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 .
Status of Claims
Claims 1-21, filed 11/22/2024, are pending and are currently being examined.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 11/22/2024 and 7/22/2025 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.
Claim Objections
Claim 4 is objected to because of the following informalities: in lines 2 and 4, “the primary riser tube” should read “the at least one primary riser tube”. Appropriate correction is required.
Claim 5 is objected to because of the following informalities: in line 2, “the primary riser tube” should read “the at least one primary riser tube”. Appropriate correction is required.
Claim 6 is objected to because of the following informalities: in line 2-3, “the primary riser tube” should read “the at least one primary riser tube”. Appropriate correction is required.
Claim 7 is objected to because of the following informalities: in line 5, “the primary riser tube” should read “the at least one primary riser tube”. Appropriate correction is required.
Claim 9 is objected to because of the following informalities: in line 8, “the primary riser tube” should read “the at least one primary riser tube”. Appropriate correction is required.
Claim 11 is objected to because of the following informalities: in line 3, “the primary riser tube” should read “the at least one primary riser tube”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 19 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Regarding claim 19, it is unclear if the claimed ratio is actually required by the claim language as the claim only requires the ratio “can be” 2:1 to 5:1, but does not actually require the ratio to be within the claimed range as presented.
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 12-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 of U.S. Patent No. 12,264,893. Although the claims at issue are not identical, they are not patentably distinct from each other because the patented claims anticipate the presented claims.
Presented Claim 12
An archery bow comprising:
a riser configured to be joined with at least one limb, the riser comprising:
a riser handle constructed from a first material and including a grasping portion;
a first upper primary riser tube constructed from a second material different from the first material, the first upper primary riser tube including an upper, straight, linear axis extending upward from the riser handle, without extending below the grasping portion; and
a first lower primary riser tube constructed from the second material and including a lower, straight linear axis extending downward from the riser handle, without extending above the grasping portion.
Presented Claim 13
The archery bow of claim 12, wherein the first upper primary riser tube and the first lower primary riser tube are each an elongated, straight, hollow tube with a round cross section, wherein the first material is metal, wherein the second material is a carbon composite.
Claim 1 of 12,264,893
An archery bow comprising:
a first limb;
a second limb, the first limb and second limb being joined with a riser (equivalent to the configured to be joined language) comprising:
a riser handle (handles are inherently configured to be grasped and have grasping portions);
an upper primary riser elongated element including a first linear axis; and
a lower primary riser elongated element including a second linear axis, wherein the upper primary riser elongated element and the lower primary riser elongated element terminate at the riser handle without being connected to one another (equivalent language to do not extend below or above the riser handle portion);
wherein the riser handle is constructed from metal (first material); and
wherein the upper primary riser elongated element is an upper primary riser tube and the lower primary riser elongated element is a lower primary riser tube, which are constructed from straight carbon composite tubes (second materials), each having a round cross section.
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 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Simonds et al. US Pat. No. 5,099,819.
In Reference to Claim 1
Simonds teaches:
An archery bow (10, Fig. 1-15 show numerous related embodiments, Fig. 1-3 and 6 being the most relevant) comprising:
a first limb (upper limb 12);
a second limb distal from the first limb (lower limb 14);
a bowstring extending between the first limb and the second limb and moveable within a bowstring plane (bowstring 26 movable along a bowstring plane);
a riser joined with the first limb and the second limb (riser assembly 28 is joined to the limbs 12/14 at opposing distal ends), the riser comprising:
a riser handle constructed from metal and defining at least one handle port (central riser platform 86/352 having handle/grip portion 102/370 and port(s) 94/96 (Fig. 1-3) or 354/356 (Fig. 6) that receive riser tubular members therein, the platforms and/or grips may be formed of metal, Col. 10 lines 46-49);
at least one primary riser tube constructed from a composite material plugged into the at least one handle port and extending away from the riser handle toward at least one of the first limb and the second limb (primary riser tubes 30/32/304/306 are secured within port(s) 94/96/354/356 of the riser and extend towards a respective limb 12/14, the riser tubes may be formed using composite material, Col. 4 lines 47-54).
