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 1-20, filed 1/13/2025, are pending and are currently being examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/13/2025 was 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 statement is being considered by the examiner.
The information disclosure statement filed 1/13/2025 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file (the unprovided references is included in the references cited by the examiner).
Drawings
The drawings are objected to because 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.
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Pat. No. 11,874,084. Further, it appears that U.S. Pat. No. 11,549,777, 12,130,113, and 12,196,524 could potentially become relevant after amendments as they are similar related patents, however these do not appear to be as clear of an issue at this moment. Although the claims at issue are not identical they appear to be anticipated by the patented claims and/or the differences are not significant to overcome obvious modifications to one having ordinary skill in the art from the patented claims.
In Reference to Claim 1
A crossbow, comprising:
a stock defining a front end and a rear end; and
a limb including:
a fixed end affixed to the stock between the front end and the rear end, and
a free end positioned between the front end and the rear end,
wherein the limb is configured to flex in a substantially vertical plane.
Claim 11 of 11,874,084 (identical language in bold)
A crossbow, comprising:
a stock defining a front end, a rear end, and a projectile flight path;
a string let out assembly rotatably mounted to the stock and configured to rotate about an axis, the axis perpendicular to and vertically below the projectile flight path; and
a limb including:
a fixed end affixed to the stock between the front end and the rear end, and
a free end positioned between the front end and the rear end,
wherein the limb is configured to flex in a substantially vertical plane.
In Reference to Claim 1
A crossbow, comprising:
a stock defining a front end and a rear end; and
a limb including:
a fixed end affixed to the stock between the front end and the rear end, and
a free end positioned between the front end and the rear end,
wherein the limb is configured to flex in a substantially vertical plane.
In Reference to Claim 2
The crossbow of claim 1, further comprising a string let out assembly rotatably coupled to the stock and including a drawstring groove configured to support a drawstring, and a cable groove configured to support a power cable coupled between the cable groove and the free end of the limb.
Claim 7 of 11,874,084
A crossbow, comprising:
a stock defining a projectile flight path;
a string let out assembly rotatably coupled to the stock about an axis of rotation perpendicular to and vertically below the projectile flight path, the string let out assembly including a drawstring groove configured to support a drawstring, and a cable groove configured to support a power cable; and a limb including:
a fixed end affixed to the stock below the projectile flight path, and a free end configured to couple to the power cable and flex in a substantially vertical plane.
Claim 9 of 11,874,084
The crossbow of claim 7, wherein the stock defines a front end and a rear end, wherein the fixed end of the limb is affixed to the stock between the front end and the rear end, and wherein the free end of the limb is positioned between the front end and the rear end.
In Reference to Claim 3
The crossbow of claim 2, wherein the string let out assembly defines an axis of rotation perpendicular to a projectile flight path.
Claim 6 of 11,549,777
The crossbow of claim 1, further comprising a string let out assembly rotatable about an axle in a first direction and a second direction, the axle being perpendicular to the arrow flight path.
In Reference to Claim 4
The crossbow of claim 3, wherein the free end of the limb is positioned between the rear end and the axis of rotation of the string let out assembly.
Claim 3 of 11,874,084
The crossbow of claim 1, wherein the free end of the limb is positioned between the rear end and the axis.
In Reference to Claim 5
The crossbow of claim 2, wherein the string let out assembly defines an axis of rotation perpendicular to the substantially vertical plane.
Claim 4 of 11,874,084
The crossbow of claim 1, wherein the axis is substantially perpendicular to the substantially vertical plane.
In Reference to Claim 6
The crossbow of claim 1, wherein the crossbow defines a projectile flight path, wherein the fixed end is affixed to the stock below the projectile flight path, and wherein the free end is positioned above the projectile flight path.
Claim 5 of 11,874,084
The crossbow of claim 1, wherein the fixed end is affixed to the stock below the projectile flight path, and wherein the free end is positioned above the projectile flight path (flight path already covered above).
In Reference to Claim 7
The crossbow of claim 6, wherein the free end flexes toward the projectile flight path within the substantially vertical plane when the crossbow is drawn.
Claim 6 of 11,874,084
The crossbow of claim 5, wherein, during operation of the crossbow as the crossbow is drawn, the free end flexes toward the projectile flight path within the substantially vertical plane.
