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 .
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art. If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives. Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps. Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length. See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The original abstract, filed 5-13-2024, is relevant to previous claimed invention of claims 1-20. However, the preliminary amendments (9-30-2024) related to new set of claims, regarding an arrow rest system.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21, 35 and 39 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 13 and 17 of copending Application No. 18/972,187 (“ ‘187”) in view of Kurtz US 5,095,883 (“Kurtz”) and McIntyre US 6,789,535 (“McIntyre”).
Claim 1, of ‘187, recites all the imitations of above claim 21, namely” A crossbow, comprising: a center rail defining a projectile axis; a first flexible limb coupled with the center rail; a second flexible limb coupled with the center rail; a first cam rotatably coupled with the first flexible limb and configured to rotate about a first axis, the first axis fixed relative to the first flexible limb; a second cam rotatably coupled with the second flexible limb and configured to rotate about a second axis, the second axis fixed relative to the second flexible limb; a drawstring coupled with the first cam and the second cam, the drawstring configured to move between a released configuration and a drawn configuration”, except “and an arrow rest, comprising: a support member configured to engage with a projectile to suspend the projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis of the crossbow with the drawstring in the drawn configuration; and an adjustment mechanism configured to selectively reposition the support member relative to the center rail.”
However, Kurtz discloses an arrow rest, comprising: a support member configured to engage with a projectile to suspend the projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis of the crossbow with the drawstring in the drawn configuration (rest 20 within rail/stock 12 to engage bolt 18 positioned upon the rail/stock of the crossbow ready)(Figs. 1, 7, 8 and 10; 2:51-61 and 4:45-47). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘187 to includes an arrow rest, including: a support member configured to engage with a projectile to suspend the projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis of the crossbow with the drawstring in the drawn configuration for the reason that a skilled artisan would have been motivated by Kurtz’s suggestions as a means to hold a crossbow bolt in place on its rest ready for firing, and without interfering with the flight of the bolt upon firing, through a greater range of movement by a bowhunter than would be possible without use of this system (e.g., 1:50-56). With respect to and an adjustment mechanism configured to selectively reposition the support member relative to the center rail, McIntyre discloses a rest portions 34 with supports (arms 38 and legs 40); arms 38 includes a guide rollers 42 and 44, each with respective spring 51(Figs. 2-5; 3:46-4:57; note also Fig. 1 in conjunction to at least Fig. 5 and 37+ regarding the adjustment of the rest, relative to the archery bow). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘187-Kurtz’s arrow rest with an adjustment mechanism configured to selectively reposition the support member relative to the center rail for the reason that a skilled artisan would have been motivated by McIntyre’s suggestions to provide a multiple roller arrow rest that avoids the drawbacks of the prior art, and which helps the archer achieve consistency and accuracy; to provide an arrow rest that is consistent and quiet in operation, and is simple to employ; and to provide an arrow rest that holds the arrow in place securely on the bow until the archer is ready to release or shoot the arrow (e.g., 1:51-59). Such enhance properties would have been much desired within the modified ‘187- Kurtz’s arrow rest.
Claim 13, of ‘187, recites all the limitations of above claim 35, namely “A crossbow, comprising: a center rail defining a projectile axis; a first flexible limb coupled with the center rail; a second flexible limb coupled with the center rail; a first cam rotatably coupled with the first flexible limb and configured to rotate about a first axis, the first axis fixed relative to the first flexible limb; a second cam rotatably coupled with the second flexible limb and configured to rotate about a second axis, the second axis fixed relative to the second flexible limb; a drawstring coupled with the first cam and the second cam, the drawstring configured to move between a released configuration and a drawn configuration”, except “and an arrow rest, including: a support member configured to suspend a projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis of the crossbow, the support member including: a rotatable member configured to engage with the projectile; and a spring operatively coupled with the rotatable member and configured to bias the rotatable member toward the projectile axis; and an adjustment mechanism configured to reposition the support member relative to the center rail in at least one of a first direction, a second direction perpendicular to the first direction, or a rotational direction.”
However, Kurtz discloses an arrow rest, including: a support member configured to suspend a projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis of the crossbow (rest 20 within rail/stock 12 to engage bolt 18 positioned upon the rail/stock of the crossbow ready)(Figs. 1, 7, 8 and 10; 2:51-61 and 4:45-47). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘187 and an arrow rest, including: a support member configured to suspend a projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis of the crossbow as taught by Kurtz for the same reasons discussed above. 187’-Kurtz is not specific regarding the support member including: a rotatable member configured to engage with the projectile; and a spring operatively coupled with the rotatable member and configured to bias the rotatable member toward the projectile axis and an adjustment mechanism configured to reposition the support member relative to the center rail in at least one of a first direction, a second direction perpendicular to the first direction, or a rotational direction.
However, McIntyre discloses a support member including: a rotatable member configured to engage with a projectile; and a spring operatively coupled with the rotatable member and configured to bias the rotatable member toward the projectile axis and an adjustment mechanism configured to reposition the support member relative to the center rail in at least one of a first direction, a second direction perpendicular to the first direction, or a rotational direction (rest portions 34 with supports (arms 38 and legs 40); arms 38 includes a guide rollers 42 and 44, each with respective spring 51)(Figs. 2-5; 3:46-4:57; note also Fig. 1 in conjunction to at least Fig. 5 and 37+ regarding the adjustment of the rest, relative to the archery bow). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘187- Kurtz’s support member including: a rotatable member configured to engage with the projectile; and a spring operatively coupled with the rotatable member and configured to bias the rotatable member toward the projectile axis and an adjustment mechanism configured to reposition the support member relative to the center rail in at least one of a first direction, a second direction perpendicular to the first direction, or a rotational direction for the same reasons discussed above.
Claim 17 of ‘187, recites all the limitations of above claim 39, namely “A crossbow, comprising: a center rail defining a projectile axis; a first flexible limb coupled with the center rail; a second flexible limb coupled with the center rail; a first cam rotatably coupled with the first flexible limb and configured to rotate about a first axis, the first axis fixed relative to the first flexible limb; a second cam rotatably coupled with the second flexible limb and configured to rotate about a second axis, the second axis fixed relative to the second flexible limb; a drawstring coupled with the first cam and the second cam, the drawstring configured to move between a released configuration and a drawn configuration”, except “and an arrow rest, including: a first support member and a second support member configured to suspend a projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis; and an adjustment mechanism configured to reposition the first support member and the second support member relative to the center rail in a direction perpendicular to the projectile axis.”
