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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “first draw string stop and second string stop” (e.g., claim 1) and the position of the first and second draw stops (claims 13 , 14 and 20) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
The drawings are objected to because Figs. 14A and 14B are unclear, in particular “the riser”. 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 § 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.
Claims 7, 12, 18 and 20 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 7 recites the limitation "the riser" in line 1. There is insufficient antecedent basis for this limitation in the claim.
In addition, with respect to claim 7, further clarification require what does applicant consider “the riser defining a power cable bracket”. According to the original disclosure, in at least Figs. 21A, the power cable bracket “608” is attached to central rail “402” and not to riser “404”, as claimed.
Same issues with respect to claims 12, 18 and 20, each recites similar limitations.
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 and 5 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-4 of copending Application No. 18/972,336 (“ ‘336”) in view of Islas US 2011/0308508 (“Islas”).
Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-3 of ‘336 recites the above limitations of claim 1, namely” crossbow, comprising: a center rail defining a projectile axis, a first side, and a second side opposite the first side; a first flexible limb including a first end and a second end, the first end coupled with the center rail; a second flexible limb including a first end and a second end, the first end coupled with the center rail; a first cam rotatably coupled with the second end of the first flexible limb for rotation about a first axis, the first axis fixed relative to the first flexible limb; a second cam rotatably coupled with the second end of the second flexible limb for rotation about a second axis, the second axis fixed relative to the second flexible limb; a draw string coupled with the first cam and the second cam, the draw string configured to move between a released configuration and a drawn configuration; a first cable anchor coupled to the center rail and positioned to the first side of the center rail, a second cable anchor coupled the center rail and positioned to the second side of the center rail (equivalent to the “upper and lower” cable anchors” of ‘336); a first power cable engaged with the first power cable journal of the first cam and the first cable anchor; a second power cable engaged with the second power cable journal of the second cam and the second cable anchor (equivalent to “upper and lower power cables engages with the upper and lower cable anchors” of ‘336); a first draw string stop coupled to first cable anchor and positioned vertically below the first cable anchor, the first draw string stop configured to contact the draw string with the draw string in the released configuration; and a second draw string stop coupled to the second cable anchor and positioned vertically below the second cable anchor, the second draw string stop configured to contact the draw string with the draw string in the released configuration (equivalent to “a stop coupled to the center rail, the stop positioned adjacent the upper cable anchor and the lower cable anchor, the stop configured to contact the draw string with the draw string in the released configuration” of ‘336), except “the first cam including a first power cable journal and the second cam including a second power cable journal”.
However, Islas discloses a first cam including a first power cable journal and a second cam including a second power cable journal (cams 20 with power cable groves 28a and 28b)(Fig.1 ;[0013]). Therefore, 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 to form ‘336’s first cam including a first power cable journal and the second cam including a second power cable journal for the reason that a skilled artisan would have been motivated in utilizing known crossbow arrangement of cams-to-cables configure to transfer energy via cams-to-cables-to limbs to fire a projectile/arrow therefrom. The proposed modification has a reasonable expectation of success as the combination will not frustrate the intended purpose of ‘336 to include a well-known power cable journal means in a well-known manner to shoot a projectile/arrow therefrom as the crossbow moves into the drawn configuration (i.e., transfer, stored energy as the crossbow drawn).
Claim 5 recite similar limitations as claim 4 of the ‘336.
This is a provisional nonstatutory double patenting rejection.
Claims 1 and 5 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 4 of U.S. Patent No. 10,254,073 (“ ‘073”) in view of Islas US 2011/0308508 (“Islas”) and Rasor et al US 2010/0170488 (“Rasor”).
Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1, of ‘073, recites the limitations of claim 1, namely “a crossbow, comprising: a center rail defining a projectile axis, a first side, and a second side opposite the first side; a first flexible limb including a first end and a second end, the first end coupled with the center rail; a second flexible limb including a first end and a second end, the first end coupled with the center rail; a first cam rotatably coupled with the second end of the first flexible limb for rotation about a first axis, the first axis fixed relative to the first flexible limb, the first cam including a first power cable journal; a second cam rotatably coupled with the second end of the second flexible limb for rotation about a second axis, the second axis fixed relative to the second flexible limb, the second cam including a second power cable journal; a draw string coupled with the first cam and the second cam, the draw string configured to move between a released configuration and a drawn configuration; a first cable anchor coupled to the center rail and positioned to the first side of the center rail, a second cable anchor coupled the center rail and positioned to the second side of the center rail (equivalent to “ the static attachment points on the crossbow” of ‘073); a first power cable engaged with the first power cable journal of the first cam and the first cable anchor; a second power cable engaged with the second power cable journal of the second cam and the second cable anchor;” except “a first draw string stop coupled to first cable anchor and positioned vertically below the first cable anchor, the first draw string stop configured to contact the draw string with the draw string in the released configuration; and a second draw string stop coupled to the second cable anchor and positioned vertically below the second cable anchor, the second draw string stop configured to contact the draw string with the draw string in the released configuration”.
However, Islas discloses the use of first and second cable anchors attached to a rail of crossbow (pylons 32 attached to stock/beam 12 (Fig. 1); the portions of the pylons, closer to bowstring 22, construed as the “first and second draw sting stops”(Fig. 1; [0013]). Rasor discloses a crossbow 20, wherein a bowstring 66 contacts draw stops (stoppers 72 and 74) in the release configuration (Figs. 1 and 2A; [0053]). Therefore, 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 to form ‘073 with a first draw string stop coupled to first cable anchor and positioned vertically below the first cable anchor, the first draw string stop configured to contact the draw string with the draw string in the released configuration; and a second draw string stop coupled to the second cable anchor and positioned vertically below the second cable anchor, the second draw string stop configured to contact the draw string with the draw string in the released configuration for the reason that a skilled artisan would have been motivated in utilizing a known crossbow arrangement of cams-to-cables configure to transfer energy to fire a projectile/arrow therefrom, and to ensure the bowstring is in the optimum location in the release configuration (e.g., to reduce vibration thereof as the bowstring contacts stop means in the releases configuration).
Claim 5 recite similar limitations as claim 4 of the ‘073 (“a power cable attachment” of ‘073 is equivalent to “a power cable bracket” of above claim 5).
Claims 1 and 5 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,085,728 (“ ‘728”) in view of Islas US 2011/0308508 (“Islas”) and Rasor et al US 2010/0170488 (“Rasor”).
Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1, of ‘073, recites the limitations of above claims 1 and 5, namely “a crossbow, comprising: a center rail defining a projectile axis, a first side, and a second side opposite the first side; a first flexible limb including a first end and a second end, the first end coupled with the center rail; a second flexible limb including a first end and a second end, the first end coupled with the center rail; a first cam rotatably coupled with the second end of the first flexible limb for rotation about a first axis, the first axis fixed relative to the first flexible limb, the first cam including a first power cable journal; a second cam rotatably coupled with the second end of the second flexible limb for rotation about a second axis, the second axis fixed relative to the second flexible limb, the second cam including a second power cable journal; a draw string coupled with the first cam and the second cam, the draw string configured to move between a released configuration and a drawn configuration; a first cable anchor coupled to the center rail and positioned to the first side of the center rail, a second cable anchor coupled the center rail and positioned to the second side of the center rail; a first power cable engaged with the first power cable journal of the first cam and the first cable anchor; a second power cable engaged with the second power cable journal of the second cam and the second cable anchor; a power cable bracket coupled to the center rail, the power cable bracket including the first cable anchor and the second cable anchor, wherein the first draw string stop and the second draw string stop are coupled to the power cable bracket (“equivalent to upper and lower attachment points” of ‘728) except “a first draw string stop coupled to first cable anchor and positioned vertically below the first cable anchor, the first draw string stop configured to contact the draw string with the draw string in the released configuration; and a second draw string stop coupled to the second cable anchor and positioned vertically below the second cable anchor, the second draw string stop configured to contact the draw string with the draw string in the released configuration”.
