`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`wwwnsptogov
`
`APPLICATION NO.
`
`
`
`
`
` F ING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`
`
`
`
`CONF {MATION NO.
`
`12/350,123
`
`01/07/2009
`
`David H. Kronengold
`
`3300—A—96
`
`6303
`
`03/12/2012
`
`7590
`77553
`MARVIN AGLAZER
`2141 E. HIGHLAND AVE
`SUITE 155
`PHOENIX. AZ 85016
`
`NICONOVICH, ALEXANDERR
`
`3711
`
`MAIL DATE
`
`03/12/2012
`
`PAPER NUMBER
`
`DELIVERY MODE
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL—90A (Rev. 04/07)
`
`
`
`
`
`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`
` 12/350,123 KRONENGOLD ET AL.
`Examiner
`Art Unit
`ALEXANDER NICONOVICH
`3711
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136(a).
`In no event however may a reply be timely filed
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1)|Zl Responsive to communication(s) filed on 22 February 2012.
`
`2a)|:l This action is FINAL.
`
`2b)IXI This action is non-final.
`
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)|:l Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`
`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`5)IZ Claim(s) 1-28is/are pending in the application.
`
`5a) Of the above claim(s) 1-20 is/are withdrawn from consideration.
`
`6)|:| Claim(s) _ is/are allowed.
`
`7)|Xl Claim(s) L28 is/are rejected.
`
`8)|:| Claim(s) _ is/are objected to.
`
`9)I:I Claim(s) _ are subject to restriction and/or election requirement.
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`
`11)IZI The drawing(s) filed on 07 January 2009 is/are: a)EI accepted or b)|:| objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`12)I:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
`
`Priority under 35 U.S.C. § 119
`
`13)|:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`
`a)|:| AII
`
`b)|:l Some * c)I:I None of:
`
`1.I:I Certified copies of the priority documents have been received.
`
`2.|:l Certified copies of the priority documents have been received in Application No. _
`
`3.I:I Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2(a)).
`
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`
`
`1) IZI Notice of References Cited (PTO-892)
`2) I] Notice of Draftsperson‘s Patent Drawing Review (PTO-948)
`3) IZI Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mai| Date W.
`U.S. Patent and Trademark Office
`
`4) I] Interview Summary (PTO-413)
`Paper N0(S )/Mai| Date. _
`5)I:I NOTICQ 0f Informal Patent Application
`6)I:I Other:—
`
`PTOL-326 (Rev. 03-11)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20120308
`
`
`
`Application/Control Number: 12/350,123
`
`Page 2
`
`Art Unit: 3711
`
`DETAILED ACTION
`
`Election/Restrictions
`
`1.
`
`Applicant’s election without traverse of Group II, claims 21 -28, on 2/22/12 is
`
`acknowledged. Claims 1-20 are withdrawn from further consideration pursuant to 37
`
`CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable
`
`generic or linking claim.
`
`Information Disclosure Statement
`
`2.
`
`The information disclosure statement (IDS) submitted on 4/7/09 was filed before
`
`the mailing date of a first office action on the merits. The submission is in compliance
`
`with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements
`
`are being considered by the examiner.
`
`Claim Rejections - 35 USC § 102
`
`3.
`
`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 —
`
`(b) the invention was patented or described in a printed publication in this or a foreign country or in public
`use or on sale in this country, more than one year prior to the date of application for patent in the United
`States.
`
`4.
`
`Claims 21 and 26 are rejected under 35 U.S.C. 102(b) as being anticipated by
`
`Kempf US Pat. No. 7,174,884.
`
`Kempf teaches:
`
`ln Reference to Claim 21
`
`A method of operating a crossbow, the crossbow (1 0) including a riser
`
`(20), first and second limbs (24/26) coupled to opposing ends of the riser,
`
`
`
`Application/Control Number: 12/350,123
`
`Page 3
`
`Art Unit: 3711
`
`each of the limbs having a limb tip (34/38), a bowstring extending between
`
`the limb tips of the first and second limbs for propelling an arrow (48), an
`
`elongated frame member (16) having a first end coupled to the riser and
`
`an opposing second end (Fig. 1-2), and a trigger disposed proximate the
`
`second end of the elongated frame member (124), the method comprising
`
`the steps of: a. providing a bowstring release including a bowstring hook
`
`(60) for selectively engaging the bowstring, and an actuating lever for
`
`releasing the bowstring hook (62, Fig. 7-8); b. attaching a rope to the
`
`bowstring release (58); c. moving the bowstring release toward the
`
`bowstring to engage the bowstring hook with the bowstring (Fig. 4, Col. 4
`
`lines 17-20); d. pulling the rope to retract the bowstring release, and the
`
`bowstring engaged thereby, toward the second end of the elongated
`
`frame member until the bowstring is in a drawn position (Fig. 4-7, Col. 4
`
`lines 20-65), with the bowstring release proximate the second end of the
`
`elongated frame member, and the actuating lever of the bowstring release
`
`proximate to the trigger of the crossbow (Fig. 7); and e. operating the
`
`trigger to release the bowstring, and to propel an arrow (Col. 5 lines 13-
`
`19).
`
`In Reference to Claim 26
`
`The method of claim 21 including the steps of: a. securing a cocking bar to
`
`the bowstring release (82, Fig. 7); and b. cocking the trigger by engaging
`
`the cocking bar with the trigger as the bowstring release is pulled back into
`
`
`
`Application/Control Number: 12/350,123
`
`Page 4
`
`Art Unit: 3711
`
`its drawn position (trigger is cooked and able to be pulled when the sear is
`
`cleared in the fully drawn position, Fig. 5-8).
