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 .
Notice to Applicant
Claims 1-20 have been examined in this application. This communication is the first action on the merits of these claims.
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)(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, 9, 12-17, 19-20 are rejected under 35 USC 102(a)(1) and 102(a)(2) as being anticipated by US Patent Application Number 2017/0122712 by Hahn.
Regarding claim 1, Hahn discloses an arrowhead blade retention device, comprising:
a body (retaining clip 80), the body comprising a central body (base portion 82) and a plurality of ears that extend outward from the central body (lateral arms 86);
a plurality of blade retainers defined at least partially within the plurality of ears (notches 89), wherein the plurality of blade retainers comprise retainer outer walls (outer end of 88) and wherein the plurality of blade retainers are sized to receive arrowhead blades (paragraph 46 discloses “end portion 88 may define a notch 89 to engage the cutting edge, to assist in holding the cutting edge in the desired position”); and
a plurality of lateral walls defined between the retainer outer walls and an outer wall of the body (lateral walls of end portion 88).
Regarding claim 2 (dependent on claim 1), Hahn discloses the plurality of lateral walls have a thickness that enables the plurality of lateral walls to break when a cutting force is applied to the retainer outer walls. Paragraph 47 discloses “lateral arms 86 and/or end portions 88 may be designed to break away upon impact, to allow blades 60 to deploy to an open position”.
Regarding claim 3 (dependent on claim 1), Hahn discloses the plurality of blade retainers are recesses defined within a top wall of the body (see Figure 5).
Regarding claim 4 (dependent on claim 1), Hahn discloses the central body defines a central aperture (interior passage 83) sized to receive an arrowhead shaft (paragraph 44 discloses “Interior passage 83 may have a cross-section sized and shaped to surround a corresponding portion of arrow shaft 8 or alternately a portion of the broadhead body”) and wherein the plurality of ears comprise two ears on opposing sides of the central aperture, and wherein the plurality of blade retainers comprise two blade retainers defined at least partially within the two ears (see left and right arms 86 in Figure 5).
Regarding claim 9 (dependent on claim 1), Hahn discloses the body comprises aluminum and the plurality of lateral walls retain their structure when a cutting force is applied to the retainer outer walls. Paragraph 106 discloses aluminum is one of the materials for the bodies, and aluminum inherently retains its structure against some amount of cutting force.
Regarding claim 12, Hahn discloses an arrowhead (10) with deployable blades (blades 60), comprising:
a point (24);
an arrowhead shaft having a first shaft end and a second shaft end (shaft 22), the point coupled to the first shaft end (see Figure 4);
a base coupled to the second shaft end, wherein the base comprises a base head (shelf 28) and a base shaft (see threaded base in Figure 4);
a blade carrier slidably coupled to the arrowhead shaft (hub 40, paragraph 37 discloses “hub 40 is slidably mounted on shaft 22 along an axis A));
a plurality of cutting blades (blades 60) pivotally coupled to the blade carrier (paragraph 39 discloses “One or more cutting blades 60 are pivotally attached to the exterior of hub 40”), the cutting blades comprise blade tips (narrowing portion of blades 60) and blade cutting edges (cutting edge 64); and
a blade retention device, wherein:
the blade retention device comprises a flexible body (retaining clip 80, paragraph 107 discloses “the retaining clip materials are…with properties which are sufficiently brittle, frangible or flexible upon impact to facilitate blade disengagement and the break-away action of the arms or end portions when desired”) comprising a top wall defining a central aperture (interior passage 83) and at least two blade retainers on opposing sides of the central aperture (notches 89, see Figure 5),
the base shaft extends through the central aperture (paragraph 44 discloses “Interior passage 83 may have a cross-section sized and shaped to surround a corresponding portion of arrow shaft 8 or alternately a portion of the broadhead body”),
the top wall is positioned below the base head (Figure 1 shows retaining clip 80 positioned below shelf 28), and
the blade tips align with the at least two blade retainers (see Figure 2).
Regarding claim 13 (dependent on claim 12), Hahn discloses
the base head comprises at least two blade retention apertures (between end portion 88 and spring portion 84),
the blade tips extend through the at least two blade retention apertures (see Figure 2), and
the at least two blade retainers align with the at least two blade retention apertures (see Figure 5).
Regarding claim 14 (dependent on claim 12), Hahn discloses the at least two blade retainers are recesses defined in the top wall, the recesses comprising recessed surfaces and retainer outer walls (see Figure 5), and wherein the blade tips are biased against the recessed surfaces and the blade cutting edges are biased against the retainer outer walls (see Figure 2)
Regarding claim 15 (dependent on claim 12)¸ Hahn discloses movement of the blade carrier towards the base pushes the cutting blades in an outward direction away from the arrowhead shaft (paragraph 31 discloses “Upon target impact, the blades expand from the closed position to an open position”), breaking the retainer outer walls and releasing the cutting blades from the at least two blade retainers (paragraph 47 discloses “lateral arms 86 and/or end portions 88 may be designed to break away upon impact, to allow blades 60 to deploy to an open position”).
