DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claims 1, 3 and 6 are objected to because of the following informalities:
In claim 1, line 17-18 “a first end of a larger diameter” should read “a second end of the larger diameter”;
In claim 1, line 18 “a second end having a smaller diameter” should read “a first end having a smaller diameter”;
In clam 1, line 18 “said second end” should read “said first end”;
In claim 1, line 23 “said unthreaded portion of said point is received in said post” should read “said unthreaded portion of said point is received in said sleeve”;
In claim 3, line 1 “provide” should read “provides”;
In claim 5, line 4, “a first end which engages said arrow shaft” should read “ a second end which engages said arrow shaft”;
In claim 5, line 5 “said first end” should read “said second end”;
In claim 5, line 6 “a second end of said sleeve” should read “a first end of said sleeve”.
Appropriate correction is required.
For the instant examination, claims 1 and 6 have been interpreted in accordance with these suggestions, this interpretation matches the assigned locations of the sleeve first end (element 10) and sleeve second end (element 11) in the disclosure.
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) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zobell (U.S. 9658036) in view of Cole (U.S. 6623385) in further view of Faller (U.S. 2014/0128184).
Regarding claim 1, Zobell discloses an adjustable outsert (Figure 2, element 100), comprising:
a sleeve (Figure 2, element 110) and a post (Figure 2, element 108) which is adapted to be positioned at an end of an arrow shaft (Figure 2, element 102), said post extending into a hollow area within said arrow shaft (col. 4, line 31-33), and said post disposed on an exterior of said arrow shaft and engaging an end face of said arrow shaft (Figure 2, element 116 “outer flange”);
a point (Figure 2, element 104) having a tip end (Figure 8, element 121), a threaded portion (Figure 2, element 122), and an unthreaded portion (Figure 2, element 120), said point having a flat surface (Figure 2, element 128 “flange”) toward said tip end from which said first end of said unthreaded portion extends (Figure 2, note unthreaded portion 120 extending from flange 128);
said post having a first post end (see annotated figure below, “first end”) and a second post end (see annotated figure below, “second end”), the first post end comprising a receiving portion adapted for attachment to the threaded portion of the point (Figure 2, element 114, ), said receiving portion having a larger diameter than said second post end (see annotated figure below, “larger diameter”), said second post end further comprising a post structure and annular grooves (Figure 3, element 130) which improve adhesion between an adhesive, said second post end, and said arrow shaft (Col. 6, lines 50-65);
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said receiving portion of said post engaging said end face of said arrow shaft (Figure 2, Note insert 108 has flange 116 which engages i.e. abuts distal end of arrow shaft);
said sleeve being generally cylindrical and comprising an outer surface (Figure 5, element 146) having a second end of a larger diameter (Figure 5, element 150) and tapering (“the outer sleeve 110 may comprise a tapered surface”, col. 7, line 55-65) to a first end having a smaller diameter (Figure 5, element 148), said sleeve having an inner surface (see annotated figure below), said first end of said sleeve slidably positioned in engagement with said arrow shaft (col. 6, line 28-39) and covering an end of an outer diameter of said arrow shaft (col. 6, line 28-39), said sleeve positioned over said post (col. 6, line 28-39);
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said threaded portion of said point (Figure 2, element 115) threadably received in said receiving portion of said post (Figure 2, element 114), and said unthreaded portion of said point is received in said sleeve (col. 5, line 55-60), said threaded portions of said point and said post located externally of said arrow shaft (col. 5, line 55-60);
said sleeve extending over said outer diameter of said arrow shaft an axial length that is less than a distance that the post extends into said arrow shaft (col. 5, line 43-50).
Zobell does not disclose said post having a preselected length to provide a desired weight. Furthermore, Cole teaches a post having a preselected length to provide a desired weight; Cole teaches a post comprising a provision of cut points to facilitate adjustment of a weight of the adjustable outsert system to a more precise weight based on a choice of an archer (Col. 2, line 5-10). Cole reveals that it is known in the art of arrows to provide a provision of cut points to facilitate an archer preselecting post length to provide the desired length. It would have been obvious for one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the post of Zobell to incorporate the teachings of Cole to provide a post having a preselected length to provide a desired weight allowing the outsert to be customized by an archer.