In Reference to Claim 8
A crossbow, comprising:
a stock defining a projectile flight path;
a string let out assembly rotatably coupled to the stock about an axis of rotation perpendicular to the projectile flight path, the string let out assembly including a drawstring groove configured to support a drawstring, and a cable groove configured to support a power cable; and
a limb including:
a fixed end affixed to the stock below the projectile flight path, and
a free end configured to couple to the power cable and flex in a substantially vertical plane.
Claim 7 of 11,874,084 (identical language in bold)
A crossbow, comprising:
a stock defining a projectile flight path;
a string let out assembly rotatably coupled to the stock about an axis of rotation perpendicular to and vertically below the projectile flight path, the string let out assembly including a drawstring groove configured to support a drawstring, and a cable groove configured to support a power cable; and
a limb including:
a fixed end affixed to the stock below the projectile flight path, and
a free end configured to couple to the power cable and flex in a substantially vertical plane.
In Reference to Claim 9
The crossbow of claim 8, wherein the substantially vertical plane is perpendicular to the axis of rotation of the string let out assembly.
Claim 8 of 11,874,084
The crossbow of claim 7, wherein the substantially vertical plane is substantially perpendicular to the axis of rotation of the string let out assembly.
In Reference to Claim 10
The crossbow of claim 8, wherein the stock defines a front end and a rear end, wherein the fixed end of the limb is affixed to the stock between the front end and the rear end, and wherein the free end of the limb is positioned between the front end and the rear end.
Claim 9 of 11,874,084
The crossbow of claim 7, wherein the stock defines a front end and a rear end, wherein the fixed end of the limb is affixed to the stock between the front end and the rear end, and wherein the free end of the limb is positioned between the front end and the rear end.
In Reference to Claim 11
The crossbow of claim 8, wherein the stock defines a rear end, and wherein the free end of the limb is positioned between the axis of rotation of the string let out assembly and the rear end.
Claim 10 of 11,874,084
The crossbow of claim 7, wherein the stock defines a rear end, and wherein the free end of the limb is positioned between the axis of rotation of the string let out assembly and the rear end.
In Reference to Claim 12
The crossbow of claim 8, wherein the stock defines a rear end, and further comprising a trigger positioned between the axis of rotation of the string let out assembly and the rear end.
Claim 11 of 11,874,084
The crossbow of claim 7, wherein the stock defines a rear end, and further comprising a trigger positioned between the axis of rotation of the string let out assembly and the rear end.
In Reference to Claim 13
The crossbow of claim 8, further comprising a second limb including: a second fixed end affixed to the stock below the projectile flight path, and a second free end configured to couple to a second power cable and flex in a second substantially vertical plane.
Claim 12 of 11,874,084
The crossbow of claim 7, further comprising a second limb including: a second fixed end affixed to the stock below the projectile flight path, and a second free end configured to couple to a second power cable and flex in a second substantially vertical plane.
In Reference to Claim 14
The crossbow of claim 13, wherein a width defined by the limb and the second limb is less than about 4.5 inches.
Claim 13 of 11,874,084
The crossbow of claim 12, wherein a width defined by the limb and the second limb is less than about 4.5 inches.
In Reference to Claim 15
A crossbow, comprising:
a stock defining a rear end;
a string let out assembly including:
a drawstring groove configured to support a drawstring,
a first cable groove configured to support a first power cable, and
a second cable groove configured to support a second power cable,
wherein the drawstring groove, the first power cable groove, and the second power cable groove rotate about an axis of rotation;
a first limb including:
a first fixed end affixed to the stock between the rear end and the axis of rotation of the string let out assembly, and
a first free end configured to couple to the first power cable and flex in a first substantially vertical plane; and
a second limb including:
a second fixed end affixed to the stock between the rear end and the axis of rotation of the string let out assembly, and
a second free end configured to couple to the second power cable and flex in a second substantially vertical plane.
Claim 14 of 11,874,084
A crossbow, comprising:
a stock defining a rear end and a projectile flight path;
a string let out assembly including:
a drawstring groove configured to support a drawstring, a first cable groove configured to support a first power cable, and a second cable groove configured to support a second power cable, wherein the drawstring groove, the first cable groove, and the second cable groove rotate about an axis of rotation, wherein the axis of rotation is substantially perpendicular to and vertically below the projectile flight path;
a first limb including:
a first fixed end affixed to the stock between the rear end and the axis of rotation of the string let out assembly, and
a first free end configured to couple to the first power cable and flex in a first substantially vertical plane; and
a second limb including:
a second fixed end affixed to the stock between the rear end and the axis of rotation of the string let out assembly, and
a second free end configured to couple to the second power cable and flex in a second substantially vertical plane.
