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 .
Claim Rejections - 35 USC § 102
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)(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.
Claim(s) 1-6 and 12-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Pub. 5,503,356 by Shelby.
Regarding claim 1, Shelby discloses a target stand (abstract; fig. 1), comprising: a base (fig. 1 – see supporting base for central tube 12); a tube slot selectively coupled to the base (fig. 1 – see top of tube 12 that receives 66); and a plurality of stabilization legs coupled to the base, wherein each stabilization leg is independently adjustable in height and angle with respect to an adjacent stabilization leg (fig. 1-4 – see the independent articulation of the legs, the claims do not require that the adjustment is made to the final position of the legs and the folding legs as disclosed meet this limitation.).
Regarding claim 2, Shelby discloses the target stand of claim 1, further comprising a target insert comprising: a tube configured to be received by the tube slot (fig. 1; col. 3, ln. 60-col. 4, ln. 37 – see the tube 66 in tube slot); a plate for supporting a target relative to the target insert (see plate 78); and a key comprising a bore wherein the key is selectively secured to the tube with a top plate (see the location of the plate and the attachment arrangement).
Regarding claim 3, Shelby discloses the target stand of claim 2, further comprising a target wherein the target comprises a keyhole configured to reciprocally recess with the key (fig. 1 – see pin 82 and associated hole).
Regarding claim 4, Shelby discloses the target stand of claim 1, wherein the tube slot further comprises a key selectively secured to the tube slot with a top plate (fig. 1 – see the pin 82).
Regarding claim 5, Shelby discloses the target stand of claim 4, wherein the tube slot further comprises a plate for supporting a target (fig. 1- see target support at 72, 74 and 70).
Regarding claim 6, Shelby discloses the target stand of claim 1, wherein the tube slot is configured to extend through and secure within an aperture in the base (fig. 1 – see the tube secured within the base).
Regarding claim 12, Shelby discloses the target insert of claim 2, wherein the tube slot includes a side hole for securing the target insert (fig. 1 – see pin 82 and associated hole).
Regarding claim 13, Shelby discloses a target mount for use with the target stand of claim 1, comprising: a mounting plate comprising a plurality of securing holes for securing a target to the mounting plate (see plate 78); and a mount connector comprising a side hole for securing the target mount to the tube slot (fig. 1 – see pin 82 and associated hole).
Regarding claims 14-20, Shelby discloses these claims as noted above regarding claims 1-6 and 12-13.
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.
Claim(s) 7-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shelby.
Regarding claims 7-11, Shelby does not explicitly disclose a target height of 8 inches, 60 inch long legs, a two pound weight for the stand, a twenty pound weight for the combined stand and target and foam/elastomeric material construction. However, these variables and materials are all within the routine optimization of one having ordinary skill in the art in view of the scale, size, scope, portability and durability of target stands and their proportions with respect to norma human scales. One having ordinary skill in the art would have arrived at these claimed values because these dimensions, weights and constructions are obvious for one having ordinary skill in the art to try given the scale and purpose of target stands such as the one disclosed by Shelby.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
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/PETER J IANNUZZI/ Primary Examiner, Art Unit 3711
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