Regarding claim 16 (dependent on claim 12), Hahn discloses the flexible body comprises a central body (base portion 82) and a plurality of ears that extend upward from the central body (lateral arms 86); and wherein the at least two blade retainers are defined at least partially within the plurality of ears (see Figure 5).
Regarding claim 17, Hahn discloses an arrowhead blade retention device, comprising:
a flexible body (retaining clip 80, paragraph 107 discloses “the retaining clip materials are…with properties which are sufficiently brittle, frangible or flexible upon impact to facilitate blade disengagement and the break-away action of the arms or end portions when desired”), wherein the flexible body comprises a top wall and a sidewall (see Figure 5), and wherein the top wall defines a central aperture (interior passage 83);
at least one recess defined in the top wall (between end portion 88 and spring portion 84), wherein the at least one recess comprises a recessed surface (toward spring portion 84 or lateral arms 86) and a recess outer wall (towards end portion 88); and
at least one lateral wall define between the recess outer wall and the sidewall (lateral wall of end portion 88), wherein a thickness of the at leas tone lateral wall is sized such that the at least one lateral wall breaks when an arrowhead blade applies fore to the recess outer wall (paragraph 47 discloses “lateral arms 86 and/or end portions 88 may be designed to break away upon impact, to allow blades 60 to deploy to an open position”).
Regarding claim 19 (dependent on claim 17), Hahn discloses the at least one recess comprises a first recess and a second recess on opposing sides of the central aperture (within left and right lateral arms 86), the first recess comprising a first recess outer wall and the second recess comprising a second recess outer wall, and wherein the at least one lateral wall comprises a first lateral wall defined between the first recess outer wall and the sidewall and a second lateral wall defined between the second recess outer wall and the sidewall (see Figure 5).
Regarding claim 20 (dependent on claim 17), Hahn discloses the flexible body further comprises a central body (base portion 82) and at least one ear that extends outward from the central body (lateral arms 86), wherein the at least one recess is defined at least partially within the at least one ear (see Figure 5).
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.
Claims 5-8, 10-11, 18 are rejected under 35 USC 103 as being obvious over US Patent Application Number 2017/0122712 by Hahn.
Regarding claim 5 (dependent on claim 1), Hahn does not disclose discloses the plurality of ears comprise curved surfaces that curve upward from the central body, and wherein the plurality of blade retainers are defined at least partially within the curved surfaces. However, Figure 5 shows that end portions 88 angles outwardly from the rest of the clip, and that notch 89 is in this outwardly angled portion. It would have been an obvious matter of design choice to make the different portions of the end portion curved to provide a smoother transition in the angled portion. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Regarding claim 6 (dependent on claim 1), Hahn discloses the plurality of ears extend upward from the central body at an angle. Figure 5 shows end portion 88 extending upward from the central body at an angle.
Hahn does not disclose discloses angle being 45 degrees. However, it would have been an obvious matter of design choice to make the different portions of the end portion of whatever shape or angle is desired. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Regarding claims 7 (dependent on claim 1), 10 (dependent on claim 1), 11 (dependent on claim 1), Hahn does not disclose the lateral walls have a thickness between 0.010 inches and 0.90 inches, the central body has a thickness between 0.010 inches and 0.150 inches, or at least one of the plurality of blade retainers has a diameter between 0.050 inches to 0.1 inches. However, it would have been an obvious matter of design choice to make the different portions of retaining clip of whatever size is necessary to retain different sizes of arrowhead sand cutting blades, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding claim 8 (dependent on claim 1), Hahn does not disclose the body comprises a plastic composition comprising nylon. However, paragraph 107 discloses a variety of materials that can be used for the retaining clips, including plastic and nylon material. It would be obvious to a person having ordinary skill in the art to modify Hahn to use combinations of materials as needed to provide the desired material qualities for the body.
Regarding claim 18 (dependent on claim 17), Hahn does not disclose the at least one recess comprises a circumferential recess that surrounds the central aperture, defining a central body between the circumferential recess and the central aperture. However, it would have been an obvious matter of design choice to make the different portions of the retaining clip of whatever shape is desired. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL H WANG whose telephone number is (571)272-6554. The examiner can normally be reached 10-6:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Josh Michener can be reached at 571-272-1467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MICHAEL H. WANG
Primary Examiner
Art Unit 3642
/MICHAEL H WANG/Primary Examiner, Art Unit 3642
