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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/17/2026 has been entered.
Terminal Disclaimer
The terminal disclaimer filed on 07/15/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patents- US 10718578 B2 & US 9982958 B1 has been reviewed and is accepted. The terminal disclaimer has been recorded.
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, and 22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lukas (US 3788632 A).
Regarding claims 2, 11, and 22, Lukas discloses a jig (10) for finishing a lower receiver (92) having a buffer tube alignment hole and a takedown pin hole, comprising:
a top guide plate (28) configured to be supported by a front support (94) and a buffer support (44);
a rotary tool adaptor (94) configured to be supported by the top guide plate; a rotary power tool (14) coupled to a rotary tool (16) configured to be supported by the top guide plate and the rotary tool adaptor (94, fig. 1);
a first carriage plate (20) and a second carriage plate (22) configured to be positioned on respective first and second sides of the lower receiver (92),
wherein a proximal end of each of the first and second carriage plates (20/22) are coupled with the top guide plate (28) and a distal end of each of the first and second carriage plates extends therefrom (figs. 1-2); wherein the distal ends of the first and second carriage plates extend below a lowermost point of the lower receiver (92); and
a locating pin (screws 62 shown on clamps 94) configured to extend through the front support (94, figs. 1-2) to secure the front support (94) to the lower receiver (92 secured via clamping) and the top guide plate (28) is oriented perpendicular relative to the front support (94 – extends upward/perpendicular from 28 as well as the screws 62 part of 94 extend perpendicular to 28) and/or the buffer support (44).
Regarding claims 9, Lukas discloses the locating pin is a bolt (62), first carriage plate and second carriage plate (20/22) includes a plurality of drill guide holes (fig. 4) aligned with a location for a hammer pin (62), a trigger pivot, and a selector (any of 132, 134, 136 632, 634, 636 can be “aligned with a hammer/trigger pivot hole or “selector”), wherein the buffer support (110/buffer adapter 7) includes one or more buffer attachment holes (holes for 112), a buffer locator hole (center hole, figs. 21 and 27), and a boss (ridges shown on buffer adapter 7 fig. 21), wherein a locating pin/bolt (704) is configured to couple the front support (118, [0039], figs. 1-8) to the lower receiver (116 [0035-0051], figs. 1-27).
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 and 12, is/are rejected under 35 U.S.C. 103 as obvious over Lukas (US 3788632 A) in view of Witt (US 6742558 B1).
Regarding claims 3-8 and 12, Lukas 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 Lukas to have first and second carriage plates with a template for guiding a drill, 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.
Allowable Subject Matter
Claims 15-17, 19-21, and 23 are allowed.
Claims 13-14 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Reasons for Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance: the prior art of record fails to teach or render obvious a jig for manufacturing a lower receiver from a blank comprising all the structural and functional limitations and further comprising, amongst other limitations/features a buffer tube and a takedown pin hole, comprising: a top plate configured to be supported by a front support and a buffer support, a rotary tool adaptor configured to be supported by the top plate; a rotary power tool coupled to a rotary tool configured to be supported by the top plate and the rotary tool adaptor, a first carriage plate and a second carriage plate (22/24) configured to be positioned on respective first and second sides of the lower receiver; and a locating pin configured to extend through the front support to secure the front support to the lower and a proximal end of each of the first and second carriage plates is coupled with the top plate 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, wherein the first and second carriage plates include a plurality of drill guide holes aligned with a location for a hammer pin, a trigger pivot, and a selector, wherein the buffer support includes can have one or more buffer attachment holes, a buffer locator hole, and a boss. Though Chang et al. teaches the carriage plates that include a drill guide hole the explicit teaching of having a proximal end of each of the first and second carriage plates coupled with the top plate 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, wherein the first and second carriage plates include a plurality of drill guide holes aligned with a location for a hammer pin, a trigger pivot, and a selector, wherein the buffer support includes can have one or more buffer attachment holes, a buffer locator hole, and a boss would not be obvious to modify since the carriage plates coupling assembly and router support plate would not be able to be attached without having to add other coupling features to function with the different shape/extending carriage plates. Having the carriages able to adapt the jig to different receivers by provides a more versatile tool along with using at least one guiding feature to facilitate in the guidance of the rotary tool in a safe manner.
While various features of the claimed subject matter are found individually in the prior art, a skilled artisan would have to include knowledge gleaned only from the applicant's disclosure to combine or modify the teachings of the prior art to produce the claimed subject matter, and thus obviousness would not be proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). There is no teaching, suggestion, or motivation found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art to combine or modify the teachings of the prior art to produce the claimed invention, and thus obviousness would not be proper. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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 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)
PUGSLEY (US 2997900 A)- Multipurpose Fixture/JIG for drilling holes in a rod (R) with two carriage plates (20/58/78), template for drill bit to be held at right angles to avoid skewing (col. 2, lines 44-67- col. 4, line 67, figs. 1-10) 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).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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
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