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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“locking member” in claims 5-8
“releasing member” in claim 8
“fastening part” in claim 10
“fastening member in claim 11
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-17 are 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.
Regarding claims 1, 13, and 15, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For purposes of examination, the examiner will not consider the language following the phrase “such as.” Thus, for claims 1 and 15, the examiner will not consider the language “such as a tree trunk or a wall of a building” as limiting the claim. Regarding claim 13, the examiner will not consider the language “such as a bipod” as limiting. Correction and/or clarification are required.
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.
Claims 1, 3-9, 11, and 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over Wynalda, JR. et al. (2023/0063925; “Wynalda”) in view of Lee et al. (2011/0101192; “Lee”).
In reference to claim 1, Wynalda discloses a shooting rest comprising:
a body defining a center line parallel to a first main direction of the body (figures 19 and 20, body 520 having a center line, i.e., a longitudinal axis),
wherein the body, in the lateral direction, defines a second main direction transverse to the first main direction (figures 19 and 20, the lateral direction is perpendicular to the first main direction, e.g., a transverse axis extending through the center of one of the circles depicted on element 520),
wherein the first main direction and the second main direction define a lateral plane (figures 19 and 20, the lateral plane is horizonal to the ground),
at least one supporting element which is fastened to the body movably at a fastening point, wherein said at least one supporting element comprises an arm and a pointed tip at an end of the arm at a distance from said fastening point (arms 542 having pointed tips 206; arms 545 have pointed tips 206; the arms 252 and 254 are movably fastened to the body via all of the intervening structures); and wherein
each of said at least one supporting element is arrangeable in at least a first position and a second position (figure 16 shows the first position; figure 15 shows the second position) so that:
in the first position, the pointed tip is, in the second main direction, spaced from the center line of the body by a distance of at least one half of the width of the body in a direction parallel to the second main direction (figures 19 and 21), and a projection of the pointed tip on said lateral plane forms a first angle to the second main direction, the first angle being greater than zero and opening in the direction of the center line of the body (figures 19 and 21; the first angle is 90 degrees);
the pointed tip of said at least one supporting element arranged in the first position is below said lateral plane (figures 19 and 21);
the pointed tip is adapted to stick to an external support body (e.g., a tree) by exerting a force on the shooting rest in a direction parallel to the first main direction when said at least one supporting element is arranged in the first position and in contact with the external support body (figures 19 and 21); and
each of said at least one supporting element is lockable in at least the first position (paragraph 56; element 472 locks the position of the arms 454; elements 208 lock the position of arms 452).
Thus, Wynalda discloses the claimed invention, except fails to explicitly disclose wherein the first main direction is adapted to be aligned with a direction of a barrel of a firearm when the shooting rest is fastened to a fore-end of the firearm. It is noted that Wynalda discloses a gun rest portion (shown in figures 12 and 21, element 524), but remains silent as to whether the gun rest portion can rotate to a position that would dispose the barrel of a firearm as parallel to the center line of the body 520. Wynalda remains silent as to whether the gun rest portion can be fastened to a fore-end of a firearm.
Lee teaches it is known to form a gun rest portion of a shooting rest such that the gun rest portion can rotate 360 degrees and be fastened to the fore-end of a firearm such that the barrel of the firearm is parallel to the longitudinal axis of the gun rest portion, in order to allow a user to rotate the firearm to a desired point of aim and to secure the firearm to the gun rest portion (figures 2 and 3, gun rest portion 12 with a longitudinal axis defined by element 75, which is shown parallel to the firearm barrel; paragraph 43; straps 92 fasten the firearm to the gun rest portion).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the shooting rest of Wynalda (figure 21) such that the gun rest portion can rotate 360 degrees and be fastened to the fore-end of a firearm such that the barrel of the firearm is parallel to the longitudinal axis of the gun rest portion, with a reasonable expectation of success, in order to allow a user to rotate the firearm to a desired point of aim and to secure the firearm to the gun rest portion. It should be appreciated that the proposed modification would allow the gun rest portion of Wynalda to be rotated to a position where the first main direction is aligned with a direction of a barrel of a firearm when the shooting rest is fastened to a fore-end of the firearm.
In reference to claim 3, Wynalda in view of Lee (the modified Wynalda) makes obvious the claimed invention (Wynalda, figures 18, 19, and 21).
In reference to claim 4, the modified Wynalda makes obvious the claimed invention (Wynalda: paragraph 56, spring member 476).
In reference to claim 5, the modified Wynalda makes obvious the claimed invention (Wynalda: locking member 472+476; or locking member 208).
In reference to claim 6, the modified Wynalda makes obvious the claimed invention (Wynalda: locking member 472+476 locks automatically; paragraph 56).
In reference to claim 7, the modified Wynalda makes obvious the claimed invention (Wynalda: locking member 472+476; or locking member 208; the claim only requires one supporting element and one locking member; supporting elements 452 each have locking members 208).
In reference to claim 8, the modified Wynalda makes obvious the claimed invention (Wynalda: releasing member 474).
In reference to claim 9, the modified Wynalda makes obvious the claimed invention (Wynalda: handling elements 402 and 404).
