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 .
Response to Arguments
Applicant's arguments filed 1/6/26 have been fully considered but they are not persuasive. Applicant’s arguments are all directed to the reference of Parker and Parker is not relied upon for the current Action. Furthermore, it is noted that applicant has filed an RCE, dated 1/6/2026, in the current application.
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.
Claim(s) 1-5, 7, 10, 15 and 16, 47, 51 is/are rejected under 35 U.S.C. 103 as being unpatentable over Reed et al. (US 10,962,327) in view of Lee (US Patent 9,596,834). Reed et al. discloses a firearm accessory comprising:
a housing (108) comprising a mount (118) [having structure allowing it to mount on an accessory rail of a firearm];
a first light source (134B) supported by the housing, wherein the first light source is oriented with respect to the housing to emit light away from the housing in a first direction to assist a user in aiming the firearm;
a second light source (134A, 134C) supported by the housing, wherein the second light source is oriented with respect to the housing to emit light away from the housing in a second direction to assist the user in seeing a travel path of the user, the second direction positioned at a non-zero angle with respect to the first direction. Reed et al. discloses the claimed invention but does not expressly disclose the accessory comprising a motion sensor configured to sense when the housing is moving; and a controller electrically coupled to the motion sensor and the second light source, the controller configured to activate the second light source in response to the motion sensor sensing that the housing is moving, however Lee does. Lee teaches a flashlight including a motion sensor (3) and a controller (22) electrically coupled to the motion sensor, the controller configured to turn on the light when the controller detects that the light is moving (col. 3, lines 54-65). All the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded the predictable results of turning the [second light source on] when a certain turning on an appropriate light mode for the position of the flashlight is desired by a user without having to find the button in a dark situation and there would have been a reasonable expectation of success.
2. The firearm accessory of claim 1, wherein the mount is provided on an upper portion of the housing, first direction extends outward from a front of the housing, and wherein the second direction extends outward from a bottom of the housing. (it is noted that the terms “front” and “bottom” are spatially relative terms and without a point of reference any surface can be considered a “front” and “bottom”) (see at least Fig. 5)
3. The firearm accessory of claim 1, wherein mount defines a mount axis configured to extend along a longitudinal axis of an accessory rail when the mount is mounted on the accessory rail, wherein the first direction is parallel to the mount axis. (see at least Fig. 3)
4. The firearm accessory of claim 1, wherein the mount is provided on an upper portion of the housing, the housing defines a front opening (120) through which light from the first light source is emitted, and wherein the housing defines a bottom opening (124) through which light from the second light source is emitted. (it is noted that the terms “front” and “bottom” are spatially relative terms and without a point of reference any surface can be considered a “front” and “bottom”) (see at least Fig. 5)
5. The firearm accessory of claim 4, wherein one or more lenses cover the front opening and the bottom opening. (120, 124)
7. The firearm accessory of claim 1, wherein the first light source includes at least one LED, and wherein the second light source includes at least one LED. (col. 6, lines 54-67)
10. The firearm accessory of claim 1, wherein the motion sensor is an accelerometer. (Lee; col. 5, lines 35-40)
15. The firearm accessory of claim 1, wherein the housing comprises a top (at end 122 in Fig. 5), a bottom (at end 114 in Fig. 5), and opposing sides extending between the top and bottom, wherein a width of the housing extends between the opposing sides, and wherein the second light source is positioned below the first light source. (Fig. 5 showing second light source positioned below the first light source)
16. The firearm accessory of claim 1, in combination with the firearm, wherein the firearm is a pistol including a trigger guard positioned behind the accessory rail (Figs. 1 and 2), the firearm accessory further comprising first and second actuators (116) coupled to the housing and configured to be positioned adjacent left and right sides, respectively, of the trigger guard when the housing is mounted on the accessory rail of the pistol, each of the first and second actuators having structure allowing it be actuated by a finger of a user gripping the pistol for activating or deactivating the first light source.
47. The firearm accessory of claim 1, wherein Lee discloses the movement of the housing the motion sensor is configured to sense is acceleration of the housing, the controller being configured to activate the second light source when the motion sensor senses that the housing is accelerating.