However, Kurtz disclose an arrow rest, including: a first support member and a second support member configured to suspend a projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis (rest 20 within rail/stock 12 to engage bolt 18 positioned upon the rail/stock of the crossbow ready; the left and right portions of rest 20 construed as “first and second members”)(Figs. 1, 7, 8 and 10; 2:51-61 and 4:45-47). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘187 and an arrow rest, including: a first support member and a second support member configured to suspend a projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis; as taught by Kurtz for the same reasons discussed above. With respect to and an adjustment mechanism configured to reposition the first support member and the second support member relative to the center rail in a direction perpendicular to the projectile axis, McIntyre discloses a rest portions 34 with supports (arms 38 and legs 40); arms 38 includes a guide rollers 42 and 44, each with respective spring 51(Figs. 2-5; 3:46-4:57; note also Fig. 1 in conjunction to at least Fig. 5 and 37+ regarding the adjustment of the rest, relative to the archery bow). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘187- Kurtz’s arrow rest and an adjustment mechanism configured to reposition the first support member and the second support member relative to the center rail in a direction perpendicular to the projectile axis as taught by McIntyre for the same reasons discussed above.
This is a provisional nonstatutory double patenting rejection.
Claims 21, 35 and 39 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 10 and 17 of copending Application No. 18/972,461 (“ ‘461”) in view of Kurtz and McIntyre.
Claim 1, of ‘461, recites all the imitations of above claim 21 (as reproduce above in section 3), except “and an arrow rest, comprising: a support member configured to engage with a projectile to suspend the projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis of the crossbow with the drawstring in the drawn configuration; and an adjustment mechanism configured to selectively reposition the support member relative to the center rail.”
However, Kurtz discloses such arrow rest as claimed (rest 20 within rail/stock 12 to engage bolt 18 positioned upon the rail/stock of the crossbow ready)(Figs. 1, 7, 8 and 10; 2:51-61 and 4:45-47). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘461 to includes an arrow rest, comprising: a support member configured to engage with a projectile to suspend the projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis of the crossbow with the drawstring in the drawn configuration, for the same reasons discussed above. With respect to and an adjustment mechanism configured to selectively reposition the support member relative to the center rail, McIntyre discloses a rest portions 34 with supports (arms 38 and legs 40); arms 38 includes a guide rollers 42 and 44, each with respective spring 51(Figs. 2-5; 3:46-4:57; note also Fig. 1 in conjunction to at least Fig. 5 and 37+ regarding the adjustment of the rest, relative to the archery bow). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘461- Kurtz’ arrow rest with an adjustment mechanism configured to selectively reposition the support member relative to the center rail for the same reasons discussed above.
Claim 10, of ‘461, recites all the limitations of above claim 35 (as reproduce above in section 3) except “and an arrow rest, including: a support member configured to suspend a projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis of the crossbow, the support member including: a rotatable member configured to engage with the projectile; and a spring operatively coupled with the rotatable member and configured to bias the rotatable member toward the projectile axis; and an adjustment mechanism configured to reposition the support member relative to the center rail in at least one of a first direction, a second direction perpendicular to the first direction, or a rotational direction.
Kurtz discloses such arrow rest as claimed (rest 20 within rail/stock 12 to engage bolt 18 positioned upon the rail/stock of the crossbow ready)(Figs. 1, 7, 8 and 10; 2:51-61 and 4:45-47). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘461 and an arrow rest, including: a support member configured to suspend a projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis of the crossbow as taught by Kurtz for the same reasons discussed above. 461’-Kurtz is not specific regarding the support member including: a rotatable member configured to engage with the projectile; and a spring operatively coupled with the rotatable member and configured to bias the rotatable member toward the projectile axis, and an adjustment mechanism configured to reposition the support member relative to the center rail in at least one of a first direction, a second direction perpendicular to the first direction, or a rotational direction. However, McIntyre discloses a support member including: a rotatable member configured to engage with a projectile; and a spring operatively coupled with the rotatable member and configured to bias the rotatable member toward the projectile axis, and an adjustment mechanism configured to reposition the support member relative to the center rail in at least one of a first direction, a second direction perpendicular to the first direction, or a rotational direction (rest portions 34 with supports (arms 38 and legs 40); arms 38 includes a guide rollers 42 and 44, each with respective spring 51)(Figs. 2-5; 3:46-4:57; note also Fig. 1 in conjunction to at least Fig. 5 and 37+ regarding the adjustment of the rest, relative to the archery bow). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘461- Kurtz’s support member including: a rotatable member configured to engage with the projectile; and a spring operatively coupled with the rotatable member and configured to bias the rotatable member toward the projectile axis, and an adjustment mechanism configured to reposition the first support member and the second support member relative to the center rail in a direction perpendicular to the projectile axis for the same reasons discussed above in section 3.
Claim 17, of ‘461, recites all the imitations of above claim 39 (as reproduce above in section 3), except “and an arrow rest, including: a first support member and a second support member configured to suspend a projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis; and an adjustment mechanism configured to reposition the first support member and the second support member relative to the center rail in a direction perpendicular to the projectile axis.”
However, Kurtz disclose such arrow rest as claimed (rest 20 within rail/stock 12 to engage bolt 18 positioned upon the rail/stock of the crossbow ready; the left and right portions of rest 20 construed as “first and second members”)(Figs. 1, 7, 8 and 10; 2:51-61 and 4:45-47). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘461 and an arrow rest, including: a first support member and a second support member configured to suspend a projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis as taught by Kurtz for the same reasons discussed above in section 3. With respect to and an adjustment mechanism configured to reposition the first support member and the second support member relative to the center rail in a direction perpendicular to the projectile axis, McIntyre discloses a rest portions 34 with supports (arms 38 and legs 40); arms 38 includes a guide rollers 42 and 44, each with respective spring 51(Figs. 2-5; 3:46-4:57; note also Fig. 1 in conjunction to at least Fig. 5 and 37+ regarding the adjustment of the rest, relative to the archery bow). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘461- Kurtz’ arrow rest with and an adjustment mechanism configured to reposition the first support member and the second support member relative to the center rail in a direction perpendicular to the projectile axis for the same reasons discussed above.
This is a provisional nonstatutory double patenting rejection.
Claims 21, 35 and 39 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 14 and 20 of copending Application No. 18/972,248 (“ ‘248”) in view of Kurtz and McIntyre.
Claim 1, of ‘248, recites all the imitations of above claim 21 (as reproduce above in section 3), except “and an arrow rest, comprising: a support member configured to engage with a projectile to suspend the projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis of the crossbow with the drawstring in the drawn configuration; and an adjustment mechanism configured to selectively reposition the support member relative to the center rail.”
