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 2/17/2025, are pending and are currently being examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/17/2025 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.
Specification
The abstract of the disclosure is objected to because it does not discuss or mention a main claimed feature of the slider having magnetic interaction with the shaft (claims 1-15). This may change over the course of prosecution of the application, however if the magnetic feature remains a key claimed feature, it should be presented in the abstract. Correction is required. See MPEP § 608.01(b).
Drawings
The drawings are objected to because some of 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 1-13 of U.S. Patent No. 11,606,942 and claims 1-4 of U.S. Pat. No. 12,225,891. Although the claims at issue are not identical, they are not patentably distinct from each other because the presented claims are anticipated by or are obvious variants of the issued claims.
Presented Claim 1
An arrow comprising:
a shaft;
a magnetically attractive material attached to the shaft; and
a slider engaged with the shaft and moveable along a length of the shaft, the slider comprising a magnet.
Presented Claim 2
The arrow of claim 1, comprising a line attached to the slider.
Claim 1 of 11,606,942
A bowfishing arrow comprising:
a shaft comprising a non-magnetic material, an end of the shaft comprising a notch arranged to receive a bowstring;
a magnetically attractive material attached to the shaft; and
a slider engaged with the shaft and moveable along a length of the shaft between a first position and a second position, the slider surrounding the shaft, the slider comprising a magnet, a magnetic force between the magnet and the magnetically attractive material biasing the slider to the first position, a line attached to the slider.
Presented Claim 3
The arrow of claim 2, the slider comprising a first aperture, a second aperture and a third aperture, the line extending through the first aperture, the second aperture and the third aperture.
Claim 2 of 11,606,942
The bowfishing arrow of claim 1, the slider comprising a first aperture, a second aperture and a third aperture, the line extending through the first aperture, the second aperture and the third aperture.
Presented Claim 4
The arrow of claim 1, the slider comprising a body portion and a plurality of raised flanges, each raised flange extending radially outward from the body portion.
Claim 3 of 11,606,942
The bowfishing arrow of claim 1, the slider comprising a body portion and a plurality of raised flanges, each raised flange extending radially outward from the body portion.
Presented Claim 5
The arrow of claim 4, the plurality of raised flanges comprising a first flange and a second flange, the first flange comprising a tip and a declining surface oriented at an angle to the shaft.
Claim 4 of 11,606,942
The bowfishing arrow of claim 3, the plurality of raised flanges comprising a first flange and a second flange, the first flange comprising a tip and a declining surface oriented at an angle to the shaft.
Presented Claim 6
The arrow of claim 5, the second flange comprising a tip and a declining surface oriented at an angle to the shaft, the first flange and second flange defining a cavity adjacent to the slider body portion.
Claim 5 of 11,606,942
The bowfishing arrow of claim 4, the second flange comprising a tip and a declining surface oriented at an angle to the shaft, the first flange and second flange defining a cavity adjacent to the slider body portion.
Presented Claim 7
The arrow of claim 1, comprising an arrowhead attached to the shaft, the arrowhead comprising the magnetically attractive material.
Claim 6 of 11,606,942
The bowfishing arrow of claim 1, comprising an arrowhead attached to the shaft, the arrowhead comprising the magnetically attractive material.
Presented Claim 8
The arrow of claim 1, the magnet comprising a ring.
Claim 7 of 11,606,942
The bowfishing arrow of claim 1, the magnet comprising a ring.
Presented Claim 9
The arrow of claim 8, the ring surrounding the shaft.
Claim 8 of 11,606,942
The bowfishing arrow of claim 7, the ring surrounding the shaft.
Presented Claim 10
The arrow of claim 1, comprising a nock attached to the shaft, the nock comprising a stop arranged to contact the slider.
Claim 9 of 11,606,942
The bowfishing arrow of claim 1, comprising a nock attached to the shaft, the nock comprising a stop arranged to contact the slider.
Presented Claim 11
The arrow of claim 1, comprising a nock attached to the shaft, the nock comprising a notch, a first finger recess and a second finger recess located in proximity to the notch, the first finger recess and the second finger recess comprising opposed diverging surfaces.
