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 .
Amendment filed 7/27/2026 has been entered. Claims 1-20 remain pending in the present application.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-14 and 16-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jaggard US 10,208,889 (hereinafter Jaggard).
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Re. Cl. 1, Jaggard discloses: A bow stand (Fig. 6) comprising: a first body portion (40, Fig. 1), a second body portion (20, Fig. 1) and a third body portion (30, Fig. 1), the first body portion moveable with respect to the second body portion (see Fig. 1, via 20c fitting over 40c) about a first axis (see Fig. 6-8, axis passing through connection between 20c and 40c); the third body portion movable with respect to the first body portion about a second axis (see Fig. 6-8, movable about a second axis where 40c passes through 30c), the second axis offset from the first axis (see Fig. 6 there is a vertical spacing where 30c and 20c fit over 40, therefore there is a vertical spacing between the axes which enable movement of 20 and 30 about 40, i.e. these axes being vertically offset); 5a first contact surface (40e, Fig. 10), a second contact surface (20e, Fig. 10) and a third contact surface (30e, Fig. 10) arranged to contact a supporting surface (see Fig. 10, by being located on the bottom of the legs, the surfaces 20e, 30e and 40e are arranged to contact a supporting ground surface); and an engagement cavity (see Fig. 6, space between 40a/20a/30a and the upper bars of 40b/20b/30b) arranged to engage a frame of an archery bow (see Fig. 6, the space under 40a, 20a and 30a is arranged to engage a frame of an archery boy by having the frame rest therein); wherein the first axis is orthogonal to the supporting surface when the supporting surface contacts the first contact surface, the second contact surface and the third contact surface (see Fig. 10, the contact surfaces 20e, 30e, 40e are arranged to be used to contact a supporting surface orthogonal to the axes relating 20c/30c to 40c, thus being configured as claimed).
Re. Cl. 2, Jaggard discloses: the first body portion extending nonparallel to the second body portion (see Fig. 6, 40 and 20 are not parallel to each other since they radiate from the center 40c).
Re. Cl. 3, Jaggard discloses: a stop (52, Fig. 6) arranged to limit movement of the second body portion with respect to the first body portion (see Fig. 6 by fitting into 20g as shown in Fig. 4 and 6).
Re. Cl. 4, Jaggard discloses: the first body portion comprising a first cavity (see Fig. 6, between 40a and the upper bar of 40b), the second body portion comprising a second cavity (see Fig. 6, between 20a and the upper bar of 20b), the engagement cavity comprising the first cavity and the second cavity (see Fig. 6).
Re. Cl. 5, Jaggard discloses: the first body portion comprising the first contact surface (see Fig. 10), the second body portion comprising the second contact surface (see Fig. 10).
Re. Cl. 6, Jaggard discloses: the first body portion comprising a first half and a second half, the first half symmetrical with the second half across a longitudinal reference plane (see annotated figure 7).
Re. Cl. 7, Jaggard discloses: the second body portion symmetrical with the third body portion across the longitudinal reference plane (see annotated figure 7, the shapes of 20, 30 are equally reflected over the annotated reference plane, thus exhibiting symmetry).
Re. Cl. 8, Jaggard discloses: the third body portion comprising a third cavity (see Fig. 6, between 30a and the upper bar of 30b), the engagement cavity comprising the third cavity (see Fig. 6).
Re. Cl. 9, Jaggard discloses: the engagement cavity arranged to engage a limb cup (see Fig. 6, the engagement cavity is arranged to engage a limb cup by placing the limb cup in the engagement cavity).
Re. Cl. 10, Jaggard discloses: A bow stand (Fig. 6) comprising: 25a first body portion (40, Fig. 6) comprising a first cavity (see Fig. 6, between 40a and upper bar of 40b) and a first contact surface (40e, Fig. 10); a second body portion (20, Fig. 6) moveable with respect to the first body portion (see Fig. 1-6, by having 20c fit over 40c), the second body portion comprising a second cavity (see Fig. 6, between 20a and upper bar of 20b) and a second contact surface (20e, Fig. 10); and a third body portion (30, Fig. 6) moveable with respect to the first body portion (see Fig. 6, by having 30c fit over 40c), the third body portion comprising a third cavity (see Fig. 6, between 30a and the upper bar of 30b) and a third contact surface (30e, Fig. 10); the first contact surface, the second contact surface and the third contact surface arranged to contact a supporting surface (see Fig. 10, arranged to rest on a ground surface), the second body portion symmetrical with the third body portion across a longitudinal reference plane (see annotated figure 7); 30wherein the first cavity, the second cavity and the third cavity form an engagement cavity (see Fig. 6) arranged to engage a frame of an archery bow (see Fig. 6, the space under 40a, 20a and 30a is arranged to engage a frame of an archery boy by having the frame rest therein).
Re. Cl. 11, Jaggard discloses: the second body portion rotatable with respect to the first body portion about a first axis (see Fig. 6, by depressing 52 and rotating 20 to a collapsed position, rotatable about an axis passing through where 20c sits on 40c).