In Reference to Claim 10
Simonds teaches:
The archery bow of claim 1, wherein the riser handle includes a shelf above a grasping portion (grip 102/370 extends below a shelf 90/352 and is held by the user during use), wherein the riser handle includes an upper riser strut extending above the shelf a first distance and defining the at least one handle port which includes a first upper handle port and a second upper handle port (platform upper strut surface 364 extends a distance above the shelf and is joined to the port(s) 354/356), wherein a sight mount is defined at least one of forward of the first upper handle port and between the first upper handle port and the second upper handle port within the first distance (the platform/strut may also include standard bow accessories attached thereto, such as an arrow rest and bow sight within the first strut distance, abstract, col. 3 lines 1-12, col. 6 lines 12-18).
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 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.
Claims 12, 14, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Liu US Pat. No. 8,844,510 in view of Simonds et al. US Pat. No. 5,099,819.
In Reference to Claim 12
Liu teaches:
An archery bow (bow, Fig. 2-10) comprising:
a riser configured to be joined with at least one limb (riser assembly 20 is joined to the limbs 30/31 at opposing distal ends), the riser comprising:
a riser handle constructed from a first material and including a grasping portion (central riser portion is considered a handle 221 as it is capable of being held and is inherently formed of a material);
a first upper primary riser tube constructed from a second material different from the first material, the first upper primary riser tube including an upper, straight, linear axis extending upward from the riser handle, without extending below the grasping portion (upper riser section 220 is a rectangular tube shape that only extends above the central handle along a first generally vertical linear axis therethrough from the central riser portion to the limb fixture 222, Fig. 2-5); and
a first lower primary riser tube constructed from the second material and including a lower, straight linear axis extending downward from the riser handle, without extending above the grasping portion (lower riser section 21 is a rectangular tube shape that only extends below the central handle along a generally vertical linear axis from the central riser portion to the lower limb fixture 210, Fig. 2-5, wherein each riser portion is generally formed of CNC metal, Col. 2 lines 60-64).
Liu fails to teach:
The primary riser tubes being constructed from a second material different from the first material.
Simonds teaches:
An archery bow (10, Fig. 1-15 show numerous related embodiments, Fig. 1-3 and 6 being the most relevant) comprising:
a first limb (upper limb 12);
a second limb distal from the first limb (lower limb 14);
a bowstring extending between the first limb and the second limb and moveable within a bowstring plane (bowstring 26 movable along a bowstring plane);
a riser joined with the first limb and the second limb (riser assembly 28 is joined to the limbs 12/14 at opposing distal ends), the riser comprising:
a riser handle constructed from metal and defining at least one handle port (central riser platform 86/352 having handle/grip portion 102/370 and port(s) 94/96 (Fig. 1-3) or 354/356 (Fig. 6) that receive riser tubular members therein, the platforms and/or grips may be formed of metal, Col. 10 lines 46-49);
at least one primary riser tube constructed from a composite material plugged into the at least one handle port and extending away from the riser handle toward at least one of the first limb and the second limb (primary riser tubes 30/32/304/306 are secured within port(s) 94/96/354/356 of the riser and extend towards a respective limb 12/14, the riser tubes may be formed using carbon composite or other similar material(s), Col. 4 lines 47-54).
It would have been obvious to one having ordinary skill in the art to have modified the invention of Liu to have formed the central handle portion of the riser of a first material, such as metal, and the riser tubes of a second different material, such as carbon composite as these are generally known and taught materials in the art for forming riser portions of a bow as taught by Simonds (Col. 4 lines 47-54) and as it has been held to be within the 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 (In re Leshin, 125 USPQ 416).
In Reference to Claim 14
Liu as modified by Simonds teaches:
The archery bow of claim 12, wherein the riser handle includes a shelf above the grasping portion and an upper riser strut above the shelf, wherein the upper riser strut extends 1 inch to 6 inches (Simonds: platform 352 forms a shelf for guiding an arrow thereon with upper strut surface 364 that joins the port(s) 354/356 and appears to be within the claimed range of height, Fig. 6), inclusive, above the shelf and defines a mounting zone configured to mount at least one of a cable guard, a sight and an arrow rest within that mounting zone and below an exposed portion of the first upper primary riser tube (Simonds: the platform may also include standard bow accessories attached thereto, such as a cable guard (376), arrow rest and bow sight, abstract, col. 3 lines 1-12, col. 6 lines 12-18, below the exposed portion of the upper riser tubes 304/306, Fig. 6).
