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 After Final Amendment
The After Final Amendment filed 01/09/2026 has been entered. Claims 2-9, 11-17, and 19-23 are pending in the application. In view of the Amendment, newly discover art, new error(s) found in the claims, and in the Final Rejection dated 11/14/2025, PROSECUTION IS HEREBY REOPENED. Addressing the new issues does not unduly interfere with the preparation of a Supplemental/New Office action. This new Non-Final Rejection is to replace/supersede the prior Final Rejection dated 08/29/2024.
This new Non-Final Rejection is to replace/supersede the prior Final Rejection dated 11/14/2025. The new Non-Final Rejection office action is set forth below.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the terms/phrases “blank”, “buffer tube” is not found the specification. Is the “buffer tube alignment hole” the “buffer tube”? There is no reference number for the buffer tube alignment hole but buffer alignment holes 1202/1302 are found in the specification. Presumably buffer tube alignment hole is directed to buffer alignment holes 1202/1302 but confusion remains as to what the “buffer tube” is.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the blank, buffer tube alignment hole, buffer tube must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
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 2-9, 11-17, 19-23 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.
Claims 2 and 15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being unclear with what the “blank having a buffer tube” is directed to and what the lower receiver is. As claimed “manufacturing a lower receiver from a blank having a buffer tube and a take down pin hole” indicates the lower receiver is what is being manufactured. However, later the claim recites “a first carriage plate and a second carriage plate configured to be positioned on respective first and second sides of the lower receiver”. If the lower receiver has not been yet made then the carriage plates cannot be positioned on the “lower receiver”. Presumably the carriage plates should be positioned the blank in which the phrase “positioned on respective first and second sides of the lower receiver” should be recited - - positioned on respective first and second sides of the blank - -. Also, the terms/phrases “blank”, “buffer tube” is not found the specification. Is the “buffer tube alignment hole” the “buffer tube”? There is no reference number for the buffer tube alignment hole but buffer alignment holes 1202/1302 are found in the specification. Presumably buffer tube alignment hole is directed to buffer alignment holes 1202/1302 but confusion remains as to what the “buffer tube” is.
Moreover, as claimed “a jig for manufacturing a lower receiver” (claims 1 and 15) directs the claim to a jig, yet the specification recites “An advanced jig 100 can be assembled around a lower receiver 113 (instant specification, [0046]). It is not clear what “a jig” is directed to. Is the jig all the parts on the lower receiver 113? Is the rotary tool part of the jig? It is not clear what is included and excluded from “a jig”. Examiner is giving charity to having enough support to make the invention (a jig that supports and guides rotary tool and/or supports a blank/stock members to worked on/assembled); but the mis-match of claimed members with the specification and drawings results in confusion.
Claim 15 recites the limitation "buffer tube alignment hole on a lower receiver". This is confusing as to whether “a lower receiver” is the same member as “manufacturing a lower receiver” claimed in the preamble. Also, as discussed above/supra – “manufacturing a lower receiver from a blank having a buffer tube and a take down pin hole” indicates the lower receiver is what is being manufactured. However, later the claim recites “buffer tube alignment hole on a lower receiver”. If the lower receiver has not been yet made then the buffer tube alignment hole cannot be on the “lower receiver”.
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.
Claim(s) 2, 9, 11, 13-15, and 19-23 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Smith (US 20190210170 A1).