Claim 10 of 11,606,942
The bowfishing arrow of claim 1, comprising a nock attached to the shaft, the nock comprising the notch, a first finger recess and a second finger recess located in proximity to the notch, the first finger recess and the second finger recess comprising opposed diverging surfaces.
Presented Claim 12
An arrow comprising:
a shaft comprising a magnetically attractive material; and
a slider engaged with the shaft and moveable along a length of the shaft, the slider comprising a magnet.
Presented Claim 13
The arrow of claim 12, comprising a line attached to the slider.
Claim 11 of 11,606,942
A bowfishing arrow comprising:
a shaft comprising a non-magnetic material, a first end and a second end, the first end comprising a tip comprising a magnetically attractive material, the second end comprising a notch arranged to receive a bowstring; and
a slider engaged with the shaft and moveable along a length of the shaft between a first position and a second position, the slider surrounding the shaft, the slider comprising a magnet, a magnetic force between the magnet and the magnetically attractive material biasing the slider to the first position, a line attached to the slider.
Presented Claim 14
The arrow of claim 12, the shaft comprising an arrowhead, the arrowhead comprising the magnetically attractive material.
Claim 12 of 11,606,942
The bowfishing arrow of claim 11, the shaft comprising an arrowhead, the arrowhead comprising the magnetically attractive material.
Presented Claim 15
The arrow of claim 12, comprising a nock attached to the shaft, the nock comprising a notch, a first finger recess and a second finger recess located in proximity to the notch, the first finger recess and the second finger recess comprising opposed diverging surfaces.
Claim 13 of 11,606,942
The bowfishing arrow of claim 11, comprising a nock attached to the shaft, the nock comprising the notch, a first finger recess and a second finger recess located in proximity to the notch, the first finger recess and the second finger recess comprising opposed diverging surfaces.
Presented Claim 16
An arrow comprising:
a shaft;
a notch in an end of the arrow, the notch arranged to receive a bowstring; and
a first finger recess and a second finger recess located in proximity to the notch, the first finger recess and the second finger recess comprising opposed diverging surfaces.
Presented Claim 17
The arrow of claim 16, wherein the first finger recess and the second finger recess are formed in the arrow shaft.
Claim 1 of 12,225,891
An arrow comprising:
a shaft comprising a protrusion;
a nock comprising a cavity and an aperture, the protrusion oriented in the cavity, a fastener extending through the aperture and attaching the nock to the protrusion, the nock comprising a notch arranged to receive a bowstring; and
a first finger recess and a second finger recess located in proximity to the notch (proximity to the notch implies it is likely on the shaft at a rear end), the first finger recess and the second finger recess comprising opposed diverging surfaces;
the arrow comprising a first length portion and a second length portion, the first length portion comprising the first finger recess and the second finger recess, the second length portion comprising the notch.
Presented Claim 18
The arrow of claim 16, comprising a nock attached to the shaft, the nock comprising the first finger recess and the second finger recess.
Claim 2 of 12,225,891
The arrow of claim 1, the nock comprising the first finger recess and the second finger recess.
Presented Claim 19
The arrow of claim 18, the nock comprising a stop.
Claim 3 of 12,225,891
The arrow of claim 2, the nock comprising a stop, the stop extending radially outward beyond the shaft.
Presented Claim 20
The arrow of claim 16, comprising a slider engaged with the shaft and moveable along a length of the shaft, the slider comprising a magnet.
Claim 4 of 12,225,891
The arrow of claim 1, comprising a slider engaged with the shaft and moveable along a length of the shaft, the slider comprising a magnet.
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 16 and 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Richards US Pat. No. 2,484,589.
Richards teaches:
In Reference to Claim 16
An arrow (Fig. 1-6) comprising:
a shaft (14);
a notch in an end of the arrow, the notch arranged to receive a bowstring (rear notch in 30 is formed to receive a bowstring, Fig. 3-4); and
a first finger recess and a second finger recess located in proximity to the notch (finger recesses 16/18 proximate notch in 30), the first finger recess and the second finger recess comprising opposed diverging surfaces (Fig. 1-2).