However, Kurtz discloses such arrow rest as claimed (rest 20 within rail/stock 12 to engage bolt 18 positioned upon the rail/stock of the crossbow ready)(Figs. 1, 7, 8 and 10; 2:51-61 and 4:45-47). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘248 to includes an arrow rest, comprising: a support member configured to engage with a projectile to suspend the projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis of the crossbow with the drawstring in the drawn configuration for the same reasons discussed above. With respect to and an adjustment mechanism configured to selectively reposition the support member relative to the center rail, McIntyre discloses a rest portions 34 with supports (arms 38 and legs 40); arms 38 includes a guide rollers 42 and 44, each with respective spring 51(Figs. 2-5; 3:46-4:57; note also Fig. 1 in conjunction to at least Fig. 5 and 37+ regarding the adjustment of the rest, relative to the archery bow). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘248- Kurtz’ arrow rest with an adjustment mechanism configured to selectively reposition the support member relative to the center rail for the same reasons discussed above.
Claim 14, of ‘248, recites all the limitations of above claim 35 (as reproduce above in section 3) except “and an arrow rest, including: a support member configured to suspend a projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis of the crossbow, the support member including: a rotatable member configured to engage with the projectile; and a spring operatively coupled with the rotatable member and configured to bias the rotatable member toward the projectile axis; and an adjustment mechanism configured to reposition the support member relative to the center rail in at least one of a first direction, a second direction perpendicular to the first direction, or a rotational direction.
Kurtz discloses such arrow rest as claimed (rest 20 within rail/stock 12 to engage bolt 18 positioned upon the rail/stock of the crossbow ready)(Figs. 1, 7, 8 and 10; 2:51-61 and 4:45-47). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘248 and an arrow rest, including: a support member configured to suspend a projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis of the crossbow as taught by Kurtz for the same reasons discussed above. 248’-Kurtz is not specific regarding the support member including: a rotatable member configured to engage with the projectile; and a spring operatively coupled with the rotatable member and configured to bias the rotatable member toward the projectile axis, and an adjustment mechanism configured to reposition the support member relative to the center rail in at least one of a first direction, a second direction perpendicular to the first direction, or a rotational direction. However, McIntyre discloses a support member including: a rotatable member configured to engage with a projectile; and a spring operatively coupled with the rotatable member and configured to bias the rotatable member toward the projectile axis, and an adjustment mechanism configured to reposition the support member relative to the center rail in at least one of a first direction, a second direction perpendicular to the first direction, or a rotational direction (rest portions 34 with supports (arms 38 and legs 40); arms 38 includes a guide rollers 42 and 44, each with respective spring 51)(Figs. 2-5; 3:46-4:57; note also Fig. 1 in conjunction to at least Fig. 5 and 37+ regarding the adjustment of the rest, relative to the archery bow). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘248- Kurtz’s support member including: a rotatable member configured to engage with the projectile; and a spring operatively coupled with the rotatable member and configured to bias the rotatable member toward the projectile axis, and an adjustment mechanism configured to reposition the first support member and the second support member relative to the center rail in a direction perpendicular to the projectile axis for the same reasons discussed above in section 3.
Claim 20, of ‘248, recites all the imitations of above claim 39 (as reproduce above in section 3), except “and an arrow rest, including: a first support member and a second support member configured to suspend a projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis; and an adjustment mechanism configured to reposition the first support member and the second support member relative to the center rail in a direction perpendicular to the projectile axis.”
However, Kurtz disclose such arrow rest as claimed (rest 20 within rail/stock 12 to engage bolt 18 positioned upon the rail/stock of the crossbow ready; the left and right portions of rest 20 construed as “first and second members”)(Figs. 1, 7, 8 and 10; 2:51-61 and 4:45-47). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘248 and an arrow rest, including: a first support member and a second support member configured to suspend a projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis as taught by Kurtz for the same reasons discussed above in section 3. With respect to and an adjustment mechanism configured to reposition the first support member and the second support member relative to the center rail in a direction perpendicular to the projectile axis, McIntyre discloses a rest portions 34 with supports (arms 38 and legs 40); arms 38 includes a guide rollers 42 and 44, each with respective spring 51(Figs. 2-5; 3:46-4:57; note also Fig. 1 in conjunction to at least Fig. 5 and 37+ regarding the adjustment of the rest, relative to the archery bow). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘248- Kurtz’ arrow rest with and an adjustment mechanism configured to reposition the first support member and the second support member relative to the center rail in a direction perpendicular to the projectile axis for the same reasons discussed above.
This is a provisional nonstatutory double patenting rejection.
Claims 21, 35 and 39 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 18 and 19 of copending Application No. 18/972,336 (“ ‘336”) in view of Kurtz and McIntyre.
Claim 1, of ‘336, recites all the imitations of above claim 21 (as reproduce above in section 3), except “and an arrow rest, comprising: a support member configured to engage with a projectile to suspend the projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis of the crossbow with the drawstring in the drawn configuration; and an adjustment mechanism configured to selectively reposition the support member relative to the center rail.”
However, Kurtz discloses such arrow rest as claimed (rest 20 within rail/stock 12 to engage bolt 18 positioned upon the rail/stock of the crossbow ready)(Figs. 1, 7, 8 and 10; 2:51-61 and 4:45-47). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘336 to includes an arrow rest, comprising: a support member configured to engage with a projectile to suspend the projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis of the crossbow with the drawstring in the drawn configuration for the same reasons discussed above. With respect to and an adjustment mechanism configured to selectively reposition the support member relative to the center rail, McIntyre discloses a rest portions 34 with supports (arms 38 and legs 40); arms 38 includes a guide rollers 42 and 44, each with respective spring 51(Figs. 2-5; 3:46-4:57; note also Fig. 1 in conjunction to at least Fig. 5 and 37+ regarding the adjustment of the rest, relative to the archery bow). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘336- Kurtz’ arrow rest with an adjustment mechanism configured to selectively reposition the support member relative to the center rail for the same reasons discussed above.
Claim 18, of ‘336, recites all the limitations of above claim 35 (as reproduce above in section 3) except “and an arrow rest, including: a support member configured to suspend a projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis of the crossbow, the support member including: a rotatable member configured to engage with the projectile; and a spring operatively coupled with the rotatable member and configured to bias the rotatable member toward the projectile axis; and an adjustment mechanism configured to reposition the support member relative to the center rail in at least one of a first direction, a second direction perpendicular to the first direction, or a rotational direction.
Kurtz discloses such arrow rest as claimed (rest 20 within rail/stock 12 to engage bolt 18 positioned upon the rail/stock of the crossbow ready)(Figs. 1, 7, 8 and 10; 2:51-61 and 4:45-47). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘336 and an arrow rest, including: a support member configured to suspend a projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis of the crossbow as taught by Kurtz for the same reasons discussed above.