Regarding claims 2, 11, and 22, As best understood by examiner - Smith discloses a jig (10) for manufacturing a lower receiver from a blank (12/212) having a buffer tube (32) and a takedown pin hole (takedown apertures 25, 27 and/or selector holes 118 and trigger pin holes 120 [0039-0041]), comprising:
a top guide plate (28) configured to be supported by a front support (59 or 30) and a buffer support (30/22, figs. 1-11 and/or 314/322, figs. 12-15);
a rotary tool adaptor (90 or 78) configured to be supported by the top guide plate; a rotary power tool (router or drill or mill) coupled to a rotary tool (router bit, drill bit shown) configured to be supported by the top guide plate and the rotary tool adaptor ([0056-0064], figs. 1-10);
a first carriage plate (26) and a second carriage plate (26) configured to be positioned on respective first and second sides of the lower receiver (12),
wherein a proximal end of each of the first and second carriage plates (26) is coupled (via pins 74/72/76) with the top guide plate (28, fig. 4) and a distal end of each of the first and second carriage plates extends therefrom, wherein the distal ends of the first and second carriage plates extend below a lowermost point of the lower receiver (distal ends “extend” from 28 below the receiver, [0042-0071], figs. 1-15); and
a locating pin (61) configured to extend through the front support (tabs 27, fig. 3) to secure the front support (59) to the lower receiver (12).
Regarding claims 15 and 23, As best understood by examiner - Smith discloses a jig (10) for manufacturing a lower receiver from a blank (12/212) having a buffer tube (32) and a takedown pin hole (takedown apertures 25, 27 and/or selector holes 118 and trigger pin holes 120 [0039-0041]), comprising:
a top guide plate (28) configured to be supported by a front support (59 or 30) and a buffer support (30/22, figs. 1-11 and/or 314/322, figs. 12-15); the buffer support comprising:
one or more buffer attachment holes (68a/b) configured to receive fasteners; a buffer locator hole (70) configured to engage a buffer locator (35 and/or 32); and a boss (64) configured to engage with a buffer tube alignment hole (22) on a lower receiver;
wherein the fasteners extending through the one or more buffer attachment holes (holes 68a/b) are configured to couple to the top guide plate (28);
a rotary power tool (router or drill or mill) coupled to a rotary tool (router bit, drill bit shown) configured to be supported by the top guide plate (via 90 or 78, [0056-0064], figs. 1-10); and
a first carriage plate (26) and a second carriage plate (26) configured to be positioned on respective first and second sides of the lower receiver (12),
wherein a proximal end of each of the first and second carriage plates (26) is coupled (via pins 74/72/76) with the top guide plate (28, fig. 4) and a distal end of each of the first and second carriage plates extends therefrom, wherein the top guide plate is oriented perpendicular relative to the front support and/or the buffer support (distal ends “extend” from 28 and guide plate 28 is perpendicular [0042-0071], figs. 1-15).
Regarding claims 9, 13-14 and 19-21, As best understood by examiner - Smith discloses the first carriage plate and second carriage plate (26) includes a plurality of drill guide holes (guide holes 42 is used to guide a drill bit [0044, 0065], figs. 1-2 and 11) aligned with a location for a hammer pin, a trigger pivot, and a selector, wherein the buffer support (30/22, figs. 1-11 and/or 314/322, figs. 12-15) includes one or more buffer attachment holes (25 or 330, figs. 2-4 and 12-15), a buffer locator hole (22 or 324 or 330), and a boss (314/332/322), wherein a locating pin/bolt (61 or centering bolt 332) is configured to couple the front support (59 or 30) to the lower receiver ([0042-0071], figs. 1-15).
Claim(s) 2 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by PUGSLEY (US 2997900 A).