In Reference to Claim 16
The crossbow of claim 15, wherein the crossbow defines a projectile flight path, wherein the first fixed end and the second fixed end are affixed to the stock below the projectile flight path, and wherein the first free end and the second free end are positioned above the projectile flight path.
Claim 15 of 11,874,084
The crossbow of claim 14, wherein the first fixed end and the second fixed end are affixed to the stock below the projectile flight path, and wherein the first free end and the second free end are positioned above the projectile flight path.
In Reference to Claim 17
The crossbow of claim 15, further comprising a trigger positioned between the axis of rotation of the string let out assembly and the rear end.
Claim 16 of 11,874,084
The crossbow of claim 14, further comprising a trigger positioned between the axis of rotation of the string let out assembly and the rear end.
In Reference to Claim 18
The crossbow of claim 15, wherein the first free end and the second free end are positioned between the axis of rotation of the string let out assembly and the rear end.
Claim 17 of 11,874,084
The crossbow of claim 14, wherein the first free end and the second free end are positioned between the axis of rotation of the string let out assembly and the rear end.
In Reference to Claim 19
The crossbow of claim 15, wherein the first limb and the second limb define a width less than about 8 inches.
Claim 18 of 11,874,084
The crossbow of claim 14, wherein the first limb and the second limb define a width less than about 8 inches.
In Reference to Claim 20
The crossbow of claim 15, wherein the first limb and the second limb define a width less than about 4.5 inches.
Claim 19 of 11,874,084
The crossbow of claim 14, wherein the first limb and the second limb define a width less than about 4.5 inches.
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 1-4, 6-8, 10-13, 15-18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Popov US Pat. No. 10,533,822.
Popov teaches:
In Reference to Claim 1
A crossbow (crossbow 1 has a path along the barrel for firing an arrow along a flight path from a front end thereof, Fig. 1a-b, 2a-b, 4a-b), comprising:
a stock defining a front end and a rear end (a foregrip and a handle secured to the stock of frame 1 having front and rear ends); and
a limb (limbs 4/5) including:
a fixed end affixed to the stock between the front end and the rear end (fixed ends of limbs 4/5 connect to the stock between the front and rear ends of the frame, Fig. 2a/b), and
a free end positioned between the front end and the rear end (free ends connect to cables 11/12 between the front and rear ends of the frame, Fig. 2a/b),
wherein the limb is configured to flex in a substantially vertical plane (each limb 4/5 is positioned to flex vertically from the fixed end along the length in a vertical plane, Fig. 2a/b).
In Reference to Claim 2
The crossbow of claim 1, further comprising a string let out assembly rotatably coupled to the stock and including a drawstring groove configured to support a drawstring, and a cable groove configured to support a power cable coupled between the cable groove and the free end of the limb (each pulley 6/8 is rotatably secured to a respective end of drawstring 10 and accepts power cables 11/12 in a groove area, which causes the pulleys to rotate about perpendicular axle 7/9 in rearward and forward directions during draw and firing along the arrow path respectively, Fig. 1).
In Reference to Claim 3
The crossbow of claim 2, wherein the string let out assembly defines an axis of rotation perpendicular to a projectile flight path (the pulleys 6/8 rotate about axes (vertical) perpendicular to the arrow path (horizontal along the frame), Fig, 2a/b).
In Reference to Claim 4
The crossbow of claim 3, wherein the free end of the limb is positioned between the rear end and the axis of rotation of the string let out assembly (Fig. 2b shows the free end of the limbs 4/5 being positioned between the string cam assembly and the rear of the frame).
In Reference to Claim 6
The crossbow of claim 1, wherein the crossbow defines a projectile flight path, wherein the fixed end is affixed to the stock below the projectile flight path, and wherein the free end is positioned above the projectile flight path (Fig. 2b shows the free end of the limbs 4/5 being just above the arrow path/stock upper firing surface and the fixed ends being below the projectile path).
In Reference to Claim 7
The crossbow of claim 6, wherein the free end flexes toward the projectile flight path within the substantially vertical plane when the crossbow is drawn (Fig. 2b, the free ends of limbs 4/5 would flex slightly forward and downward towards the flight path as the bow is drawn).