Re. Cl. 12, Jaggard discloses: the third body portion rotatable with respect to the first body portion about a second axis (see Fig. 6, by depressing 52 and rotating 30 to a collapsed position, rotatable about an axis passing through where 30c sits on 40c).
Re. Cl. 13, Jaggard discloses: the first axis is offset from the second axis (see Fig. 6, 20 and 30 are vertically spaced from one another and therefore the axes which connect 20c and 40c and 30c and 40 are also vertically offset from one another).
Re. Cl. 14, Jaggard discloses: the reference plane bisecting the first body portion (see annotated figure 7).
Re. Cl. 16, Jaggard discloses: a stop (52, Fig. 6) arranged to limit movement of the second body portion with respect to the first body portion (see Fig. 6 and 3-4, by fitting into 20g).
Re. Cl. 19, Jaggard discloses: the engagement cavity arranged to engage a limb cup (see Fig. 6, the engagement cavity is arranged to engage a limb cup by placing the limb cup in the engagement cavity).
Claim Rejections - 35 USC § 103
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 15 is rejected under 35 U.S.C. 103 as being unpatentable over Jaggard in view of DeBaun US 4542875 (hereinafter DeBaun).
Re. Cl. 15, Jaggard does not disclose the second body portion comprises a bumper, the bumper defining the second cavity. DeBaun discloses a supporting device (Fig. 1) which includes various body portions (14, 16) that function to support an object (10, Fig. 1) thereon by having the device positioned in a cavity (see Fig. 1, 3). Re. Cl. 15, DeBaun discloses the second body portion (16, Fig. 1) comprises a bumper (24, Fig. 1), the bumper defining the second cavity (see Fig. 1, where the object 10 fits in).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Jaggard device to have its ends (20a, 30a, 40a) include the bumper of DeBaun with reasonable expectation of success since DeBaun states that such a modification provides a protective device which avoids direct contact between the device and object held (Col. 1, Lines 45-50).
Claims 17-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Jaggard in view of Felsent US 2004/0195475 (hereinafter Felsent).
Re. Cls. 17-18 and 20, Jaggard does not disclose the first, second and third contact surface comprise a plurality of peaks and valleys. Felsent discloses a contact surface (24, Fig. 1) which has various different structures for contacting various different supporting surfaces (see Fig. 6-8 for instance). Re. Cl. 17-18 and 20, Felsent discloses that it is known to use peaks and valleys (see 38 and spaces between them in Fig. 7, 8 or 50 and spaces between them in Fig. 5) to optimize the contacts or frictional gripping of particular supporting surfaces (see Fig. 5-8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Jaggard device to employ the peaks and valleys of Felsent with reasonable expectation of success since Felsent states that such a modification provides for stabilization on floors having different textures (Paragraph 0032, Lines 1-6).
Response to Arguments
Applicant's arguments filed 7/27/2026 have been fully considered but they are not persuasive.
Re. Applicant’s argument that Jaggard does not disclose the limitations in amended claim 1, the Examiner disagrees. Specifically Applicant argues that the axes in Jaggard are not offset from one another since they concentrically arranged. It is the Examiner’s position that the Applicant is of the position that the claims require the axes to be offset laterally or horizontally as can be seen in Fig. 1 of the Application which shows the positions of (18) and (16) as being laterally offset. However, Applicant’s claim language does not require such a lateral offset as discussed above in reference to Jaggard. As explained above, it is the Examiner’s position that since (20) and (30) are vertically stacked onto (40) as can be seen in Fig. 6 for instance, there would be a vertical offset or spacing between the axis which (40c and 20c) establish and which (40c and 30c) establish. It is the Examiner’s position that the axes being coaxial or parts (20c and 30c) being concentric does not prevent them from having an offset (i.e. vertical offset) as the Applicant appears to be arguing. Therefore, Applicant’s argument has been considered but is not persuasive.
Re. Applicant’s argument that Jaggard’s second and third body portions are not symmetrical, the Examiner disagrees. Applicant is of the position that since there is some heigh difference in (20c) and (30c), they cannot be symmetrical as claimed. However, Applicant’s claim language requires a particular plane of symmetry which is a “longitudinal reference plane.” As can be seen in annotated figure 7, the longitudinal reference plane is drawn splitting leg (40) in half. Based on that particular plane of symmetry, it is the Examiner’s position that the shapes of the 20, 30, including both 20c and 30c are equally reflected over the annotated reference plane, thus exhibiting the claimed symmetry. Any potential height difference referred to by the Applicant would be a symmetrical difference about a specific reference plane not required by the claims. Therefore, Applicant’s argument has been considered but is not persuasive.
Applicant’s arguments with respect to claim(s) 15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hseih US 6695268 discloses a horizontal offset of rotational axes between a tripod which is similar to Applicant’s disclosed offset seen in Fig. 1.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E GARFT whose telephone number is (571)270-1171. The examiner can normally be reached Monday-Friday 8:00 a.m. to 5:00 p.m..
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, Terrell McKinnon can be reached at (571)272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632
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