336’-Kurtz is not specific regarding the support member including: a rotatable member configured to engage with the projectile; and a spring operatively coupled with the rotatable member and configured to bias the rotatable member toward the projectile axis, and an adjustment mechanism configured to reposition the support member relative to the center rail in at least one of a first direction, a second direction perpendicular to the first direction, or a rotational direction. However, McIntyre discloses a support member including: a rotatable member configured to engage with a projectile; and a spring operatively coupled with the rotatable member and configured to bias the rotatable member toward the projectile axis, and an adjustment mechanism configured to reposition the support member relative to the center rail in at least one of a first direction, a second direction perpendicular to the first direction, or a rotational direction (rest portions 34 with supports (arms 38 and legs 40); arms 38 includes a guide rollers 42 and 44, each with respective spring 51)(Figs. 2-5; 3:46-4:57; note also Fig. 1 in conjunction to at least Fig. 5 and 37+ regarding the adjustment of the rest, relative to the archery bow). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘336- Kurtz’s support member including: a rotatable member configured to engage with the projectile; and a spring operatively coupled with the rotatable member and configured to bias the rotatable member toward the projectile axis, and an adjustment mechanism configured to reposition the first support member and the second support member relative to the center rail in a direction perpendicular to the projectile axis for the same reasons discussed above in section 3.
Claim 19, of ‘336, recites all the imitations of above claim 39 (as reproduce above in section 3), except “and an arrow rest, including: a first support member and a second support member configured to suspend a projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis; and an adjustment mechanism configured to reposition the first support member and the second support member relative to the center rail in a direction perpendicular to the projectile axis.”
However, Kurtz disclose such arrow rest as claimed (rest 20 within rail/stock 12 to engage bolt 18 positioned upon the rail/stock of the crossbow ready; the left and right portions of rest 20 construed as “first and second members”)(Figs. 1, 7, 8 and 10; 2:51-61 and 4:45-47). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘461 and an arrow rest, including: a first support member and a second support member configured to suspend a projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis as taught by Kurtz for the same reasons discussed above in section 3. With respect to and an adjustment mechanism configured to reposition the first support member and the second support member relative to the center rail in a direction perpendicular to the projectile axis, McIntyre discloses a rest portions 34 with supports (arms 38 and legs 40); arms 38 includes a guide rollers 42 and 44, each with respective spring 51(Figs. 2-5; 3:46-4:57; note also Fig. 1 in conjunction to at least Fig. 5 and 37+ regarding the adjustment of the rest, relative to the archery bow). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘336- Kurtz’ arrow rest with and an adjustment mechanism configured to reposition the first support member and the second support member relative to the center rail in a direction perpendicular to the projectile axis for the same reasons discussed above.
This is a provisional nonstatutory double patenting rejection.
Claim 21 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,408,705 (“ ‘705”) in view of Kurtz US 5,095,883 (“Kurtz”).
Claim 1, of ‘705, recites all the imitations of above claim 21 (as reproduce above in section 3), except “and an arrow rest, comprising: a support member configured to engage with a projectile to suspend the projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis of the crossbow with the drawstring in the drawn configuration; and an adjustment mechanism configured to selectively reposition the support member relative to the center rail.”
However, Kurtz discloses such arrow rest as claimed (rest 20 within rail/stock 12 to engage bolt 18 positioned upon the rail/stock of the crossbow ready)(Figs. 1, 7, 8 and 10; 2:51-61 and 4:45-47). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘705 to includes an arrow rest, comprising: a support member configured to engage with a projectile to suspend the projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis of the crossbow with the drawstring in the drawn configuration, for the same reasons discussed above. With respect to and an adjustment mechanism configured to selectively reposition the support member relative to the center rail, McIntyre discloses a rest portions 34 with supports (arms 38 and legs 40); arms 38 includes a guide rollers 42 and 44, each with respective spring 51(Figs. 2-5; 3:46-4:57; note also Fig. 1 in conjunction to at least Fig. 5 and 37+ regarding the adjustment of the rest, relative to the archery bow). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘705- Kurtz’ arrow rest with an adjustment mechanism configured to selectively reposition the support member relative to the center rail for the same reasons discussed above.
Claims 21, 35 and 39 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 11 and 19 of U.S. Patent No. 9,494,379 (“ 379”) in view of Kurtz US 5,095,883 (“Kurtz”).
Claim 1, of ‘379, recites all the imitations of above claim 21 (as reproduce above in section 3), except “and an arrow rest, comprising: a support member configured to engage with a projectile to suspend the projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis of the crossbow with the drawstring in the drawn configuration; and an adjustment mechanism configured to selectively reposition the support member relative to the center rail.”
However, Kurtz discloses such arrow rest as claimed (rest 20 within rail/stock 12 to engage bolt 18 positioned upon the rail/stock of the crossbow ready)(Figs. 1, 7, 8 and 10; 2:51-61 and 4:45-47). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘379 to includes an arrow rest, comprising: a support member configured to engage with a projectile to suspend the projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis of the crossbow with the drawstring in the drawn configuration, for the same reasons discussed above. With respect to and an adjustment mechanism configured to selectively reposition the support member relative to the center rail, McIntyre discloses a rest portions 34 with supports (arms 38 and legs 40); arms 38 includes a guide rollers 42 and 44, each with respective spring 51(Figs. 2-5; 3:46-4:57; note also Fig. 1 in conjunction to at least Fig. 5 and 37+ regarding the adjustment of the rest, relative to the archery bow). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘379- Kurtz’ arrow rest with an adjustment mechanism configured to selectively reposition the support member relative to the center rail for the same reasons discussed above.
Claim 11, of ‘379, recites all the limitations of above claim 35 (as reproduce above in section 3) except “and an arrow rest, including: a support member configured to suspend a projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis of the crossbow, the support member including: a rotatable member configured to engage with the projectile; and a spring operatively coupled with the rotatable member and configured to bias the rotatable member toward the projectile axis; and an adjustment mechanism configured to reposition the support member relative to the center rail in at least one of a first direction, a second direction perpendicular to the first direction, or a rotational direction.