In Reference to Claim 18
The arrow of claim 16, comprising a nock attached to the shaft, the nock comprising the first finger recess and the second finger recess (recesses 16/18 on nock 10 attached to a rear end of shaft 14, Fig. 1-4).
In Reference to Claim 19
The arrow of claim 18, the nock comprising a stop (nock 10 has an internal cavity stop for receiving the arrow shaft rear end).
Claims 1 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kuhn US Pat. No. 6,558,280.
Kuhn teaches:
In Reference to Claim 1
An arrow (arrow 1, Fig. 1-5) comprising:
a shaft (9);
a magnetically attractive material attached to the shaft (billet 5 is inserted into the shaft and is formed of a magnetically attractive material, Fig. 1a-b, 5a-c, Col. 2 lines 58-62); and
a slider engaged with the shaft and moveable along a length of the shaft, the slider comprising a magnet (sliding member 4 is freely slidable within chamber 3 along a portion of the shaft and is formed of a material exhibiting permanent magnetism, Col. 2 line 63 – Col. 3 line 3).
In Reference to Claim 12
An arrow (arrow 1, Fig. 1-5) comprising:
a shaft (9) comprising a magnetically attractive material (billet 5 is inserted into the shaft and is formed of a magnetically attractive material, Fig. 1a-b, 5a-c, Col. 2 lines 58-62); and
a slider engaged with the shaft and moveable along a length of the shaft, the slider comprising a magnet (sliding member 4 is freely slidable within chamber 3 along a portion of the shaft and is formed of a material exhibiting permanent magnetism, Col. 2 line 63 – Col. 3 line 3).
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 1, 4, 7, 10, 12, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Morris et al. US Pub. No. 2003/0045381 in view of Kuhn US Pat. No. 6,558,280.
In Reference to Claim 1
Morris teaches:
An arrow (arrow 400, Fig. 2-6) comprising:
a shaft (402); and
a slider engaged with the shaft and moveable along a length of the shaft, the slider comprising a magnet (sliding member 200 has inner frictional holding means 205 to hold the slider near the arrowhead 401 prior to firing the arrow and allow the slider to move rearward toward a nock locking means 300 when fired, Fig. 2-6).
Morris fails to teach:
The shaft including a specific magnetically attractive material and the slider comprising a magnet.
Further, Kuhn teaches:
An arrow (arrow 1, Fig. 1-5) comprising:
a shaft (9);
a magnetically attractive material attached to the shaft (billet 5 is inserted into the shaft and is formed of a magnetically attractive material, Fig. 1a-b, 5a-c, Col. 2 lines 58-62); and
a slider engaged with the shaft and moveable along a length of the shaft, the slider comprising a magnet (sliding member 4 is freely slidable within chamber 3 along a portion of the shaft and is formed of a material exhibiting permanent magnetism, Col. 2 line 63 – Col. 3 line 3), wherein the slider is magnetically held in place by the shaft in preparation for firing (slider 4 is held at one end by magnetic material 5 and oppositely forwardly by magnetic insert 10, Fig. 1-5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Morris to have included a magnet and magnetic material in the slider in order to releasably hold the slider in place at the front of the arrow prior to use as Morris teaches different means being used for a slider to be held at the forward end of an arrow when being firing ([0043]) and as a magnet and magnetic reactive material are well-known and commonly used sliding holding means in the art as taught by Kuhn (Col. 2 line 58 – Col. 3 line 3, Col. 4 lines 1-25).
In Reference to Claim 4
Morris as modified by Kuhn teaches:
The arrow of claim 1, the slider comprising a body portion and a plurality of raised flanges, each raised flange extending radially outward from the body portion (Morris: raised flanges 202 extending radially outward from central body portion 203).
In Reference to Claim 7
Morris as modified by Kuhn teaches:
The arrow of claim 1, comprising an arrowhead attached to the shaft, the arrowhead comprising the magnetically attractive material (Kuhn: the forward magnet 10 is located at the inserted arrowhead 12).
