwise discourage the solution claimed ...." In re Fulton, 391F.3d 1195, 1201,73 USPQ2d 1141, 1146 (Fed. Cir. 2004).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNIT PANDYA whose telephone number is (571)272-2823. The examiner can normally be reached M-F 9:30-6:30PM.
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/SUNIT PANDYA/ Primary Examiner, Art Unit 3715