Zobell does not disclose said unthreaded portion being cylindrical between a first end and a second end of said unthreaded portion, and said threaded portion extending from said second end of said unthreaded portion. Furthermore, Faller teaches an unthreaded portion being cylindrical between a first end and a second end of said unthreaded portion (Figure 1, element 11), and said threaded portion extending from said second end of said unthreaded portion (Figure 1, element 10). The combination of Zobell in view of Cole and Faller includes each element claimed, with the only difference between the claimed invention the prior art being the lack of actual combination of elements into a single prior art reference. It would have been obvious for one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified Zobell to incorporate the teachings of Cole and Faller to provide a screw-in point to interface with the adjustable outsert system. In combination each element merely performs the same function as it does separately, rendering the results of this combination predictable.
Regarding claim 2, Zobell in view of Cole and Faller teaches the adjustable outsert of claim 1, and Cole additionally teaches a post wherein said second post end may be cut with a suitable tool to said preselected length. Cole teaches “cutting the grain rod at the circumferential groove between the first weight segment and the second weight segment at one end of the rod “ (Col. 2, line 5-7). Cole reveals that it is known in the art of arrows to provide an outsert where a second post end may be cut with a suitable tool to said preselected length to facilitate an archer selecting the desired weight. It would have been obvious for one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the post of Zobell in view of Cole and Faller to incorporate the teachings of Cole to provide a second post end that may be cut with a suitable tool to said preselected length to select a desired weight.
Regarding claim 3, Zobell in view of Cole and Faller teaches the adjustable outsert of claim 2, and Cole additionally teaches a post wherein said preselected length provide said desired weight, wherein said preselected length has a relationship with said desired weight (col. 2, line 62-67). Cole reveals that it is known in the art of arrows to provide a post end wherein said preselected length has a relationship with said desired weight to facilitate an archer selecting the desired weight. It would have been obvious for one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the post of Zobell in view of Cole and Faller to incorporate the teachings of Cole to provide a post wherein said preselected length provide said desired weight to select a desired weight.
Regarding claim 4, Zobell in view of Cole and Faller teaches the adjustable outsert of claim 1, and Cole additionally teaches a second post end being length and weight adjustable (Col. 2, line 5-7). Cole reveals that it is known in the art of arrows to provide an outsert where a second post end is length and weight adjustable to facilitate an archer customizing their desired weight. It would have been obvious for one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the post of Zobell in view of Cole and Faller to incorporate the teachings of Cole to provide a second post end that may be adjusted to a preselected length to select a desired weight.
Regarding claim 5, Zobell in view of Cole and Faller teaches the adjustable outsert of claim 4, and Cole additionally teaches an outsert further comprising a plurality of cut marks along said second post end (Col. 2, line 62-67). Cole reveals that it is known in the art of arrows to provide an outsert comprising a plurality of cut marks along said second post end facilitate an archer customizing their desired weight. It would have been obvious for one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the post of Zobell in view of Cole and Faller to incorporate the teachings of Cole to provide a plurality of cut marks along a second post end that may be cut to a preselected length to select a desired weight.
Claim(s) 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zobell (U.S. 9658036) in view of Cole (U.S. 6623385).
Regarding claim 6, Zobell discloses an outsert system (Figure 2, element 100), comprising:
a sleeve (Figure 2, element 110), a post (Figure 2, element 108), a point (Figure 2, element 104) connectable to said post and engaged by said sleeve, and an arrow shaft (Figure 2, element 102);
said sleeve being generally cylindrical (Figure 5, element 146) and having a second end which engages said arrow shaft (Figure 5, element 150), said second end of said sleeve being sized for interference with said arrow shaft when pressed on (col. 6, line 28-39), a first end of said sleeve configured to engage said point and covering said post wherein an inner surface engages said post (Figure 5, element 150);
said post having a first post end (see annotated figure below, “first end”) and a second post end (see annotated figure below, “second end”), the first post end comprising a receiving portion (Figure 2, element 114) adapted for attachment to a threaded portion of the point, said receiving portion having a larger diameter than said second post end (see annotated figure below, “larger diameter”), said second post end further comprising a post structure and grooves (Figure 3, element 130) which improve adhesion between an adhesive, said second post end, and said arrow shaft;
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the arrow shaft having an opening (col. 4, line 32-33) to receive said second end of said post such that said second end is retained therein with an adhesive (Col. 6, lines 50-65), said receiving portion abutting an end face of said arrow shaft (Figure 2, Note insert 108 has flange 116 which engages i.e. abuts distal end of arrow shaft);
the sleeve being pressed on said arrow shaft and covering said post (col. 6, line 28-39);
the receiving portion of said post comprising threads (Figure 2, element 114) which receive corresponding threads of said point (Figure 2, element 115), said threads of said point and said post positioned exteriorly of said arrow shaft and surrounded by said sleeve (col. 5, line 55-60);
said point having an unthreaded portion extending from a tip of said point to said threads of said point (Figure 2, element 120), said unthreaded portion extending from a flat surface of said tip (Figure 2, element 128), said flat surface engaging said second end of said sleeve (col. 6, line 28-39);
and wherein said post extends further within said arrow shaft than said sleeve extends on an external surface of said arrow shaft (col. 5, line 43-50).