In Reference to Claim 8
A crossbow (crossbow 1 has a path along the barrel for firing an arrow along a flight path from a front end thereof, Fig. 1a-b, 2a-b, 4a-b), comprising:
a stock defining a projectile flight path (frame 1 has an upper surface defining a projectile path there along between the trigger housing and the front end, Fig. 2a/b);
a string let out assembly rotatably coupled to the stock about an axis of rotation perpendicular to the projectile flight path, the string let out assembly including a drawstring groove configured to support a drawstring, and a cable groove configured to support a power cable (a string let out assembly including each pulley 6/8, which is rotatably secured to a respective end of drawstring 10 and accepts power cables 11/12 in a groove area, which causes the pulleys to rotate about perpendicular axle 7/9 in rearward and forward directions during draw and firing along the arrow path respectively, Fig. 1); and
a limb (limbs 4/5) including:
a fixed end affixed to the stock below the projectile flight path, and a free end configured to couple to the power cable and flex in a substantially vertical plane (fixed lower ends connect the limbs to the stock and opposite free ends connect to cables 11/12 between the front and rear ends of the frame, Fig. 2a/b, wherein each of the limbs flex in a vertical plane).
In Reference to Claim 10
The crossbow of claim 8, wherein the stock defines a front end and a rear end, wherein the fixed end of the limb is affixed to the stock between the front end and the rear end, and wherein the free end of the limb is positioned between the front end and the rear end (Fig. 2b shows the fixed and free end of the limbs 4/5 being positioned between the front and rear ends of the frame).
In Reference to Claim 11
The crossbow of claim 8, wherein the stock defines a rear end, and wherein the free end of the limb is positioned between the axis of rotation of the string let out assembly and the rear end (Fig. 2b shows the free end of the limbs 4/5 being positioned between the string cam assembly and the rear of the frame).
In Reference to Claim 12
The crossbow of claim 8, wherein the stock defines a rear end, and further comprising a trigger positioned between the axis of rotation of the string let out assembly and the rear end (unlabeled trigger and trigger housing near foregrip and handle are situated on the frame 1 along the flight path between the front end/string let out assembly 6/8 and the rear end of the frame, Fig. 2b).
In Reference to Claim 13
The crossbow of claim 8, further comprising a second limb (other of limbs 4/5) including: a second fixed end affixed to the stock below the projectile flight path, and a second free end configured to couple to a second power cable and flex in a second substantially vertical plane (fixed lower ends connect the limbs to the stock and opposite free ends connect to cables 11/12 between the front and rear ends of the frame, Fig. 2a/b, wherein each of the limbs flex in a vertical plane).
In Reference to Claim 15
A crossbow (crossbow 1 has a path along the barrel for firing an arrow along a flight path from a front end thereof, Fig. 1a-b, 2a-b, 4a-b), comprising:
a stock defining a rear end (frame 1 with a rear end, Fig. 2a/b);
a string let out assembly (a string let out assembly including each pulley 6/8, which is rotatably secured to a respective end of drawstring 10 and accepts power cables 11/12 in a groove area, which causes the pulleys to rotate about perpendicular axle 7/9 in rearward and forward directions during draw and firing along the arrow path respectively, Fig. 1) including:
a drawstring groove configured to support a drawstring (drawstring 10 secured to the cam assembly via grooved outer surfaces),
a first cable groove configured to support a first power cable (power cables 11/12 secured at one end to the free limb end and to a respective cable groove/outer surface of the cam assemblies), and
a second cable groove configured to support a second power cable (power cables 11/12 secured at one end to the free limb end and to a respective cable groove/outer surface of the cam assemblies),
wherein the drawstring groove, the first power cable groove, and the second power cable groove rotate about an axis of rotation (each pulley rotates about a vertical axis of rotation about perpendicular axle 7/9 in rearward and forward directions during draw and firing along the arrow path respectively);
a first limb (limbs 4/5) including:
a first fixed end affixed to the stock between the rear end and the axis of rotation of the string let out assembly, and a first free end configured to couple to the first power cable and flex in a first substantially vertical plane (fixed lower ends connect the limbs to the stock between the axis and rear ends of the frame and have opposite free ends connect to cables 11/12, Fig. 2a/b, wherein each of the limbs flex in a vertical plane); and
a second limb (opposite limb of 4/5) including:
a second fixed end affixed to the stock between the rear end and the axis of rotation of the string let out assembly, and a second free end configured to couple to the second power cable and flex in a second substantially vertical plane (fixed lower ends connect the limbs to the stock between the axis and rear ends of the frame and have opposite free ends connect to cables 11/12, Fig. 2a/b, wherein each of the limbs flex in a vertical plane).