Kurtz discloses such arrow rest as claimed (rest 20 within rail/stock 12 to engage bolt 18 positioned upon the rail/stock of the crossbow ready)(Figs. 1, 7, 8 and 10; 2:51-61 and 4:45-47). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘379 and an arrow rest, including: a support member configured to suspend a projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis of the crossbow as taught by Kurtz for the same reasons discussed above. 379’-Kurtz is not specific regarding the support member including: a rotatable member configured to engage with the projectile; and a spring operatively coupled with the rotatable member and configured to bias the rotatable member toward the projectile axis, and an adjustment mechanism configured to reposition the support member relative to the center rail in at least one of a first direction, a second direction perpendicular to the first direction, or a rotational direction. However, McIntyre discloses a support member including: a rotatable member configured to engage with a projectile; and a spring operatively coupled with the rotatable member and configured to bias the rotatable member toward the projectile axis, and an adjustment mechanism configured to reposition the support member relative to the center rail in at least one of a first direction, a second direction perpendicular to the first direction, or a rotational direction (rest portions 34 with supports (arms 38 and legs 40); arms 38 includes a guide rollers 42 and 44, each with respective spring 51)(Figs. 2-5; 3:46-4:57; note also Fig. 1 in conjunction to at least Fig. 5 and 37+ regarding the adjustment of the rest, relative to the archery bow). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘379- Kurtz’s support member including: a rotatable member configured to engage with the projectile; and a spring operatively coupled with the rotatable member and configured to bias the rotatable member toward the projectile axis, and an adjustment mechanism configured to reposition the first support member and the second support member relative to the center rail in a direction perpendicular to the projectile axis for the same reasons discussed above in section 3.
Claim 19, of ‘379, recites all the imitations of above claim 39 (as reproduce above in section 3), except “and an arrow rest, including: a first support member and a second support member configured to suspend a projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis; and an adjustment mechanism configured to reposition the first support member and the second support member relative to the center rail in a direction perpendicular to the projectile axis.”
However, Kurtz disclose such arrow rest as claimed (rest 20 within rail/stock 12 to engage bolt 18 positioned upon the rail/stock of the crossbow ready; the left and right portions of rest 20 construed as “first and second members”)(Figs. 1, 7, 8 and 10; 2:51-61 and 4:45-47). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘379 and an arrow rest, including: a first support member and a second support member configured to suspend a projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis as taught by Kurtz for the same reasons discussed above in section 3. With respect to and an adjustment mechanism configured to reposition the first support member and the second support member relative to the center rail in a direction perpendicular to the projectile axis, McIntyre discloses a rest portions 34 with supports (arms 38 and legs 40); arms 38 includes a guide rollers 42 and 44, each with respective spring 51(Figs. 2-5; 3:46-4:57; note also Fig. 1 in conjunction to at least Fig. 5 and 37+ regarding the adjustment of the rest, relative to the archery bow). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘379- Kurtz’ arrow rest with and an adjustment mechanism configured to reposition the first support member and the second support member relative to the center rail in a direction perpendicular to the projectile axis for the same reasons discussed above.
Claims 21, 35 and 39 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 11 and 15 of U.S. Patent No. 10,254,073(“ 073”) in view of Kurtz US 5,095,883 (“Kurtz”).
Claim 1, of ‘073, recites all the imitations of above claim 21 (as reproduce above in section 3), except “and an arrow rest, comprising: a support member configured to engage with a projectile to suspend the projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis of the crossbow with the drawstring in the drawn configuration; and an adjustment mechanism configured to selectively reposition the support member relative to the center rail.”
However, Kurtz discloses such arrow rest as claimed (rest 20 within rail/stock 12 to engage bolt 18 positioned upon the rail/stock of the crossbow ready)(Figs. 1, 7, 8 and 10; 2:51-61 and 4:45-47). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘073 to includes an arrow rest, comprising: a support member configured to engage with a projectile to suspend the projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis of the crossbow with the drawstring in the drawn configuration, for the same reasons discussed above. With respect to and an adjustment mechanism configured to selectively reposition the support member relative to the center rail, McIntyre discloses a rest portions 34 with supports (arms 38 and legs 40); arms 38 includes a guide rollers 42 and 44, each with respective spring 51(Figs. 2-5; 3:46-4:57; note also Fig. 1 in conjunction to at least Fig. 5 and 37+ regarding the adjustment of the rest, relative to the archery bow). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘073- Kurtz’ arrow rest with an adjustment mechanism configured to selectively reposition the support member relative to the center rail for the same reasons discussed above.
Claim 11, of ‘073, recites all the limitations of above claim 35 (as reproduce above in section 3) except “and an arrow rest, including: a support member configured to suspend a projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis of the crossbow, the support member including: a rotatable member configured to engage with the projectile; and a spring operatively coupled with the rotatable member and configured to bias the rotatable member toward the projectile axis; and an adjustment mechanism configured to reposition the support member relative to the center rail in at least one of a first direction, a second direction perpendicular to the first direction, or a rotational direction.
Kurtz discloses such arrow rest as claimed (rest 20 within rail/stock 12 to engage bolt 18 positioned upon the rail/stock of the crossbow ready)(Figs. 1, 7, 8 and 10; 2:51-61 and 4:45-47). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘073 and an arrow rest, including: a support member configured to suspend a projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis of the crossbow as taught by Kurtz for the same reasons discussed above. 073’-Kurtz is not specific regarding the support member including: a rotatable member configured to engage with the projectile; and a spring operatively coupled with the rotatable member and configured to bias the rotatable member toward the projectile axis, and an adjustment mechanism configured to reposition the support member relative to the center rail in at least one of a first direction, a second direction perpendicular to the first direction, or a rotational direction. However, McIntyre discloses a support member including: a rotatable member configured to engage with a projectile; and a spring operatively coupled with the rotatable member and configured to bias the rotatable member toward the projectile axis, and an adjustment mechanism configured to reposition the support member relative to the center rail in at least one of a first direction, a second direction perpendicular to the first direction, or a rotational direction (rest portions 34 with supports (arms 38 and legs 40); arms 38 includes a guide rollers 42 and 44, each with respective spring 51)(Figs. 2-5; 3:46-4:57; note also Fig. 1 in conjunction to at least Fig. 5 and 37+ regarding the adjustment of the rest, relative to the archery bow). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘073- Kurtz’s support member including: a rotatable member configured to engage with the projectile; and a spring operatively coupled with the rotatable member and configured to bias the rotatable member toward the projectile axis, and an adjustment mechanism configured to reposition the first support member and the second support member relative to the center rail in a direction perpendicular to the projectile axis for the same reasons discussed above in section 3.
Claim 15, of ‘073, recites all the imitations of above claim 39 (as reproduce above in section 3), except “and an arrow rest, including: a first support member and a second support member configured to suspend a projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis; and an adjustment mechanism configured to reposition the first support member and the second support member relative to the center rail in a direction perpendicular to the projectile axis.”