Zobell does not disclose said post having a length to provide a desired weight, wherein said second post end is cut to a length to provide said desired weight. Furthermore, Cole teaches a post having a length to provide a desired weight; Cole teaches a post comprising a provision of cut points to facilitate adjustment of a weight of the adjustable outsert system to a more precise weight based on a choice of an archer (Col. 2, line 5-10). Cole reveals that it is known in the art of arrows to provide a post with a provision of cut points to facilitate an archer preselecting post length to provide the desired length. It would have been obvious for one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the post of Zobell to incorporate the teachings of Cole to provide a post having a length to provide a desired weight, wherein said second post end is cut to a length to provide said desired weight allowing the outsert to be customized by an archer.
Regarding claim 7, Zobell in view of Cole teaches the outsert system of Claim 6, Zobell additionally discloses said sleeve having one of an exterior taper (Figure 2, element 146, col. 7, line 57-59: “the outer sleeve may comprise a tapered surface”) or an interior taper.
Regarding claim 8, Zobell in view of Cole teaches the outsert system of Claim 6, and Cole additionally teaches said second post end may be cut in preselected lengths to a desired length depending on said desired weight (Col. 2, line 5-10). Cole reveals that it is known in the art of arrows to provide a post with a provision of cut points to facilitate an archer preselecting post length to provide the desired length. It would have been obvious for one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the post of Zobell to incorporate the teachings of Cole to provide a post having a length to provide a desired weight, wherein said second post end is cut to a length to provide said desired weight allowing the outsert to be customized by an archer.
Regarding claim 9, Zobell in view of Cole teaches the outsert system of Claim 8, and Cole additionally teaches cut points that are spaced along said second post end (Col. 2, line 5-10). Cole reveals that it is known in the art of arrows to provide a post with a provision of cut points spaced along the second post end to facilitate an archer preselecting post length to provide the desired length. It would have been obvious for one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the post of Zobell to incorporate the teachings of Cole to provide cut points that are spaced along said second post end to provide locations to cut a post to allow the outsert to be customized by an archer.
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 1-2 and 6-7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 5 of U.S. Patent No. 12,173,999 in view of Zobell (U.S. 9658036) and Faller (U.S. 2014/0128184).