In Reference to Claim 16
The crossbow of claim 15, wherein the crossbow defines a projectile flight path, wherein the first fixed end and the second fixed end are affixed to the stock below the projectile flight path (limbs 4/5 have fixed ends secured to the frame below the arrow path on the top surface of the frame), and wherein the first free end and the second free end are positioned above the projectile flight path (limbs 4/5 have free ends extending above the arrow path on the top surface of the frame, Fig. 2b).
In Reference to Claim 17
The crossbow of claim 15, further comprising a trigger positioned between the axis of rotation of the string let out assembly and the rear end (unlabeled trigger and trigger housing near foregrip and handle are situated on the frame 1 along the flight path between the front end/string let out assembly 6/8 and the rear end of the frame, Fig. 2b).
In Reference to Claim 18
The crossbow of claim 15, wherein the first free end and the second free end are positioned between the axis of rotation of the string let out assembly and the rear end (Fig. 2b shows the free end of the limbs 4/5 being positioned between the string cam assembly and the rear of the frame).
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 14 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Popov as applied to claims 13 and 15 above.
In Reference to Claim 14
Popov teaches:
The crossbow of claim 13, wherein a width defined by the limb and the second limb is less than about 4.5 inches (the limbs have a width that only appear to be about an inch or so relative the other bow components in an overall compact type crossbow).
The limbs appear to have fairly thin widths commensurate or proximal in size and shape to the disclosed limbs, and therefore the limbs of the prior art appear to be less than about 4.5 inches as claimed, however Popov is silent to the exact dimensions of the limbs. However, it would have been obvious to one having ordinary skill in the art to have formed the limbs with a width of less than about 4.5 inches in order to optimize the limbs flexure and firing characteristics and as it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art (In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980)).
In Reference to Claim 19-20
Popov teaches:
The crossbow of claim 15, wherein the first limb and the second limb define a width less than about 8 inches or less than about 4.5 inches (the limbs have a width that only appear to be about an inch or so relative the other bow components in an overall compact type crossbow).
The limbs appear to have fairly thin widths commensurate or proximal in size and shape to the disclosed limbs, and therefore the limbs of the prior art appear to be less than about 4.5 inches as claimed, however Popov is silent to the exact dimensions of the limbs. However, it would have been obvious to one having ordinary skill in the art to have formed the limbs with a width of less than about 4.5 inches in order to optimize the limbs flexure and firing characteristics and as it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art (In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980)).
Claims 5 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Popov as applied to claim 2/8 above in view of Prior US Pat. No. 8,485,170.
In Reference to Claims 5 and 9
Popov teaches:
The crossbow of claim 2/8 as rejected above, wherein the string let out assembly defines an axis of rotation within or parallel to the substantially vertical plane (Fig. 1-5).
Popov fails to teach:
Wherein the string let out assembly defines an axis of rotation perpendicular to the substantially vertical plane.
Prior teaches:
A similar crossbow (10, Fig. 1-10) comprising: a stock (18), at least one limb (two limbs 82/86), wherein the string let out assembly defines an axis of rotation perpendicular to the substantially vertical plane (rotatable members 110 rotate about axes which are perpendicular to the vertical flexing plane of the limbs, Fig. 1-9).
Though Popov does not specifically teach the string let out assembly being perpendicular to the vertical limb plane, it would have been obvious to one having ordinary skill in the art to have modified the string let out assembly of Popov to have been oriented perpendicularly to the vertical plane in order to align the limb cable force with the string assembly let out grooves reducing force/torque on the parts of the bow during limb flexure and use as Popov teaches that the positioning of the limbs relative to the frame and rotatable string let out portion is an obvious modification (Col. 3 line 5 – Col. 4 line 8) and as Prior teaches that this type of arrangement is known and used in the art (Col. 8 lines 1-51, Fig. 1-9). Further, it has been held that rearranging parts of a device involves only routine skill in the art (In re Japikse, 86 USPQ 70).
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, Goff (8,622,050), Langley (10,962,323), Trpkovski (2022/0214131, 2022/0214132, 11,402,171, 11,408,703) teach similar crossbows with vertically movable limbs.
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.
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/ALEXANDER R NICONOVICH/Primary Examiner, Art Unit 3711
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