However, Islas discloses the use of first and second cable anchors attached to a rail of crossbow (pylons 32 attached to stock/beam 12 (Fig. 1); the portions of the pylons, closer to bowstring 22, construed as the “first and second draw sting stops”(Fig. 1; [0013]). Rasor discloses a crossbow 20, wherein a bowstring 66 contacts draw stops (stoppers 72 and 74) in the release configuration (Figs. 1 and 2A; [0053]). Therefore, 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 to form ‘728 with a first draw string stop coupled to first cable anchor and positioned vertically below the first cable anchor, the first draw string stop configured to contact the draw string with the draw string in the released configuration; and a second draw string stop coupled to the second cable anchor and positioned vertically below the second cable anchor, the second draw string stop configured to contact the draw string with the draw string in the released configuration for similar reasons discussed above.
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) 1-3, and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Islas US 2011/0308508 (“Islas”) in view of Rasor et al US 2010/0170488 (“Rasor”).
As per claim 1, Islas discloses a crossbow (crossbow 10)(Figs. 1-4; paragraphs [0006] and [0011]-[0014]), comprising: a center rail defining a projectile axis, a first side, and a second side opposite the first side (beam/stock 12)(Fig. 1; [0011]); a first flexible limb including a first end and a second end, the first end coupled with the center rail (a first flexible limbs 16 coupled to stock 12)(Fig. 1; [0011]); a second flexible limb including a first end and a second end, the first end coupled with the center rail (a second limb 16 coupled to stock 12)(Fig. 1; [0011]); a first cam rotatably coupled with the second end of the first flexible limb for rotation about a first axis, the first axis fixed relative to the first flexible limb, the first cam including a first power cable journal (a first cam wheel 20 coupled to the first limb 16 (Fig. 1); the cam includes power cable journal (grooves 28a/28b)(Figs. 2-4; [0013]); a second cam rotatably coupled with the second end of the second flexible limb for rotation about a second axis, the second axis fixed relative to the second flexible limb, the second cam including a second power cable journal (a second cam wheel 20 coupled to the second limb 16 (Fig. 1); the cam includes power cable journal (grooves 28a/28b)(Figs. 2-4; [0013]); a draw string coupled with the first cam and the second cam (bowstring 22)(Fig. 1), the draw string configured to move between a released configuration and a drawn configuration (Figs. 1-3 in conjunction to [0006] and [0011]-[0014], regarding the operation of the crossbow between “release” and “drawn” configurations); a first cable anchor coupled to the center rail and positioned to the first side of the center rail, a second cable anchor coupled the center rail and positioned to the second side of the center rail (construed as pylons 32)(Fig. 1; [0013]); a first power cable engaged with the first power cable journal of the first cam and the first cable anchor (power cables 26 engages a respective pylons 32 and respective power cable journal/s 28a/28b)(Figs. 1-3; [0013]); a second power cable engaged with the second power cable journal of the second cam and the second cable anchor (power cables 26 engages a respective pylons 32 and respective power cable journal/s 28a/28b)(Figs. 1-3; [0013]); a first draw string stop coupled to first cable anchor and positioned vertically below the first cable anchor and a second draw string stop coupled to the second cable anchor and positioned vertically below the second cable anchor (the portions of the pylons 32, closer to bowstring 22, and vertically below the anchor point of cable 26, construed as the “first and second draw sting stops”, as marked hereinafter in conjunction to Fig. 1).
PNG
media_image1.png
553
729
media_image1.png
Greyscale
Islas is not specific regarding the first draw string stop configured to contact the draw string with the draw string in the released configuration and the second draw string stop configured to contact the draw string with the draw string in the released configuration.