Regarding claim 1, patent claims 1 and 5 of Gizowski ‘999 recite an adjustable outsert (col. 10, line 11), comprising:
a sleeve (col. 10, line 14) and a post (col. 10, line 14) which is adapted to be positioned at an end of an arrow shaft (col. 10, line 15-16), said post extending into a hollow area within said arrow shaft (16-17), and said post disposed on an exterior of said arrow shaft and engaging an end face of said arrow shaft (“partially inserted” col. 10, line 15-16);
a point having a tip end (col. 10, line 21-22), a threaded portion (col. 10, line 18), and an unthreaded portion (col. 10, line 18), said unthreaded portion being cylindrical between a first end and a second end of said unthreaded portion (col. 10, line 18-21), said point having a flat surface (col. 10, line 58) toward said tip end from which said first end of said unthreaded portion extends (col. 10, line 58-59);
said post having a first post end (col. 10, line 23) and a second post end (col. 10, line 23), the first post end comprising a receiving portion adapted for attachment to the threaded portion of the point (col. 10, line 24-25), said receiving portion having a larger diameter than said second post end (col. 10, line 26-27), said post having a preselected length to provide a desired weight (col. 10, line 28-31); and said second post end further comprising a post structure and annular grooves (col. 10, line 31) which improve adhesion between an adhesive, said second post end, and said arrow shaft;
said receiving portion of said post engaging said end face of said arrow shaft (col. 10, line 40-41);
said sleeve being generally cylindrical (col. 10, line 42) and comprising an outer surface (col. 10, line 42) having a first end of a larger diameter (“second end having a larger diameter”, col. 10, line 43-44) and tapering to a second end having a smaller diameter (“external taper to a first end having a smaller diameter”, col. 10, line 44-45), said sleeve having an inner surface (col. 10, line 45), said second end of said sleeve slidably positioned in engagement with said arrow shaft (col. 10, line 46-49) and covering an end of an outer diameter of said arrow shaft (col. 10, line 52-53), said sleeve positioned over said post (col. 10, line 46-47);
said threaded portion of said point threadably received in said receiving portion of said post (col. 10, line 24-25), said threaded portions of said point and said post located externally of said arrow shaft (col. 11, line 44 – col. 12, line 3);
said sleeve extending over said outer diameter of said arrow shaft an axial length that is less than a distance that the post extends into said arrow shaft (col. 10, line 62-64).
Claims 1 and 5 of Gizowski ‘999 lack the limitations of:
said threaded portion extending from said second end of said unthreaded portion;
and said unthreaded portion of said point is received in said sleeve.
Furthermore, Faller teaches a point with a threaded portion extending from said second end of said unthreaded portion in (Figure 1, element 10 extending from element 11). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the adjustable outsert system recited in claims 1 and 5 of Gizowski ‘999 to include a threaded portion extending from said second end of said unthreaded portion, as taught by Faller, in order to attach the point to the post.
Even further, Zobell teaches an unthreaded portion of a point that is received in a sleeve (col. 5, line 55-60)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the adjustable outsert system recited in claims 1 and 5 of Gizowski ‘999 and in view of Faller, to include an unthreaded portion of a point that is received in a sleeve, as taught by Zobell, to provide a stable connection between the point, sleeve and post.
Regarding claim 2, patent claims 1 and 5 of Gizowski ‘999 in view of Zobell and Faller teach the adjustable outsert of Claim 1, and patent claim 1 of Gizowski additionally teaches said second post end may be cut with a suitable tool to said preselected length (col. 10, line 60-61).
Regarding claim 6, patent claims 1 and 5 of Gizowski ‘999 recite an outsert system (col. 10, line 11), comprising:
a sleeve (col. 10, line 14), a post (col. 10, line 14), a point (col. 10, line 11) connectable to said post and engaged by said sleeve, and an arrow shaft (col. 10, line 12);
said sleeve being generally cylindrical (col. 10, line 42) and having a first end which engages said arrow shaft (col. 10, line 49-51), said first end of said sleeve being sized for interference with said arrow shaft when pressed on (col. 10, line 49-51), a second end of said sleeve configured to engage said point and covering said post wherein an inner surface engages said post (col. 10, line 53-54);
said post having a first post end (col. 10, line 23) and a second post end (col. 10, line 23), the first post end comprising a receiving portion adapted for attachment to a threaded portion of the point (col. 10, line 24), said receiving portion having a larger diameter than said second post end (col. 10, line 26-27), said second post end further comprising a post structure and groove which improve adhesion between an adhesive, said second post end, and said arrow shaft (col. 10, line 27-35);
the arrow shaft having an opening (col. 10, line 16-17) to receive said second end of said post, said receiving portion abutting an end face of said arrow shaft (col. 10, line 40-41);
the sleeve being pressed on said arrow shaft and covering said post (col. 10, line 46-51);
the receiving portion of said post comprising threads (col. 11, line 14) which receive corresponding threads of said point (col. 10, line 25), said threads of said point and said post positioned exteriorly of said arrow shaft and surrounded by said sleeve (col. 11, line 40 – col. 12, line 3);
said unthreaded portion extending from a flat surface of said tip (col. 10, line 58-59), said flat surface engaging said second end of said sleeve (col. 11, line 28-32);
and wherein said post extends further within said arrow shaft than said sleeve extends on an external surface of said arrow shaft (col. 10, line 62-64).
