DETAILED ACTION
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 § 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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Hartmann (DE 102014000859) in view of Perkins (US 2006/0170163 A1).
For claim 1, Hartmann discloses a system for roping practice, comprising:
a vehicle 1 comprising:
a controller 6 [configured to control the on/off state of the vehicle based on a status of a switch 5] (pages 15 and 16, paragraph [0023] and pages 16 and 17, paragraph [0024], wherein an on/off state of the vehicle is the on/off state of the electric drive 4 which is part of the vehicle),
but does not explicitly disclose
a dummy coupled to the vehicle via a hitch device;
wherein the hitch device is configured to actuate the switch.
Perkins discloses a roping practice device comprising a speed roper including [a vertical post 6; a tow bar 4 is a ring that can be dropped over a ball hitch on a towing vehicle] (page 3, paragraph [0061]); and [a roping dummy] (fig. 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the roping practice device of Perkins with the vehicle of Hartmann with a reasonable expectation of success because it would allow for an easily mounted roping training device, which is durable and provides natural and adjustable relative movement between the animal body and legs, thus allowing for improving roping skill in urban environments.
Allowable Subject Matter
Claims 10 – 18 are allowed.
Claims 2 – 9 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art fails to disclose:
For claims 2 – 9: the hitch device comprises a hitch body and a hitch mechanism, the hitch mechanism configured to slide within the hitch body and actuate the switch;
For claims 10: a switch bracket receivable within a hollow shaft and configured to hold the switch; a hitch mechanism comprising a first member slidable within the hollow shaft, a spring extending through an end bracket and the first member, a threaded bolt extending through the end bracket, the spring, the first member, the switch bracket, and a receiving member; or
For claims 11 – 18: initiating a drive mechanism of the vehicle and allowing the vehicle to operate without a human operator; lassoing the dummy exerts a rearward force on the dummy; wherein the rearward force on the dummy actuates a switch, the switch configured to cause the vehicle to stop moving.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-10413794 – comprising a simulated steer body and shoulder portion; and a frame comprising a frame body portion; a frame head portion; body attachment points; and shoulder attachment point;
WO-2016090381 – comprising a head; wheels; an attachment hitch; a steel rope; a sled and a roping release mechanism;
US-8720894 – comprising ground preparation apparatus; towable roping machine; and an ATV;
US-20130026688 – comprising a dummy; a sled; a tow bar; a dummy hitch; and a moto tang;
US-8297980 – comprising a simulated calf; a support column; and a towing structure; and
US-5286032 – comprising a trailer assembly; a support assembly; and a steer assembly including a head, upper neck, lower neck, and body.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jacob D. Knutson whose telephone number is (571)270-5576. The examiner can normally be reached 8:00 am - 4:00 pm.
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/JACOB D KNUTSON/Primary Examiner, Art Unit 3611