However, Kurtz disclose such arrow rest as claimed (rest 20 within rail/stock 12 to engage bolt 18 positioned upon the rail/stock of the crossbow ready; the left and right portions of rest 20 construed as “first and second members”)(Figs. 1, 7, 8 and 10; 2:51-61 and 4:45-47). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘073 and an arrow rest, including: a first support member and a second support member configured to suspend a projectile over at least a portion of the center rail, wherein the projectile is configured to be positioned along the projectile axis as taught by Kurtz for the same reasons discussed above in section 3. With respect to and an adjustment mechanism configured to reposition the first support member and the second support member relative to the center rail in a direction perpendicular to the projectile axis, McIntyre discloses a rest portions 34 with supports (arms 38 and legs 40); arms 38 includes a guide rollers 42 and 44, each with respective spring 51(Figs. 2-5; 3:46-4:57; note also Fig. 1 in conjunction to at least Fig. 5 and 37+ regarding the adjustment of the rest, relative to the archery bow). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form ‘073- Kurtz’ arrow rest with and an adjustment mechanism configured to reposition the first support member and the second support member relative to the center rail in a direction perpendicular to the projectile axis for the same reasons discussed above.
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 (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 21-25 and 28-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kurtz US 5,095,883 (“Kurtz”) in view of McIntyre US 6,789,535 (“McIntyre”).
As per claim 21, Kurtz discloses a crossbow (crossbow 10)(Figs. 1, 2, 4 and 7-10; 2:51-3:12; 3:23-39 and 4:3-5:9), comprising:
a center rail defining a projectile axis (of stock 12)(Figs. 1, 7-8 and 10; 2:51-66);
a first flexible limb coupled with the center rail (limb 14L)(Fig. 1; 2:51-66);
a second flexible limb coupled with the center rail (limbs 14R)(Fig. 1; 2:51+)
a first cam rotatably coupled with the first flexible limb and configured to rotate about a first axis, the first axis fixed relative to the first flexible limb (Fig. 1);
a second cam rotatably coupled with the second flexible limb and configured to rotate about a second axis, the second axis fixed relative to the second flexible limb (Fig. 1);
a drawstring coupled with the first cam and the second cam, the drawstring configured to move between a released configuration and a drawn configuration (bowstring 22)(Fig. 1; 2:51+); and
an arrow rest, comprising: a support member configured to engage with a projectile to suspend the projectile over at least a portion of the center rail wherein the projectile is configured to be positioned along the projectile axis of the crossbow with the drawstring in the drawn configuration (rest 20 within rail/stock 12 to engage bolt 18 positioned upon the rail/stock of the crossbow)(Figs. 1, 7, 8 and 10; 2:51-61 and 4:45-47). Kurtz is not specific regarding and an adjustment mechanism configured to selectively reposition the support member relative to the center rail.
However, McIntyre discloses a rest portions 34 with supports (arms 38 and legs 40); arms 38 includes a guide rollers 42 and 44, each with respective spring 51(Figs. 2-5; 3:46-4:57; note also Fig. 1 in conjunction to at least Fig. 5 and 37+ regarding the adjustment of the rest, relative to the archery bow). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form Kurtz’s arrow rest with an adjustment mechanism configured to selectively reposition the support member relative to the center rail for the reason that a skilled artisan would have been motivated by McIntyre’s suggestions to provide a multiple roller arrow rest that avoids the drawbacks of the prior art, and which helps the archer achieve consistency and accuracy; to provide an arrow rest that is consistent and quiet in operation, and is simple to employ; and to provide an arrow rest that holds the arrow in place securely on the bow until the archer is ready to release or shoot the arrow (e.g., 1:51-59). Such enhance properties would have been much desired within the modified ‘187- Kurtz’s arrow rest.
As per claim 22, with respect to comprising: the projectile including a first portion and a second portion, note at least Figs. 1, 5 and 6 (also 3:40+) regarding bolt 18 of Kurtz; with respect to wherein the arrow rest is configured to engage with the first portion of the projectile, wherein the drawstring is configured to engage with the second portion of the projectile with the drawstring in the drawn configuration, note Figs. 7-10 and 4:3-5:4 as the position of bolt 18 upon arrow rest 20.
As per claims 23-25, 28, Kurtz is not specific regarding wherein the support member of the arrow rest includes a rotatable member configured to engage with the projectile (claim 23), wherein the rotatable member is operatively coupled with a spring to bias the rotatable member toward the projectile axis (claim 24), wherein the rotatable member of the arrow rest is configured to support the projectile, wherein the spring is at least partially compressed as the rotatable member supports the projectile (claim 25), and wherein the rotatable member is a roller rotatable about a pin (claim 28).
However, McIntyre discloses a rest portions 34 with supports (arms 38 and legs 40); arms 38 includes a guide rollers 42 and 44, each with respective spring 51(Figs. 2-5; 3:46-4:57; note also Fig. 1 in conjunction to at least Fig. 5 and 37+ regarding the adjustment of the rest, relative to the archery bow). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form Kurtz’s arrow rest wherein the support member of the arrow rest includes a rotatable member configured to engage with the projectile, wherein the rotatable member is operatively coupled with a spring to bias the rotatable member toward the projectile axis, wherein the rotatable member of the arrow rest is configured to support the projectile, wherein the spring is at least partially compressed as the rotatable member supports the projectile, and wherein the rotatable member is a roller rotatable about a pin for the reason that a skilled artisan would have been motivated by McIntyre’s suggestions to provide a multiple roller arrow rest that avoids the drawbacks of the prior art, and which helps the archer achieve consistency and accuracy; to provide an arrow rest that is consistent and quiet in operation, and is simple to employ; and to provide an arrow rest that holds the arrow in place securely on the bow until the archer is ready to release or shoot the arrow (e.g., 1:51-59). Such enhance properties would have been much desired within the modified Kurtz’s arrow rest.
As per claim 29, with respect to wherein the adjustment mechanism of the arrow rest is configured to reposition the support member in at least one of a first direction, a second direction perpendicular to the first direction, or a rotational direction, note Fig. 1 in conjunction to at least Fig. 5 and 37+ regarding the adjustment of the rest 34, relative to the archery bow of McIntyre. Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form Kurtz’s adjustment mechanism of the arrow rest is configured to reposition the support member in at least one of a first direction, a second direction perpendicular to the first direction, or a rotational direction for the same reasons discussed above.
As per claim 30, with respect to wherein the support member of the arrow rest is a first support member configured to engage a first side of the projectile, and wherein the arrow rest further comprises: a second support member configured to engage a second side of the projectile, wherein the second side is positioned on an opposite side of the projectile axis than the first side of the projectile, (the left and right portions of rest 20, construed as “the first and second support members”)(Figs. 1, 7, 8 and 10).
As per claim 31, Kurtz is not specific regarding wherein the adjustment mechanism of the arrow rest is configured to reposition the first support member and the second support member in the second direction, wherein the second direction is perpendicular to the projectile axis.
