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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. The specification does not provide support for how the different modes are selected. For example, in claim 20 how does the release permit a vibration in one mode and an audible click in another mode? How is that accomplished?
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 7, 9-14, 16, 19, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Horn et al. (US 10,731,943), hereinafter (“Horn”).
Re claims 1, 4, 7, 9-11, 14, 16, 19, and 20, Horn (Fig 2) discloses an archery bowstring release comprising: a handle (12); a release neck (14) engaged with the handle; a release hook engaged with the release neck and configured to releasably engage an archery bowstring; and a release sear assembly (Fig 4A, 24 and/or26) engaged with the release hook, wherein the release sear assembly is configured to permit the release hook to pivot from a first reset position to a second tactile position, wherein the release hook emits a tactile feel or vibration rather than an audible click when pivoting to the second position, and wherein the release sear assembly is further configured to permit the release hook to pivot from the second tactile position to a third firing position (c. 5, l. 20-25).
Re claims 2 and 12, Horn discloses the archery bowstring release of claim 1, wherein the release hook is resettable from the second tactile position to the first reset position (inherent).
Re claims 3 and 13, Horn (Fig 7) discloses the archery bowstring release of claim 2, wherein the release sear assembly comprises an adjustable speed sear and an adjustable click sear.
Claim(s) 1, 11, and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Springer et al (US 2024/0318936), hereinafter (“Springer”). Springer discloses an archery bowstring release comprising: a handle (110); a release neck (114) engaged with the handle; a release hook (150) engaged with the release neck and configured to releasably engage an archery bowstring; and a release sear assembly engaged with the release hook, wherein the release sear assembly is configured to permit the release hook to pivot from a first reset position to a second tactile position, wherein the release hook emits a tactile feel or vibration rather than an audible click when pivoting to the second position, and wherein the release sear assembly is further configured to permit the release hook to pivot from the second tactile position to a third firing position (p. [0029]).
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.
Claim(s) 5 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horn in view of Rentz (US 9,618,295). Horn discloses the claimed invention with the exception of the archery bowstring release of claim 4, wherein the third finger position is adjustable via a removable set screw. Rentz teaches an archery release wherein the third finger position is adjustable via a removable set screw so that the user can adjust the positioning of the finger grooves to the desired location (c. 3, l. 44+). Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the release in Horn to have the adjustment capability of Rentz. The motivation (as taught by Rentz) would be so that the user can adjust the positioning of the finger grooves to the desired location. All claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to a skilled artisan at the time the invention was made.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horn in view Langley (US 11,428,500). Horn discloses the archery bowstring release of claim 1, wherein the handle further comprises a lanyard attachment slot. Langley (Fig 10, 321) teaches an archery release a lanyard attachment slot. The slot in Langley enables an archer to connect a lanyard or string to release aid to prevent dropping and/or losing the release aid (c. 7, l. 65+). Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the release in Horn to have the slot of Langley. The motivation (as taught by Langley) would be to enable an archer to connect a lanyard or string to release aid to prevent dropping and/or losing the release aid. All claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to a skilled artisan at the time the invention was made.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horn in view of Horn in view Springer (US 9,027,540). Horn discloses the archery bowstring release of claim 1, wherein the release hook is lockable. Springer teaches an archery release wherein the release hook is lockable (c. 4; l. 10+) to prevent the bowstring hook from full range of motion and retains the bowstring in the bowstring hook. Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the release in Horn to be lockable. The motivation would be to prevent the bowstring hook from full range of motion and retains the bowstring in the bowstring hook. All claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to a skilled artisan at the time the invention was made.
Claim(s) 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horn. Horn discloses the claimed invention except for the material of the release being either aluminum, brass, or steel. Before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the material of the release, since it has been held to be within general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REGINALD S TILLMAN, JR whose telephone number is (571)270-7010. The examiner can normally be reached M-F 830-530.
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/REGINALD S TILLMAN, JR/Primary Examiner, Art Unit 3641