In Reference to Claim 10
Morris as modified by Kuhn teaches:
The arrow of claim 1, comprising a nock attached to the shaft, the nock comprising a stop arranged to contact the slider (Morris: stop 300 attached to the rear end of the shaft with nock 404 acts as a rear stop for the slider, Fig. 3-6).
In Reference to Claim 12
Morris teaches:
An arrow (arrow 400, Fig. 2-6) comprising:
a shaft (402); and
a slider engaged with the shaft and moveable along a length of the shaft, the slider comprising a magnet (sliding member 200 has inner frictional holding means 205 to hold the slider near the arrowhead 401 prior to firing the arrow and allow the slider to move rearward toward a nock locking means 300 when fired, Fig. 2-6).
Morris fails to teach:
The shaft including a specific magnetically attractive material and the slider comprising a magnet.
Further, Kuhn teaches:
An arrow (arrow 1, Fig. 1-5) comprising:
a shaft (9);
a magnetically attractive material attached to the shaft (billet 5 is inserted into the shaft and is formed of a magnetically attractive material, Fig. 1a-b, 5a-c, Col. 2 lines 58-62); and
a slider engaged with the shaft and moveable along a length of the shaft, the slider comprising a magnet (sliding member 4 is freely slidable within chamber 3 along a portion of the shaft and is formed of a material exhibiting permanent magnetism, Col. 2 line 63 – Col. 3 line 3), wherein the slider is magnetically held in place by the shaft in preparation for firing (slider 4 is held at one end by magnetic material 5 and oppositely forwardly by magnetic insert 10, Fig. 1-5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Morris to have included a magnet and magnetic material in the slider in order to releasably hold the slider in place at the front of the arrow prior to use as Morris teaches different means being used for a slider to be held at the forward end of an arrow when being firing ([0043]) and as a magnet and magnetic reactive material are well-known and commonly used sliding holding means in the art as taught by Kuhn (Col. 2 line 58 – Col. 3 line 3, Col. 4 lines 1-25).
In Reference to Claim 14
Morris as modified by Kuhn teaches:
The arrow of claim 12, the shaft comprising an arrowhead, the arrowhead comprising the magnetically attractive material (Kuhn: the forward magnet 10 is located at the inserted arrowhead 12).
Claims 2-3, 5-6, 8-9, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Morris/Kuhn as applied to claim 1/12 above and further in view of Coalson et al. US Pat. No. 9,970,729.
In Reference to Claim 2/13
Morris as modified by Kuhn teaches:
The arrow of claim 1/12 as rejected above.
Morris fails to teach:
The slider having a line attached.
Further, Coalson teaches:
An arrow having a slider on a shaft, the slider including a line attached through multiple apertures in the slider (slider 34 attached to line 16 through apertures 90 in the slider).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Morris to have included an attachable line in apertures in the slider order to allow the arrow to be used and easily retrieved and used during bowfishing as taught by Coalson (Col. 2 lines 40-50).
In Reference to Claim 3
Morris as modified by Kuhn and Coalson teaches:
The arrow of claim 2, the slider comprising a first aperture, a second aperture and a third aperture, the line extending through the first aperture, the second aperture and the third aperture (Coalson: slider 34 with at least three apertures 90 for receiving end 92 of line 16, Fig. 4-8).
In Reference to Claim 5-6
Morris as modified by Kuhn teaches:
The arrow of claim 4, the plurality of raised flanges comprising a first flange and a second flange (Morris: raised flanges 202 extending radially outward from central body portion 203).
Morris fails to teach:
The flange comprising a tip and a declining surface oriented at an angle to the shaft and the second flange comprising a tip and a declining surface oriented at an angle to the shaft, the first flange and second flange defining a cavity adjacent to the slider body portion.
Further, Coalson teaches:
An arrow having a slider on a shaft, the slider including a line attached through multiple apertures in the slider, the slider further including numerous raised flanges, each flange a tip and a declining surface oriented at an angle to the shaft defining a cavity adjacent the slider body (slider 34 with angled declining flanges 84 extending radially about the body with a cavity, Fig. 4-10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Morris to have included a shaped flanges in the slider around the shaft as Coalson teaches this type of arrangement/design is known in the art and to allow the slider to interact with a cooperating stop or rest portion (Col. 5 lines 28-57).