It would have been obvious to one having ordinary skill in the art to have modified the invention of Liu to have formed the central handle portion of the riser with a strut and shelf in order to allow for attachment of common bow accessories, such as a cable guard, sight, and/or arrow rest as these are generally known and taught accessories commonly used and attached to the riser of an archery bow materials in the art for forming riser portions of a bow as taught by Simonds (col. 3 lines 1-12, col. 6 lines 12-18).
In Reference to Claim 17
Liu as modified by Simonds teaches:
The archery bow of claim 12, wherein the upper, straight, linear axis and the lower, straight, linear axis are parallel and aligned one over the other in a vertical plane in a rear view of the archery bow (Liu: the straight linear axes drawn through the upper and lower riser tube portions 212/220 lie in the same vertical plane from the view of the archer during use, Fig. 3-4, 10).
Allowable Subject Matter
Claims 18 and 20-21 are allowed.
The following is an examiner’s statement of reasons for allowance: in addition to the other claim limitations, the specific limitations of the first and second upper primary riser elongated elements being parallel to one another and terminating at the riser handle without extending below the riser handle; wherein the riser handle is constructed from metal; and wherein the first and second upper primary riser elongated elements constructed from straight carbon composite tubes, each having a round cross section are not anticipated by or found obvious by the cited prior art.
Claims 2-9 and 11 are 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 and amended to overcome the applied objections above.
The following is a statement of reasons for the indication of allowable subject matter: in addition to the other claim limitations, the specific limitations of wherein the at least one primary riser tube comprises a first upper primary riser tube and a first lower primary riser tube that are parallel to the bowstring plane, wherein the first upper primary riser tube and the first lower primary riser tube are offset laterally from the bowstring plane, wherein the first upper primary riser tube extends only above the riser handle, wherein the first lower primary riser tube extends only below the riser handle, wherein the first upper primary riser tube and the first lower primary riser tube are separate and disconnected from one another, or wherein the primary riser tube is adhered with an adhesive in the at least one handle port, wherein the at least one handle port is bounded by a rim, wherein the adhesive is on the primary riser tube and extends beyond the rim in an adhesive area, or wherein the at least one handle port is surrounded by a first port sidewall and a first port bottom wall, wherein the first port bottom wall defines a first vent, wherein a fluid compressed in at least one of the primary riser tube and the at least one handle port is expelled through the first port bottom wall through the first vent or wherein the riser handle includes a shelf above a grasping portion, wherein the riser handle includes an upper riser strut extending above the shelf and defining the at least one handle port, wherein the riser handle includes a lower riser strut extending below the grasping portion, or wherein the primary riser tube is an upper primary riser tube including an upper primary riser tube that terminates at an end located within the first distance wherein the upper riser strut includes a cable guard mount, an arrow rest mount, and a sight mount each respectively configured to mount a cable guard, an arrow rest and a sight to the riser handle or wherein the riser handle includes an upper riser strut extending above a grasping portion, wherein the primary riser tube terminates at a first edge in the at least one handle port, the first edge laying in a first end plane, wherein the upper riser strut includes a sight mount, wherein the first end plane intersects the sight mount is not anticipated by or found obvious by the cited prior art.
Claims 13 and 15-16 are 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: in addition to the other claim limitations, the specific limitations of wherein the first upper primary riser tube and the first lower primary riser tube are each an elongated, straight, hollow tube with a round cross section, wherein the first material is metal, wherein the second material is a carbon composite or the first upper primary riser tube is secured in a first upper handle port of the riser handle with an adhesive disposed between the first upper primary riser tube and a first port sidewall of the first upper handle port, wherein the first upper handle port includes a first upper handle port upper rim, wherein the adhesive extends in an adhesive area above the first upper handle port upper rim, wherein a concealment ring disposed on the first upper primary riser tube conceals the adhesive area from view of a user of the archery bow is not anticipated by or found obvious by the cited prior art.
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, Derus (2015/0362281), Davis (8,079,353), Perrucci (3,055,353) teach similar bows having risers with elongated riser sections/tubular members.
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.
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/ALEXANDER R NICONOVICH/Primary Examiner, Art Unit 3711
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