`
`Claim Rejections - 35 USC § 103
`
`5.
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 of this title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
`
`6.
`
`Claims 22-25 are rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`Kempf as applied to claim 21 above and further in view of Chang US Pat. No.
`
`7,100,590.
`
`In Reference to Claim 22
`
`Kempf teaches:
`
`The method of claim 21 wherein the step of pulling the rope includes the
`
`steps of: a. rotatably supporting a spool proximate the second end of the
`
`elongated frame member (something inside 56 winds the rope, Col. 3
`
`lines 10-19); b. engaging the rope with the spool (rope must engage to be
`
`controlled); and c. rotating the spool to wind the rope around the spool to
`
`pull the bowstring release, and the bowstring engaged thereby, toward
`
`the drawn position (rope is drawn by something, Fig. 4-7).
`
`Kempf fails to specifically show the cooker mechanism having a spool, however
`
`Kempf does teach that any well-known cooker mechanism may be used to
`
`
`
`Application/Control Number: 12/350,123
`
`Page 5
`
`Art Unit: 3711
`
`operate the draw hook and spools with gears and pawls are well known in the art
`
`to operate a draw hook.
`
`Chang teaches:
`
`A crossbow with a draw mechanism having a spool (242) that engages
`
`and moves the rope (35) to the drawn position when rotated (Fig. 7-8).
`
`It would have been obvious to one of ordinary skill in the art at the time of the
`
`invention to have modified the cooker mechanism of Kempf to have included a
`
`spool as spools are well known in the art to be wound to hold draw ropes and
`
`because Kempf teaches any well-known mechanism may be used (Col. 3 lines
`
`10-19).
`
`In Reference to Claim 23
`
`Kempf as modified by Chang teaches:
`
`The method of claim 22 including the steps of: a. coupling at least one
`
`gear to the spool (Chang: 245/244); and b. engaging a pawl with the at
`
`least one gear for permitting rotation of the spool in a first direction, and
`
`for selectively preventing rotation of the spool in a second, opposing
`
`direction (Chang: 28. Kempf: Col. 3 lines 17-19).
`
`It would have been further obvious to one of ordinary skill in the art at the time of
`
`the invention to have modified the cooker mechanism of Kempf to have included
`
`a gear and pawl to the spool as this is well known in the art as shown by Chang
`
`and because Kempf teaches any well-known cocker mechanism may be used.
`
`In Reference to Claim 24
`
`
`
`Application/Control Number: 12/350,123
`
`Page 6
`
`Art Unit: 3711
`
`Kempf as modified by Chang teaches:
`
`The method of claim 22 including the steps of: a. forming a rope
`
`attachment hole extending transversely through the spool; and b. passing
`
`an end of the rope through the rope attachment hole for securing an end
`
`of the rope to the spool (Chang: as seen on left spool 242, Fig. 4).
`
`ln Reference to Claim 25
`
`Kempf as modified by Chang teaches:
`
`The method of claim 22 wherein the step of rotating the spool includes the
`
`steps of: a. coupling a first gear to the spool (Chang: 244/245); b.
`
`engaging a spur gear with the first gear of the spool (Chang: 243); and c.
`
`cranking the spur gear to rotate the spool (Chang: via handle 26. Kempf:
`
`via handle 130), and to wind the rope about the spool, to pull the
`
`bowstring release, and the bowstring engaged thereby, into the drawn
`
`position (Chang: Fig. 7-8. Kempf: Fig. 4-7).
`
`7.
`
`Claims 27-28 are rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`Kempf as applied to claim 26 above.
`
`Kempf teaches:
`
`ln Reference to Claim 27
`
`The method of claim 26 including the step of pivotally securing the cocking
`
`bar to the bowstring release (pivot 66), and securing an end of the rope to
`
`the cocking bar for preventing pivotal movement of the cooking bar when
`
`
`
`Application/Control Number: 12/350,123
`
`Page 7
`
`Art Unit: 3711
`
`the bowstring release is being pulled into its drawn position (bar doesn’t
`
`pivot until the hook is fully drawn backwards and contacts 84, Fig. 5).
`
`Further, it would have been obvious to one having ordinary skill in the art at the
`
`time the invention was made to have modified the release mechanism of Kempf
`
`to have provided a pivoting bar portion on the hook that interacted with the firing
`
`portion of the release mechanism (if connected to the hook it would not need to
`
`pivot during the draw) as it has been held that rearranging parts of an invention
`
`involves only routine skill in the art (In re Japikse, 86 USPQ 70).
`
`In Reference to Claim 28
`
`The method of claim 27 including the step of allowing the cocking bar to
`
`pivot around the trigger when tension is released from the rope to permit
`
`the bowstring release and the rope to be moved toward the bowstring
`
`(pivots upwards away and around the trigger when the hook is away from
`
`the drawn position, Fig. 4).
`
`Conclusion
`
`8.
`
`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.
`
`9.
`
`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.
`
`
`
`Application/Control Number: 12/350,123
`
`Page 8
`
`Art Unit: 3711
`
`10.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to ALEXANDER NICONOVICH whose telephone number
`
`is (571)270-7419. The examiner can normally be reached on M-F 7:30 am. - 5 p.m..
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Eugene Kim can be reached on 571-272—4463. The fax phone number for
`
`the organization where this application or proceeding is assigned is 571 -273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272—1000.
`
`/A. N./
`
`Examiner, Art Unit 3711
`/Gene Kim/
`
`Supervisory Patent Examiner, Art Unit 3711
`
`