In Reference to Claim 8-9
Morris as modified by Kuhn teaches:
The arrow of claim 1, the magnet comprising a ring surrounding the shaft (slider 200 of Morris as modified with magnetic interactions of Kuhn).
Further, Coalson teaches:
An arrow having a slider on a shaft, the slider including a line attached through multiple apertures in the slider, the slider including a metal magnet interacting means formed as a ring around the shaft (slider 34 attached to line 16 through apertures 90 in the slider with magnet reactive ring 88 surrounding shaft 21, Fig. 4-10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Morris to have included a magnetic ring in the slider around the shaft as Coalson teaches this type of arrangement is known in the art to allow the slider to interact with a magnet (Col. 5 lines 28-57).
Claims 11 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Morris and Kuhn as applied to claim 1/12 above and further in view of Richards US Pat. No. 2,484,589.
In Reference to Claims 11 and 15
Morris as modified by Kuhn teaches:
The arrow of claim 1/12, comprising a nock attached to the shaft, the nock comprising a notch
Morris fails to teach:
The nock comprising a notch, a first finger recess and a second finger recess located in proximity to the notch, the first finger recess and the second finger recess comprising opposed diverging surfaces.
Further, Richards teaches:
An arrow (Fig. 1-6) comprising:
a shaft (14);
a notch in an end of the arrow, the notch arranged to receive a bowstring (rear notch in 30 is formed to receive a bowstring, Fig. 3-4); and
a first finger recess and a second finger recess located in proximity to the notch (finger recesses 16/18 proximate notch in 30), the first finger recess and the second finger recess comprising opposed diverging surfaces (Fig. 1-2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Morris to have included a pair of finger recesses on the nock in order to allow the nock to be more easily grasped by the user during draw as taught by Richards (Col. 2 lines 1-14).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Richards as applied to claim 16 above and further in view of Ellenburg US Pat. No. 3,227,454.
In Reference to Claim 17
Richards teaches:
The arrow of claim 16 as rejected above.
Richards fails to teach:
Wherein the first finger recess and the second finger recess are formed in the arrow shaft.
Further, Ellenburg teaches:
An arrow (Fig. 7-8) comprising:
a shaft (104/106);
a notch in an end of the arrow, the notch arranged to receive a bowstring (rear notch 134 is formed to receive a bowstring 60); and
a first finger recess and a second finger recess formed in the arrow shaft located in proximity to the notch (finger recesses 160/162, Fig. 7-8, integrally formed in the shaft), the first finger recess and the second finger recess comprising opposed diverging surfaces (Fig. 7-8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Richards to have included the finger recesses integrally with the shaft as this is a commonly known arrangement as taught by Ellenburg and in order to avoid the nock from accidently being removed during use and further as it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art (Howard v. Detroit Stove Works, 150 U.S. 164 (1893)).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Richards as applied to claim 16 above and further in view of Coalson et al. US Pat. No. 9,970,729.
In Reference to Claim 20
Richards teaches:
The arrow of claim 16 as rejected above.
Richards fails to teach:
A slider engaged with the shaft and moveable along a length of the shaft, the slider comprising a magnet.
Further, Coalson teaches:
An arrow having a slider on a shaft, the slider including a magnet or magnetically reactive material (slider 34 with magnetic/magnet reactive portion 88 which interacts with other magnetic portions 76/130).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Richards to have included a magnetic slider member in order to allow the arrow to be used and easily retrieved and used during bowfishing as taught by Coalson (Col. 2 lines 40-50).
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, Lekavich (5,273,293), Scanlon (4,544,163), Saunders (3,214,174), and Richardson (2,484,589) teach similar arrows with recesses near the nock, and LaSee (6,517,453) teaches a similar slider member.
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.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas Weiss can be reached at (571) 270-1775. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDER R NICONOVICH/Primary Examiner, Art Unit 3711