Claims 1 and 5 for Gizowski ‘999 lack the limitations of:
such that said second end is retained therein with an adhesive;
said point having an unthreaded portion extending from a tip of said point to said threads of said point.
Furthermore, Faller teaches a point having an unthreaded portion extending from a tip of said point to said threads of said point (Figure 1, element 11 extending from element 10 to element 12). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the adjustable outsert system recited in claims 1 and 5 of Gizowski ‘999 to include an unthreaded portion extending from a tip of said point to said threads of said point, as taught by Faller, in order to provide a space between the end of the post and the flat surface of the tip.
Even further, Zobell teaches a second end of a post that is retained with an adhesive (Figure 3, element 130). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the outsert system recited in claims 1 and 5 of Gizowski ‘999 and in view of Faller, to include a second end of a post that is retained with an adhesive, as taught by Zobell, to provide a stable connection between the post and arrow shaft.
Regarding claim 7, patent claims 1 and 5 of Gizowski ‘999 in view of Zobell and Faller teach the outsert system of Claim 6, claim 1 of Gizowski additionally discloses said sleeve having one of an exterior taper (col. 10, line 44) or an interior taper.
Claim 3-5 and 8-9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 5 of U.S. Patent No. 12,173,999 in view of Zobell (U.S. 9658036) and Faller (U.S. 2014/0128184) as applied to claims 1-2, and further in view of Cole (U.S. 6623385)).
Regarding claim 3, patent claims 1 and 5 of Gizowski ‘999 in view of Zobell and Faller teach the adjustable outsert of Claim 2, but fail to teach said preselected length provide said desired weight, wherein said preselected length has a relationship with said desired weight. Cole teaches a post wherein a preselected length provides a desired weight and has a relationship with a desired weight (col. 2, line 62-67). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the adjustable outsert system recited in claims 1 and 5 of Gizowski ‘999 and in view of Faller and Zobell, to include a post wherein a preselected length provides a desired weight and has a relationship with a desired weight, as taught by Cole, to provide a provide a post that may be adjusted to a select a desired weight.
Regarding claim 4, patent claims 1 and 5 of Gizowski ‘999 in view of Zobell and Faller teach the adjustable outsert of Claim 1, but fail to teach a second post end that is length and weight adjustable. Cole teaches a second post end that is length and weight adjustable (col. 2, line 5-7). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the adjustable outsert system recited in claims 1 and 5 of Gizowski ‘999 and in view of Faller and Zobell, to include a second post end that is length and weight adjustable, as taught by Cole, to provide a provide a post that may be adjusted to a select a desired weight.
Regarding claim 5, patent claims 1 and 5 of Gizowski ‘999 in view of Zobell, Faller, and Cole teach the adjustable outsert of Claim 4, and patent claim 1 of Gizowski additionally teaches an adjustable outsert system comprising a plurality of cut marks along said second post end (col. 10, line 27-28).
Regarding claim 8, patent claims 1 and 5 of Gizowski ‘999 in view of Zobell and Faller teach the outsert system of Claim 6, but do not teach a second post end that may be cut in preselected lengths to a desired length depending on said desired weight. Cole additionally teaches said second post end may be cut in preselected lengths to a desired length depending on said desired weight (Col. 2, line 5-10). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the outsert system recited in claims 1 and 5 of Gizowski ‘999 and in view of Faller and Zobell, to include a second post end that may be cut in preselected lengths to a desired length depending on said desired weight, as taught by Cole, to allow the post to be customized by an archer.
Regarding claim 9, patent claims 1 and 5 of Gizowski ‘999 in view of Zobell, Faller, and Cole teach the outsert system of Claim 8, and Cole additionally teaches cut points that are spaced along said second post end (Col. 2, line 5-10). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the outsert system recited in claims 1 and 5 of Gizowski ‘999 and in view of Faller, Zobell, and Cole, to include a cut points that are spaced along said second post end, as taught by Cole, to allow the post weight to be customized by an archer.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KALYN G YOUNGER whose telephone number is (571)272-0733. The examiner can normally be reached Monday-Friday 8 AM-5 PM.
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/K.G.Y./
Examiner, Art Unit 3711
/NICHOLAS J. WEISS/Supervisory Patent Examiner, Art Unit 3711
Prosecution Insights