However, McIntyre discloses wherein an adjustment mechanism of an arrow rest is configured to reposition a first support member and a second support member in the second direction, wherein the second direction is perpendicular to the projectile axis (the adjustment of a first support (right arm 38 and right leg 40) and a second support (left arm 38-left leg 40) via manipulation of adjustment screw 68 to rotate the supports in a desired direction; note Figs. 2-5 in conjunction to 3:56-4:20, regarding the structure; note at least Fig. 1 (the position of the rest relative to an archery device) in conjunction to 1:61-2:67 and 4:37-56 as the manipulation, operation, of the adjustment means).
Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form Kurtz’s wherein the adjustment mechanism of the arrow rest is configured to reposition the first support member and the second support member in the second direction, wherein the second direction is perpendicular to the projectile axis as taught by McIntyre for similar reasons discussed above in this section.
As per claim 32, with respect to wherein the adjustment mechanism of the arrow rest is configured to reposition the first support member and the second support member between a first position and a second position, wherein a distance in the second direction between the first support member and the second support member is less in the second position than in the first position such that, when the first support member and the second support member are in the first position, a front end of the projectile is vertically lower than when the first support member and the second support member are in the second position, the adjustment of a first support (right arm 38 and right leg 40) and a second support (left arm 38-left leg 40) via manipulation of adjustment screw 68 to rotate the supports in a desired direction; note Figs. 2-5 in conjunction to 3:56-4:20, regarding the structure; note at least Fig. 1 (the position of the rest relative to an archery device) in conjunction to 1:61-2:67 and 4:37-56 as the manipulation, operation of the adjustment means), as taught and suggested by McIntyre, are construed as such. Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form Kurtz’s wherein the adjustment mechanism of the arrow rest is configured to reposition the first support member and the second support member between a first position and a second position, wherein a distance in the second direction between the first support member and the second support member is less in the second position than in the first position such that, when the first support member and the second support member are in the first position, a front end of the projectile is vertically lower than when the first support member and the second support member are in the second position for similar reasons discussed above.
As per claim 33, Kurtz is not specific regarding wherein the adjustment mechanism of the arrow rest is configured to reposition the support member in the rotational direction about an axis parallel with the projectile axis. However, McIntyre discloses wherein the adjustment mechanism of the arrow rest is configured to reposition the support member in the rotational direction about an axis parallel with the projectile axis (the adjustment of a first support (right arm 38 and right leg 40) and a second support (left arm 38-left leg 40) via manipulation of adjustment screw 68 to rotate the supports in a desired direction; note Figs. 2-5 in conjunction to 3:56-4:20, regarding the structure; note at least Fig. 1 (the position of the rest relative to an archery device) in conjunction to 1:61-2:67 and 4:37-56 as the manipulation, operation, of the adjustment means). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form Kurtz’s wherein the adjustment mechanism of the arrow rest is configured to reposition the support member in the rotational direction about an axis parallel with the projectile axis for the same reasons discussed above.
As per claim 34, Kurtz is not specific regarding wherein the adjustment mechanism of the arrow rest is configured to reposition the support member in three degrees of freedom. However, McIntyre discloses wherein an adjustment mechanism of an arrow rest is configured to reposition a support member in three degrees of freedom. Such freedom construed as the adjustment of a first support (right arm 38 and right leg 40) and a second support (left arm 38-left leg 40) via manipulation of adjustment screw 68 to rotate the supports in a desired direction; note Figs. 2-5 in conjunction to 3:56-4:20; also note Fig. 1 (the position of the rest relative to an archery device) in conjunction to 1:61-2:67 and 4:37-56. Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form Kurtz’s wherein the adjustment mechanism of the arrow rest is configured to reposition the support member in three degrees of freedom as taught by McIntyre for similar reasons discussed above in this section.
As per claim 35, Kurtz discloses a crossbow (crossbow 10)(Figs. 1, 2, 4 and 7-10; 2:51-3:12; 3:23-39 and 4:3-5:9), comprising:
a center rail defining a projectile axis (of stock 12)(Figs. 1, 7-8 and 10; 2:51-66);
a first flexible limb coupled with the center rail (limb 14L)(Fig. 1; 2:51-66);
a second flexible limb coupled with the center rail (limbs 14R)(Fig. 1; 2:51+)
a first cam rotatably coupled with the first flexible limb and configured to rotate about a first axis, the first axis fixed relative to the first flexible limb (Fig. 1);
a second cam rotatably coupled with the second flexible limb and configured to rotate about a second axis, the second axis fixed relative to the second flexible limb (Fig. 1);
a drawstring coupled with the first cam and the second cam, the drawstring configured to move between a released configuration and a drawn configuration (bowstring 22)(Fig. 1; 2:51+)
and an arrow rest, including: a support member configured to suspend a projectile over at least a portion of the center rail , wherein the projectile is configured to be positioned along the projectile axis of the crossbow (rest 20 within rail/stock 12 to engage bolt 18 positioned upon the rail/stock of the crossbow ready)(Figs. 1, 7, 8 and 10; 2:51-61 and 4:45-47).
Kurtz is not specific regarding the support member including: a rotatable member configured to engage with the projectile; and a spring operatively coupled with the rotatable member and configured to bias the rotatable member toward the projectile axis, and an adjustment mechanism configured to reposition the support member relative to the center rail in at least one of a first direction, a second direction perpendicular to the first direction, or a rotational direction.
However, McIntyre discloses rest portions 34 with supports (arms 38 and legs 40); arms 38 includes a guide rollers 42 and 44, each with respective spring 51; each roller is provided with a respective post 48 to rotate relative to)(Figs. 2-5; 3:46-4:57; note also Fig. 1 in conjunction to at least Fig. 5 and 37+ regarding the adjustment of the rest, relative to the archery bow). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form Kurtz’s arrow rest wherein the support member including: a rotatable member configured to engage with the projectile; and a spring operatively coupled with the rotatable member and configured to bias the rotatable member toward the projectile axis, and an adjustment mechanism configured to reposition the support member relative to the center rail in at least one of a first direction, a second direction perpendicular to the first direction, or a rotational direction for the reason that a skilled artisan would have been motivated by McIntyre’s suggestions to provide a multiple roller arrow rest that avoids the drawbacks of the prior art, and which helps the archer achieve consistency and accuracy; to provide an arrow rest that is consistent and quiet in operation, and is simple to employ; and to provide an arrow rest that holds the arrow in place securely on the bow until the archer is ready to release or shoot the arrow (e.g., 1:51-59). Such enhance properties would have been much desired within the modified Kurtz’s arrow rest.
As per claim 36, with respect to wherein the support member is a first support member, the arrow rest further comprising a second support member, the left and right portions of rest 20, construed as “the first and second support members”)(Figs. 1, 7, 8and 10).