However, Rasor discloses a bowstring 66 contacts draw stops (stoppers 72 and 74) in the release configuration (Figs. 1 and 2A; [0053]). Therefore, 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 to form Islas’ first draw string stop configured to contact the draw string with the draw string in the released configuration and the second draw string stop configured to contact the draw string with the draw string in the released configuration for the reason that a skilled artisan would have been motivated in utilizing known arrangement to ensure the bowstring is in the optimum location in the release configuration (e.g., to reduce vibration thereof as the bowstring contacts stop means in the releases configuration). The proposed modification has a reasonable expectation of success as the combination will not frustrate the intended purpose of Islas’ to ensure the bowstring is in the optimum position in the released configuration.
As per claim 2, Islas discloses further comprising: a riser coupled with the center rail (riser 14 coupled to stock 14)(Fig. 1; [0011]); wherein the first end of the first flexible limb is coupled to the riser and the first end of the second flexible limb is coupled to the riser (limbs 16 coupled to riser 14)(Fig. 1; [0011]); wherein the first cable anchor is coupled to the riser and the second cable anchor is coupled to the riser (pylons 32 coupled with riser 14)(Fig. 1; [0013]).
As per claim 3, with respect to further comprising: the first cam including: a first draw string journal defining a first draw string plane of rotation perpendicular to the first axis, and the first power cable journal extends at least partially in a direction perpendicular to the first draw string plane of rotation; and the second cam including: a second draw string journal defining a second draw string plane of rotation perpendicular to the second axis, and the second power cable journal extends at least partially in the direction perpendicular to the first draw string plane of rotation, note Islas’ Fig. 4 in conjunction to [0013] and Figs. 2 and 3, regarding each cam 20, includes bowstring groove/journal 24 and power cables grooves/journals 28a/28b at such positions; with respect to wherein the first draw string stop and the second draw string stop are positioned at least partially within the first draw string plane of rotation and the second draw string plane of rotation, note Islas’ Fig. 1 in conjunction to the above markings (regarding the “draw stops”) as well as Rasor’s Figs. 1 and 2A (e.g., stops 72 and 74), as the stops are at such plane of rotation of the bowstring.
As per claim 8, with respect to wherein the first cable anchor is a first upper cable anchor and the second cable anchor is a second upper cable anchor, the crossbow further comprising: a first lower cable anchor coupled to the center rail and positioned vertically beneath the first upper cable anchor; and a second lower cable anchor coupled to the center rail and positioned vertically beneath the second upper cable anchor, note Islas’ Fig. 1 in conjunction to [0013] and Fig.3 as each pylons includes “upper and lower” anchor means to “upper and lower power cables” 26.
Claim(s) 5-7 and 9-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Islas and Rasor as applied to claims 1 and 8 above, and further in view of McPherson US 8,991,375 (“McPherson”).
As per claim 5, with respect to including the first cable anchor and the second cable anchor, wherein the first draw string stop and the second draw string stop, note Islas’ Fig. 1 regarding pylons 32 as the anchors with the draw stops (as marked above with respect to claim 1).
Islas is not specific regarding comprising a power cable bracket coupled to the center rail.
However, McPherson discloses further comprising a power cable bracket coupled to the center rail (cable positioner 48, to accommodate power cables 18 and 19, is coupled with rails/stock 40, of crossbow 10)(Figs. 1-3; 3:5-20). Therefore, 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 to form Islas’ further comprising a power cable bracket coupled to the center rail for the reason that a skilled artisan would have been motivated in using a known mechanical arrangement to engages the power cables while the mechanical arrangement coupled to the crossbow’s rail. Islas discloses two separates pylons attached to the crossbow’s rail to engages with the power cables, whereas McPherson teaches a single bracket coupled with rail while engaging the power cable, and utilizing a single bracket with Islas would have been obvious as such amount to merely using “a single piece” (e.g., a single bracket) instead of “separate pieces” (e.g., pylons) to perform the same, as means configure to engages power cable while the it attached to a crossbow’s rail. To that end, it is noted that it has been held that where the only difference between a prior art product and a claimed product is the construction of the claimed product, the Federal Circuit have held “that the use of a one piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice” In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965). The proposed modification has a reasonable expectation of success as the combination will not frustrate the intended purpose of Islas to include power cables engagement means coupled to the crossbow’s rail.