In reference to claim 11, the modified Wynalda makes obvious the claimed invention, as set forth above in the reference to claim 1 (Lee teaches fastening members, i.e., straps).
In reference to claim 13, the modified Wynalda makes obvious the claimed invention (Wynalda: figures 19 and 21, element 520 can be considered as comprising three rails, i.e., the rectangular prisms having circles depicted thereupon, wherein the rail shown depicted with two circles thereon can be considered the rail part as claimed).
In reference to claim 14, the modified Wynalda makes obvious the claimed invention, as set forth above in the reference to claim 1 (also see Wynalda, figures 16, 19, and 20).
In reference to claim 15, the modified Wynalda makes obvious the claimed invention (Wynalda, figures 16, 19, and 21 show that the points 206 are sharp-edged and can bite into a supporting surface, e.g., a tree; also see paragraph 52).
In reference to claim 16, the modified Wynalda makes obvious the claimed invention (Wynalda, figures 16, 19, and 21 show that the arms 252/254 taper to points 206; also see paragraph 52).
In reference to claim 17, the modified Wynalda makes obvious the claimed invention, as set forth above in the reference to claim 1.
Claims 1 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Wynalda in view of Azhocar (11391534).
In reference to claim 1, Wynalda discloses a shooting rest comprising:
a body defining a center line parallel to a first main direction of the body (figures 19 and 20, body 520 having a center line, i.e., a longitudinal axis),
wherein the body, in the lateral direction, defines a second main direction transverse to the first main direction (figures 19 and 20, the lateral direction is perpendicular to the first main direction, e.g., a transverse axis extending through the center of one of the circles depicted on element 520),
wherein the first main direction and the second main direction define a lateral plane (figures 19 and 20, the lateral plane is horizonal to the ground),
at least one supporting element which is fastened to the body movably at a fastening point, wherein said at least one supporting element comprises an arm and a pointed tip at an end of the arm at a distance from said fastening point (arms 542 having pointed tips 206; arms 545 have pointed tips 206; the arms 252 and 254 are movably fastened to the body via all of the intervening structures); and wherein
each of said at least one supporting element is arrangeable in at least a first position and a second position (figure 16 shows the first position; figure 15 shows the second position) so that:
in the first position, the pointed tip is, in the second main direction, spaced from the center line of the body by a distance of at least one half of the width of the body in a direction parallel to the second main direction (figures 19 and 21), and a projection of the pointed tip on said lateral plane forms a first angle to the second main direction, the first angle being greater than zero and opening in the direction of the center line of the body (figures 19 and 21; the first angle is 90 degrees);
the pointed tip of said at least one supporting element arranged in the first position is below said lateral plane (figures 19 and 21);
the pointed tip is adapted to stick to an external support body (e.g., a tree) by exerting a force on the shooting rest in a direction parallel to the first main direction when said at least one supporting element is arranged in the first position and in contact with the external support body (figures 19 and 21); and
each of said at least one supporting element is lockable in at least the first position (paragraph 56; element 472 locks the position of the arms 454; elements 208 lock the position of arms 452).
Thus, Wynalda discloses the claimed invention, except fails to explicitly disclose wherein the first main direction is adapted to be aligned with a direction of a barrel of a firearm when the shooting rest is fastened to a fore-end of the firearm. It is noted that Wynalda discloses a gun rest portion (shown in figures 12 and 21, element 524), but remains silent as to whether the gun rest portion can rotate to a position that would dispose the barrel of a firearm as parallel to the center line of the body 520. Wynalda remains silent as to whether the gun rest portion can be fastened to a fore-end of a firearm.
Azhocar teaches it is known to form a gun rest portion that positively clamps to the rail mounting system of a fore-end of a firearm, in order to firmly secure the firearm to the gun rest portion (figure 1, rail clamp 100+110; gun rest portion 200+300+400, which connects to a support 600 to provide a stable shooting rest). Further, Azhocar teaches that the gun rest portion can rotate 360 degrees, in order to allow a user to rotate the firearm to a desired point of aim (element 400 allow for such rotation). Further, it is noted that the support 600 is analogous to the body 520 of Wynalda, since both provide support to a gun rest portion.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wynalda to have a gun rest portion like that of Azhocar, in lieu of the gun rest portion shown in figure 12 and 21 (element 524), with a reasonable expectation of success, in order to provide a gun rest portion that positively clamps to the rail mounting system of a fore-end of a firearm, in order to firmly secure the firearm to the gun rest portion, while also allowing for 360 degrees of rotation. It should be appreciated that the proposed modification would allow the gun rest portion to be rotated to a position where the first main direction is aligned with a direction of a barrel of a firearm when the shooting rest is fastened to a fore-end of the firearm.
Allowable Subject Matter
Claims 2 and 10 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: see attached Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GABRIEL J KLEIN whose telephone number is (571)272-8229. The examiner can normally be reached 11:30am-8pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Troy Chambers can be reached at 571-272-6874. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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GABRIEL J. KLEIN
Examiner
Art Unit 3641
/Gabriel J. Klein/Primary Examiner, Art Unit 3641
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