With respect to wherein the adjustment mechanism of the arrow rest is configured to reposition the first support member and the second support member between a first position and a second position, wherein a distance in the second direction between the first support member and the second support member is less in the second position than in the first position such that, when the first support member and the second support member are in the first position, a front end of the projectile is vertically lower than when the first support member and the second support member are in the second position, the adjustment of a first support (right arm 38 and right leg 40) and a second support (left arm 38-left leg 40) via manipulation of adjustment screw 68 to rotate the supports in a desired direction; note Figs. 2-5 in conjunction to 3:56-4:20, regarding the structure; note at least Fig. 1 (the position of the rest relative to an archery device) in conjunction to 1:61-2:67 and 4:37-56 as the manipulation, operation of the adjustment means), as taught and suggested by McIntyre construed as such. Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form Kurtz’s wherein the adjustment mechanism of the arrow rest is configured to reposition the first support member and the second support member between a first position and a second position, wherein a distance in the second direction between the first support member and the second support member is less in the second position than in the first position such that, when the first support member and the second support member are in the first position, a front end of the projectile is vertically lower than when the first support member and the second support member are in the second position for similar reasons discussed above.
As per claim 37, Kurtz is not specific regarding wherein the rotatable member of the support member is a first rotatable member configured to engage a first side of the projectile, and wherein the support member further includes a second rotatable member configured to engage a second side of the projectile, wherein the second side is positioned on an opposite side of the projectile axis than the first side of the projectile.
However, McIntyre discloses rest portions 34 with supports (arms 38 and legs 40); arms 38 includes a guide rollers 42 and 44, each with respective spring 51; each roller is provided with a respective post 48 to rotate relative to)(Figs. 2-5; 3:46-4:57; note also Fig. 1 in conjunction to at least Fig. 5 and 37+ regarding the adjustment of the rest, relative to the archery bow). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form Kurtz’s wherein the rotatable member of the support member is a first rotatable member configured to engage a first side of the projectile, and wherein the support member further includes a second rotatable member configured to engage a second side of the projectile, wherein the second side is positioned on an opposite side of the projectile axis than the first side of the projectile for the same reasons discussed above with respect to claims 23-25 and 28.
As per claim 38, Kurtz is not specific regarding wherein the support member of the arrow rest includes a housing, and wherein the rotatable member is configured to translate away from the projectile axis relative to the housing with a compression of the spring. However, note McIntyre at least Fig. 5 and 3:6-36 as the position of the rotatable members withing a hosing (of portion 36/34), the spring (51), the rollers (42/44) and respective post 48. Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form Kurtz’s wherein the support member of the arrow rest includes a housing, and wherein the rotatable member is configured to translate away from the projectile axis relative to the housing with a compression of the spring for the same reasons discussed above with respect to claims 23-25 and 28.
As per claim 39, since the claim’s limitations are very similar to claims 21 and 30, the examiner states that claim 39 is rejected over Kurtz and McIntyre for the same reasons discussed above with respect to claims 21 and 30. Since there is no apparent different structural and/or functional limitations of the device of claims 21 and 30 and the device of claim 39, it is important to note that such statement by the examiner is not merely to “ignore” the claim’s limitations; rather, the examiner attempts to simplify the above rejection, and not “paste and copy” similar limitations, thus to create unnecessary lengthy Office action.
As per claim 40, with respect to wherein the adjustment mechanism of the arrow rest is configured to reposition the first support member and the second support member between a first position and a second position, wherein a distance between the first support member and the second support member is less in the second position than in the first position such that, when the first support member and the second support member are in the first position, a front end of the projectile is vertically lower than when the first support member and the second support member are in the second position, the adjustment of a first support (right arm 38 and right leg 40) and a second support (left arm 38-left leg 40) via manipulation of adjustment screw 68 to rotate the supports in a desired direction; note Figs. 2-5 in conjunction to 3:56-4:20, regarding the structure; note at least Fig. 1 (the position of the rest relative to an archery device) in conjunction to 1:61-2:67 and 4:37-56 as the manipulation, operation of the adjustment means), as taught and suggested by McIntyre construed as such. Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form Kurtz’s wherein the adjustment mechanism of the arrow rest is configured to reposition the first support member and the second support member between a first position and a second position, wherein a distance between the first support member and the second support member is less in the second position than in the first position such that, when the first support member and the second support member are in the first position, a front end of the projectile is vertically lower than when the first support member and the second support member are in the second position for similar reasons discussed above.
Claim(s) 26 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kurtz and McIntyre as applied to claim 25 above, and further in view of Huang et al US 8,875,687 (“Huang”).
As per claim 26, Kurtz - McIntyre is not specific regarding wherein the support member includes a bearing disposed between the rotatable member and the spring, and wherein the bearing is configured to permit rotation of the rotatable member.
However, Huang discloses wherein a support member includes a bearing disposed between a rotatable member and a spring, and wherein the bearing is configured to permit rotation of the rotatable member (inner bearing 34 between contact ball bearing 32 (i.e., rotatable member) and spring 36)(Figs. 2, 6 and 7; 3:16-32). Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form Kurtz- McIntyre’s wherein the support member includes a bearing disposed between the rotatable member and the spring, and wherein the bearing is configured to permit rotation of the rotatable member for the reason that a skilled artisan would have been motivated by Huang’s suggestion that such arrangement fully captures an arrow for both bows and crossbows and supports the arrow shaft with ball bearings to provide point contact and reduce friction (1:42-45). In addition, the use of bearing within the arrow rest of Kurtz- McIntyre would have been an obvious use of a known mechanical means to allow rotational of the rotatable member of the arrow rest, while arrow is supported thereon.
As per claim 27, with respect to wherein the support member includes a housing coupled with the center rail and the rotatable member, wherein the spring and the bearing are at least partially disposed within the housing, and wherein the rotatable member is configured to translate relative to the housing with a compression of the spring, note McIntyre at least Fig. 5 and 3:6-36 as the position of the rotatable members withing a hosing (of portion 36/34), the spring (51), the rollers (42/44) and respective post 48. Also, note Huang’s Figs. 2, 6 and 7 (3:16-56) regarding such arrangement. Therefore, the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to form Kurtz-McIntyre’s the support member includes a housing coupled with the center rail and the rotatable member, wherein the spring and the bearing are at least partially disposed within the housing, and wherein the rotatable member is configured to translate relative to the housing with a compression of the spring as taught by Huang for similar reasons discussed above with respect to claim 26.
Conclusion
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/A.A.K/Examiner, Art Unit 3711 2/17/2026 /JOHN E SIMMS JR/Primary Examiner, Art Unit 3711