Within the modified Islas the power cable bracket (as taught by McPherson) including the first cable anchor and the second cable anchor (as taught by Islas), wherein the first draw string stop and the second draw string stop (as taught by Islas) are coupled to the power cable bracket (a bracket taught by McPherson, with the stops of Islas).
As per claim 6, with respect to wherein the power cable bracket extends from the first side of the center rail to the second side of the center rail and straddles the projectile axis, note McPherson’s Figs. 1-3 as positioner 48 (power cable bracket) is above stock 40. Therefore, 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 to form Islas’ wherein the power cable bracket extends from the first side of the center rail to the second side of the center rail and straddles the projectile axis for similar reasons discussed above with respect to claim 5.
As per claim 7, Islas discloses further comprising a riser coupled to the center rail (riser 14 coupled to stock 12)(Fig. 1; [0011]) , the riser defining a power cable attachment means (pylons 32)(Fig. 1; [0013]), the first cable anchor and the second cable anchor coupled to the power attachment means (Fig. 1; and [0013]); with respect to the attachment means is a power cable bracket and wherein the power cable bracket extends over the center rail and straddles the projectile axis, note McPherson’s Figs. 1-3 (3:5-20) regarding cable positioner 48 (i.e., a power cable bracket). Therefore, 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 to form Islas’ attachment means as a power cable bracket and wherein the power cable bracket extends over the center rail and straddles the projectile axis for similar reasons discussed above with respect to claim 5.
As per claim 9, with respect to further comprising an attachment means coupled to the center rail, the attachment means including the first upper cable anchor, the first lower cable anchor, the second upper cable anchor, and the second lower cable anchor, wherein the first draw string stop and the second draw string stop are coupled to the attachment means, note Islas’ Fig. 1 in conjunction to [0013] and Fig.3 as each pylons 32 includes “upper and lower” anchor means to “upper and lower power cables” 26; also note Fig. 1 regarding pylons 32, as marked above with respect to claim 1, regarding the anchors with the draw stops.
Islas is not specific as the attachment means is a power cable bracket.
However, McPherson discloses further comprising a power cable bracket coupled to the center rail (cable positioner 48, to accommodate power cables 18 and 19, is coupled with rails/stock 40, of crossbow 10)(Figs. 1-3; 3:5-20). Therefore, 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 to form Islas’ attachment means as a power cable bracket for similar reasons discussed above with respect to claim 5.
Within the modified Islas by at least the teachings of McPherson the cable anchors and the draw stops would have been coupled to the power cable bracket attached to the crossbow’s rail.
As per claim 10, with respect to wherein the power cable bracket extends over the center rail and straddles the projectile axis, note McPherson’s Figs. 1-3 as positioner 48 (power cable bracket) is above stock 40. Therefore, 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 to form Islas’ wherein the power cable bracket extends over the center rail and straddles the projectile axis for similar reasons discussed above with respect to claim 5.
As per claim 11, with respect to wherein the power cable bracket is positioned forward of the first axis and the second axis along the projectile axis of the crossbow, note Islas’ Fig. 1 regarding the pylons 32 are at such position with respect to the first and second axis (of the cams 20). Within the modified Islas by at least the teachings of McPherson the attachment means (i.e. pylons) of Islas would have been a power cable bracket (e.g., McPherson’s Figs. 1-3, as positioner 48).
