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 .
Election/Restrictions
Applicant’s election without traverse of group I (claims 1-11) in the reply filed on 7/31/2026 is acknowledged.
Status of Claims
In an amendment filed 7/31/2026, Applicant canceled unelected claims 12-20. This amendment is acknowledged. Claims 1-11 are pending and are currently being examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/11/2024, 10/11/2024, and 10/30/2024 were filed before the mailing date of the first office action on the merits. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
The drawings are objected to because some of the figures are presented in a horizontal/landscape orientation instead of the preferred vertical/portrait orientation and the nature of the drawings does not appear to require the landscape/horizontal orientation used (37 CFR 1.84(h)-(i)). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
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 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 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.
Claims 1-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Coryell et al. US Pub. No. 2023/0213318.
Coryell teaches:
In Reference to Claim 1
A handheld clay thrower assembly for throwing a clay target (handheld clay target launcher 10, Fig. 1-11), the handheld clay thrower assembly comprising:
a frame (12);
a throwing arm supported by the frame, the throwing arm being moveable relative to the frame from a first position to a second position to throw the clay target (throwing arm 28 is movably mounted on the frame from a rest position (second position (ready for loading or relaxed after firing) Fig. 9) to a cocked position (first position (ready to fire) Fig. 10) from which the target is launched therefrom from when the trigger is activated and the arm is moved back towards the at rest position under the power of the launch spring which launches the target out of the target holder of the target arm as the arm moves from the cocked position to the fired/rest position (second position)); and
a target holder arranged to hold the clay target relative to the throwing arm and to release the clay target to permit the throwing arm to throw the clay target when the throwing arm moves from the first position toward the second position (holder 64 is movably mounted on the throwing arm 28 to selectively hold a target ‘C’ in place during loading to the cocked position and release the clay target when the arm is released for firing, Fig. 6, 6a, 9-11), the throwing arm being moveable relative to the target holder as the throwing arm moves from the first position toward the second position to throw the clay target (target holder 64 is pivotally coupled to the arm and spring biased to contact the target in the initial holding position and pivot relative the arm to release the clay target during firing, Fig. 6, [0039]).
In Reference to Claim 2
The handheld clay thrower assembly of claim 1, wherein the target holder is arranged to hold the clay target against the throwing arm or in a position to be contacted by the throwing arm as the throwing arm moves from the first position toward the second position to throw the clay target (the target holder 64 holds the clay target C from the first position to the second position so it is loaded in the cocked position against the throwing arm (clay shown as ready for cocking in Fig. 2 as the arm moves from Fig. 9 to Fig. 10 to show it in the cocked position from which it is then launched) and is subsequently released so the target is launched by the throwing arm during launch as the arm moves to the first relaxed position after firing and ready to reload).
In Reference to Claim 3
The handheld clay thrower assembly of claim 1, wherein the frame includes a bed, the bed configured to permit the clay target to slide on the bed as the throwing arm moves from the first position toward the second position to throw the clay target (lower surface 20c/62 forms a bed/planar support surface to support movement of the clay target therealong during loading and firing, Fig. 2, 6-6a, 9-11).
In Reference to Claim 4
The handheld clay thrower assembly of claim 3, wherein the target holder includes a retainer opposing the bed, the retainer being resiliently deflectable away from the bed for gripping the clay target between the retainer and the bed (target holder 64 has a lower surface which is pivotally coupled to the throwing arm and resiliently spring biased to contact the target opposite to the bed 20c/62 in the initial holding position and pivot relative the arm (away from the bed) to release the clay target during firing, Fig. 6, [0039]).
In Reference to Claim 5
The handheld clay thrower assembly of claim 4, wherein the throwing arm is configured to deflect the retainer away from the bed to release the clay target as the throwing arm moves from the first position toward the second position to throw the clay target (the target holder 64 has a lower surface which is pivotally coupled to the throwing arm and resiliently spring biased to contact the target opposite to the bed 20c/62 in the initial holding position and pivot relative the arm (away from the bed) to release the clay target during firing, Fig. 6, [0039]).
In Reference to Claim 6
The handheld clay thrower assembly of claim 5, wherein the throwing arm is disposed between the retainer and the bed in the first position (the arm 28 is disposed between the retainer 64 and the bed 20c, Fig. 2, 6-6a, 9-11).
In Reference to Claim 7
The handheld clay thrower assembly of claim 4, wherein the target holder includes a spring biasing the retainer toward the bed (the target holder 64 has a lower surface which is pivotally coupled to the throwing arm and resiliently spring biased towards the bed to contact the target opposite to the bed 20c/62 in the initial holding position and pivot relative the arm (away from the bed) to release the clay target during firing, Fig. 6, [0039]).
In Reference to Claim 8
The handheld clay thrower assembly of claim 1, wherein the target holder is moveable from an at-rest position to a deflected position by engagement of the clay target with the target holder (the target holder 64 is moved from a first fully biased position to a slightly deflected position when engaging the top surface of the target as the target is inserted via the chamfered engaging surface at 64a, Fig. 6-6a, [0039]).
In Reference to Claim 9
The handheld clay thrower assembly of claim 1, further comprising a throwing spring supported by the frame and operatively coupled to the throwing arm for moving the throwing arm from the first position toward the second position to throw the clay target (the throwing arm is powered by launch spring 40 coupled between the frame and arm to launch the target as the throwing arm is moved from the cocked position towards the fired/rest position, [0029], Fig. 5, 7, 9-11).
In Reference to Claim 10
The handheld clay thrower assembly of claim 9, further comprising a bumper supported by the frame and arranged to be contacted by the throwing arm to position the throwing arm in the second position (bumper 70 contacts the throwing arm in the fired/rest second position, Fig. 9-11).
In Reference to Claim 11
The handheld clay thrower assembly of claim 1, wherein the throwing arm includes a throwing arm body configured to permit the clay target to roll along the throwing arm as the throwing arm moves from the first position toward the second position to throw the clay target (clay target C rolls along a length of the throwing arm 28 from an at rest position closer to the pivot end/retainer 64 and rolls along the arm to the free distal end during launch, Fig. 9-11, [0007], [0041]).
Brief Discussion of Other Prior Art References
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See the references cited page for publications that are noted for containing similar subject matter as the applicant. For example, LaPorte (2022/0349683), Collins (10,545,011), Sievers (9,303,942), Victor (9,194,646, 8,967,130), Whidborne (2012/0138034), Williamson (7,461,645), Killion (5,050,575), Jaworski (4,248,202), Gay (3,717,136), Razee (2,430,077), Betts (2,193,266), Napier (1,353,663), and Camp (1,700,880) teach similar disc launching devices.
Conclusion
If the applicant or applicant’s representation has any questions or concerns regarding this office action or the application they are welcome to contact the examiner at the phone number listed below and schedule and interview to discuss the outstanding issues and possible amendments to expedite prosecution of this application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER R NICONOVICH whose telephone number is (571)270-7419. The examiner can normally be reached Mon - Fri 8-6 MST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas Weiss can be reached at (571) 270-1775. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ALEXANDER R NICONOVICH/Primary Examiner, Art Unit 3711
Prosecution Insights