51. The firearm accessory of claim 47, Lee discloses wherein the controller is configured keep the second light source activated when the second light source is activated and the motion sensor senses that the housing is accelerating.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Reed et al. in view of Lee as applied to claim 1 above, and further in view of Brustein et al. (US Patent 6,158,874). Reed et al. and Lee disclose the claimed invention wherein the mount is provided on an upper portion of the housing but do not expressly disclose a first surface and a second surface extending from the first surface at an angle greater than 90 degrees and less than 180 degrees, wherein the first direction is generally perpendicular to the first surface, and wherein the second direction is generally perpendicular to the second surface, however Brustein et al. does. Brustein et al. teaches a multidirectional light, similar to that disclosed by Reed et al., wherein a first surface (48) and a second surface (58) extending from the first surface at an angle greater than 90 degrees and less than 180 degrees, wherein the first direction is generally perpendicular to the first surface, and wherein the second direction is generally perpendicular to the second surface so that an extra piece of equipment is not necessary to be carried and that the user will not blind nearby law enforcement officers. The claim would have been obvious because the particular known technique of angling the surfaces greater than 90 degrees and less than 180 degrees with relation to each other was recognized as part of the ordinary capabilities of one skilled in the art and there would have been a reasonable expectation of success.
Claim(s) 8, 9 and 48-50 is/are rejected under 35 U.S.C. 103 as being unpatentable over Reed et al. in view of Lee as applied to claims 1 and 47 above, and further in view of Maglica et al. (US Patent Application Publication 2010/0219775). Reed et al. and Lee disclose the claimed invention but do not expressly disclose the controller having structure allowing it to activate the second light source for an illumination time period when the motion sensor senses that the housing is moving, and wherein the controller is configured to deactivate the second light source at the end of the illumination time period and the illumination time period is reset when the motion sensor detects motion while the second light source is activated, however Maglica et al. does. Maglica et al. teaches a lighting device comprising a controller and a motion sensor and the lighting device is turned off if the lighting device is not moved for a certain amount of time and the timer is reset if any movement is detected (par. 0328). The claim would have been obvious because the particular known technique of including a timer and reset timer on a motion sensor on a lighting device was recognized as part of the ordinary capabilities of one skilled in the art for the predictable results of conserving batteries and there would have been a reasonable expectation of success.
48. The firearm accessory of claim 47, wherein the controller is configured to activate the second light source for an illumination time period when the motion sensor senses that the housing is accelerating, and wherein the controller is configured to deactivate the second light source at the end of the illumination time period.
49. The firearm accessory of claim 48, wherein the illumination time period is reset when the motion sensor detects acceleration while the second light source is activated.
50. The firearm accessory of claim 48, wherein the illumination time period is 15 seconds. Although Maglica et al. does not expressly the time period being 15 seconds it would have been obvious to one having ordinary skill in the art at the time the invention was made to make the time 15 seconds, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art and it would be obvious that the optimum time would be the time that benefits the user the most without diminishing the batteries to fast.
Claim(s) 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Reed et al. in view of Lee as applied to claim 1 above, and further in view of Lindsay et al. (US Patent Application Publication 2021/0333068). Reed et al. and Parker et al. disclose the claimed invention including an accessory rail of the firearm has opposite sides extending along a length of the accessory rail and a recess between the opposite sides (Reed et al. col. 6, lines17-18), wherein the mount includes a first rail engagement arm and a second rail engagement arm (Reed et al.: 118), the first and second rail engagement arms being spaced from each other to define a gap for receiving the accessory rail therein, the first and second rail engagement arms being shaped and arranged to engage the opposite sides of the accessory rail when the accessory rail is received in the gap for mounting the housing on the firearm (see Reed et al. Figs. 1 and 2). Reed et al. and Parker et al. do not expressly disclose wherein the housing defines at least one lug receiver positioned adjacent the first and second rail engagement arms, and further comprising at least one lug received by the at least one lug receiver, the at least one lug sized and shaped to interface with the recess of the accessory rail to prevent forward movement of the housing along the length of the accessory rail, however Lindsay et al. does. Lindsay et al. teaches a mount for an accessory rail comprising lug receiver and at least one lug (40) received in the lug receiver (46), the at least one lug sized and shaped to interface with a recess of an accessory rail in order to fit into different sized rail slots to keep the mount from moving. All the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded the predictable results of providing a mount that could be utilized on accessory rails having different spacings of rail slots and still hold the accessory without movement and there would be a reasonable expectation of success to one of ordinary skill in the art. Reed et al., Lee and Lindsay et al. disclose the claimed invention except for there being a plurality of lug receivers. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make a plurality of lug receivers that are spaced apart longitudinally along the accessory axis, each of the plurality of lug receivers configured to receive the at least one lug, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Claim(s) 1-5, 7, 10, 15 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blount et al. (US 11,329,112) in view of Lee (US Patent Application Publication 2014/0092590). Blount et al. discloses a firearm accessory comprising:
a housing (4000) comprising a mount (4004) [having structure allowing it to mount on an accessory rail of a firearm];
a first light source (4016, 4020) supported by the housing, wherein the first light source is oriented with respect to the housing to emit light away from the housing in a first direction to assist a user in aiming the firearm;
a second light source (4028) supported by the housing, wherein the second light source is oriented with respect to the housing to emit light away from the housing in a second direction to assist the user in seeing a travel path of the user, the second direction positioned at a non-zero angle with respect to the first direction. Blount et al. discloses the claimed invention but does not expressly disclose the accessory comprising a motion sensor configured to sense when the housing is moving; and a controller electrically coupled to the motion sensor and the second light source, the controller configured to activate the second light source when the motion sensor senses that the housing is moving, however Lee does. Lee teaches a flashlight including a motion sensor (3) and a controller (22) electrically coupled to the motion sensor, the controller configured to turn on the light when the controller detects that the light is moving (col. 3, lines 54-65). All the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded the predictable results of turning the [second light source on] when a certain turning on an appropriate light mode for the position of the flashlight is desired by a user without having to find the button in a dark situation and there would have been a reasonable expectation of success.
2. The firearm accessory of claim 1, wherein the first direction extends outward from a front of the housing, and wherein the second direction extends outward from a bottom of the housing. (it is noted that the terms “front” and “bottom” are spatially relative terms and without a point of reference any surface can be considered a “front” and “bottom”) (see at least Fig. 40-44)
3. The firearm accessory of claim 1, wherein the first direction is parallel to a rail axis of an accessory rail when the mount is mounted on the accessory rail, wherein a length of the accessory rail extends along the rail axis. (see Figures)
4. The firearm accessory of claim 1, wherein the housing defines a front opening through which light from the first light source is emitted, and wherein the housing defines a bottom opening through which light from the second light source is emitted. (it is noted that the terms “front” and “bottom” are spatially relative terms and without a point of reference any surface can be considered a “front” and “bottom”) (see at least Fig. 40-44)
5. The firearm accessory of claim 4, wherein one or more lenses cover the front opening and the bottom opening. (col. 10, lines 3-11)
7. The firearm accessory of claim 1, wherein the first light source includes at least one LED, and wherein the second light source includes at least one LED.
10. The firearm accessory of claim 1, wherein the motion sensor is an accelerometer. (Parker et al. par. 0042)
15. The firearm accessory of claim 1, wherein the housing comprises a top, a bottom, and opposing sides extending between the top and bottom, wherein a width of the housing extends between the opposing sides, and wherein the second light source is positioned below the first light source. (Fig. 40-44)
Claim(s) 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blount et al. in view of Lee as applied to claim 1 above, and further in view of Galli (US Patent Application Publication 2009/0122527). Blount et al. and Lee disclose the claimed firearm accessory wherein the mount is positioned at a top of the housing, wherein the housing defines a battery compartment configured to receive a battery, the battery compartment accessible through a battery opening in the bottom of the housing, and further comprising a battery door (Blount 4038) coupled to the housing adjacent the battery compartment, the battery door movable between a closed position, in which the battery door covers the battery opening and releasably engages a portion of the housing, and an open position, in which the battery compartment is accessible through the battery opening, however they do not expressly disclose the specifics of the battery door being pivotably coupled to the housing or the firearm accessory further comprising first and second battery contacts positioned at opposite ends of the battery compartment and spaced apart longitudinally along the accessory axis, and wherein the battery door is pivotable with respect to the housing along a pivot axis that is transverse to the accessory axis, however Galli does. Galli teaches a lighting device for mounting on a rail of a firearm, the device comprising a battery door being pivotably coupled to the housing (Figs. 7 and 8) or the firearm accessory further comprising first and second battery contacts positioned at opposite ends of the battery compartment and spaced apart longitudinally along the accessory axis (given the position shown of the batteries 40a-d, the contacts would be positioned at opposite ends of the battery compartment and spaced apart longitudinally along the accessory axis), and wherein the battery door is pivotable with respect to the housing along a pivot axis that is transverse to the accessory axis. All the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded the predictable results of allowing easy access to the power supply for changing when necessary.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/MICHELLE CLEMENT/Primary Examiner, Art Unit 3641