As per claim 12, Islas discloses further comprising a riser coupled to the center rail (riser 14 coupled to stock 12)(Fig. 1; [0011]), the riser including an attachment means(pylons 32)(Fig. 1; [0013]), the first upper cable anchor, the first lower cable anchor, the second upper cable anchor, and the second lower cable anchor coupled to the attachment means, note Islas’ Fig. 1 in conjunction to [0013] and Fig.3 as each pylons 32 includes “upper and lower” anchor means to “upper and lower power cables” 26; also note Fig. 1 regarding pylons 32, as marked above with respect to claim 1, regarding the anchors with the draw stops.
Islas is not specific as the attachment means is a power cable bracket and wherein the power cable bracket extends over the center rail and straddles the projectile axis.
However, McPherson discloses further comprising a power cable bracket coupled to the center rail (cable positioner 48, to accommodate power cables 18 and 19, is coupled with rails/stock 40, of crossbow 10)(Figs. 1-3; 3:5-20); also, note the positioner 48 (power cable bracket) is above stock 40. Therefore, 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 to form Islas’ attachment means as a power cable bracket and wherein the power cable bracket extends over the center rail and straddles the projectile axis for similar reasons discussed above with respect to claim 5.
Examiner’s comments
Claims 4 and 13 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 closest prior art to Islas, Rasor and McPherson is not specific nor render it obvious to form a crossbow that among other things “wherein the first cable anchor is positioned vertically above the first draw string plane of rotation, wherein the second cable anchor is positioned vertically above the second draw string plane of rotation” as require within claim 4.
The closest prior art to Islas, Rasor and McPherson is not specific nor render it obvious to form a crossbow that among other things “wherein the first draw string stop is positioned at least partially between the first upper cable anchor and the first lower cable anchor, wherein the second draw string stop is positioned at least partially between the second upper cable anchor and the second lower cable anchor” as require within 13.
Allowable Subject Matter
Claims 14-17 and 19 allowed.
The closest prior art to Islas, Rasor and McPherson is not specific nor render it obvious to form a crossbow that among other things “a first draw string stop coupled to the first upper cable anchor and the first lower cable anchor and positioned at least partially between the first upper cable anchor and the first lower cable anchor, the first draw string stop configured to contact the draw string with the draw string in the released configuration; and a second draw string stop coupled to the second upper cable anchor and the second lower cable anchor and positioned at least partially between the second upper cable anchor and the second lower cable anchor, the second draw string stop configured to contact the draw string with the draw string in the released configuration” as require within independent claim 14.
Claim 20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The closest prior art to Islas, Rasor and McPherson is not specific nor render it obvious to form a crossbow with a power cable bracket attached to a bracket, that among other things “the power cable bracket comprising: a first upper cable anchor positioned proximate the first side of the center rail; a first lower cable anchor positioned proximate the first side of the center rail and vertically below the first upper cable anchor such that a first gap exists between the first upper cable anchor and the first lower cable anchor; a second upper cable anchor positioned proximate the second side of the center rail; and a second lower cable anchor positioned proximate the second side of the center rail and vertically below the second upper cable anchor such that a second gap exists between the second upper cable anchor and the second lower cable anchor; a first draw string stop coupled to the first upper cable anchor and the first lower cable anchor and positioned at least partially within the first gap, the first draw string stop configured to contact the draw string with the draw string in the released configuration; and a second draw string stop coupled to the second upper cable anchor and the second lower cable anchor and positioned at least partially between within the second gap, the second draw string stop configured to contact the draw string with the draw string in the released configuration”, as require within independent claim 20.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMIR ARIE KLAYMAN whose telephone number is (571)270-7131. The examiner can normally be reached Monday-Friday; 7:00 AM-4:30 PM. 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.
/A.A.K/Examiner, Art Unit 3711 10/8/2026
/JOHN E SIMMS JR/Primary Examiner, Art Unit 3711
Prosecution Insights