Regarding claims 2 and 11, discloses a jig (10) for manufacturing a lower receiver from a blank (rod R) having a buffer tube (col. 1, lines 7-41) and a takedown pin hole (fig. 5, hole shown on the rod, also drill 12 drills pin hole in the rod to form "clean" hole, col. 4, lines 11-32, figs. 1-7), comprising:
a top guide plate (20) configured to be supported by a front support (tubes 56) and a buffer support (return springs 70);
a rotary tool adaptor (44) configured to be supported by the top guide plate; a rotary power tool (18) coupled to a rotary tool (12) configured to be supported by the top guide plate and the rotary tool adaptor;
a first carriage plate (58) and a second carriage plate (78) configured to be positioned on respective first and second sides of the lower receiver (blank rod R/tube),
wherein a proximal end of each of the first and second carriage plates (58/78) is coupled (via 56) with the top guide plate (20) and a distal end of each of the first and second carriage plates extends therefrom (distal ends “extend” from tubes 56 axially and horizontally, wherein the distal ends of the first and second carriage plates extend below a lowermost point of the lower receiver (distal ends “extend” of tubes 56 below the receiver); and
a locating pin (74) configured to extend through the front support (56) to secure the front support (56) to the lower receiver (blank rod R/tube).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 3-8, 12, and 16-17 is/are rejected under 35 U.S.C. 103 as obvious over Smith (US 20190210170 A1) in view of Witt (US 6742558 B1). , 11, 13-15, and 19-23
Regarding claims 3-8, 12, and 16-17, As best understood by examiner - Smith teaches the first carriage plate includes a drill guide hole (guide holes 42 is used to guide a drill bit [0044, 0065], figs. 1-2 and 11), the first carriage plate is coupled to the top plate by a first set of fasteners extending through the top plate (via apertures 56 [0046]), wherein the second carriage plate is coupled to the top plate by a second set of fasteners extending through the top plate [0046], wherein a first row of the first set of fasteners is coupled along a first side of the first carriage plate and a second row of the first set of fasteners is coupled along a second side of the first carriage plate, wherein the first carriage plate includes a drill guide hole (40) aligned with a location for a hammer pin, ([0044-0065], fig. 2).
Smith fails to disclose the first and second carriage plate have a thickness of at least 1.0 inches, wherein the thickness is in a direction between the first row and the second row of the first set of fasteners, wherein the thickness is configured to allow the rotary tool to resist skewing and the drill guide hole having a depth of at least 1 inch.
Witt teaches having a first and second carriage plate (14/16 and/or block 30) have a thickness of at least 1.0 inches (col. 1, lines 1-16, “as much as two inches” - block 30 with four laminate layers 32, 34, 36, 38), wherein the thickness is in a direction between the first row and the second row of the first set of fasteners (pins 56/slugs 62), wherein the thickness is configured to allow the rotary tool to resist skewing (“configured” to resist some skewing with added thickness guides drill bit further thus resisting skewing), wherein the first carriage plate (36) includes a drill guide hole (60, horizontal bores 78/ slots 82 and/or 91) aligned with a location for a hammer pin (pins 56, bolts 94 and/or adjustment bolt 93), the drill guide hole having a depth of at least 1 inch (Witt also teaches increasing or decreasing the number of laminates, col. 3, lines 60-67, col. 4, lines 1-67, col. 5, lines 1-16, figs. 1-9).
Witt states: “the number of laminates is shown to be four, this number may be increased or decreased” (col. 4, lines 5-8).
Given the teachings of Smith to have first and second carriage plates with a template for guiding a dirll, it 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 to modify the first and second carriage plate have a thickness of at least 1.0 inches, wherein the thickness is in a direction between the first row and the second row of the first set of fasteners, wherein the thickness is configured to allow the rotary tool to resist skewing and the drill guide hole having a depth of at least 1 inch for more precise operation of the rotary tool and more precise action on a workpiece (avoid overshoot/damage to the workpiece), improved guiding of the rotary tool and/or for having a template depth for the desired hole/feature in a blank purposes as taught by Witt.
Response to Arguments
Applicant’s arguments with respect to claim(s) 2-9, 11-17, and 19-23 have been considered but are moot because the new ground of rejection does not rely on all new references, 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), issues, and specification/drawing objections applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Allemann et al. (US 20040126197 A1) – JIG with template having differing depth of holes, size and shape of holes/features ([0035-0041, 0051], figs. 1-5) and see references cited, form 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT LONG whose telephone number is (571)270-3864. The examiner can normally be reached M-F, 9am-5pm, 8-9pm (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SHELLEY SELF can be reached at (571) 272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT F LONG/Primary Examiner, Art Unit 3731