DETAILED ACTION
In the Final Rejection mailed 1/20/2026:
Claims 1-4, 6, 9, 11-17, and 19 were rejected.
Claims 5, 7-8, 10, 18, and 20 were cancelled.
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 .
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.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/15/2026 has been entered.
Response to Amendment
The amendment to the claims filed 3/20/2026 has been entered:
Claims 1-4, 6, 9, 11-17, and 19 are active.
Claims 5, 7-8, 10, 18, and 20 are cancelled.
Response to Arguments
Applicant’s arguments, filed 3/20/2026, with respect to claim(s) 1-4, 6, 9, 11-17, and 19 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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) 1-4, 6, and 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fluhr et al. (US 2009/0229454), herein ‘Fluhr’, and further in view of Sutter (US 1431059), herein ‘Sutter’, Young (US 2016/0076836), herein ‘Young’, Reinken (US 2013/0098235), herein ‘Reinken’, and Robinson et al. (US 2020/0033084), herein ‘Robinson’.
Regarding claims 1 and 6, Fluhr discloses a gas regulating system (Figs. 1-7), comprising:
a gas block (3) having a first end (Fig. 1; left end) and a second end (Fig. 1; right end), where the first end is disposed closer to a muzzle (2) of a firearm (100), the gas block comprising:
a bore (Figs. 1-2; portion of collar 18 engaging exterior surface 208 of barrel 1) configured to receive a barrel (1) of the firearm;
a channel (14) defined by an elongate member (16) that is substantially parallel to the bore (Figs. 1-2) and comprising an opening (Figs. 1-2; into which gas flows from channel 10); and
a first passage (32) substantially perpendicular to the bore (Figs. 1-2 and 5), the passage comprising a first opening (Figs. 1-2 and 5; lower opening of passage 32 between the portion of gas channel 10 between aperture 32 and tap bore 8) and a second opening (Figs. 1-2 and 5; upper opening of passage 32 between the portion of gas channel 10 between aperture 32 and chamber 14), the second opening configured to allow gas to travel from the first passage toward the channel (Figs. 1-2 and 5; par. 19);
a second passage (49) communicating with and substantially perpendicular to the first passage (Fig. 6; par. 32) and configured to receive a locking member (46), where the locking member is configured to be removably received by the second passage (Fig. 6; par. 32), and where the locking member comprises a substantially planar end (66; Fig. 6); and
a plurality of inserts (30; par. 36; “a marksman may have a plurality of different flow control apparatus 30 each having a borehole having a different cross-sectional flow area… different flow control apparatus 30 having different cross-sectional flow areas may be interchanged in the aperture 32”), each insert configured to be rotatable within the gas block and removably received by the first passage non-simultaneously (par. 36 and 39-40) and comprising:
an alignment indicator (36-40; Fig. 3) disposed on an exterior surface (302; Fig. 3) and configured to indicate a proper rotational alignment with respect to the first passage (par. 30, 44);
a first insert opening (Fig. 2; opening 216 of borehole 10a positioned below borehole 10b) configured to allow gas to travel from the bore into the insert (par. 25);
a second insert opening (Fig. 2; opening 216 of borehole 10a which is positioned above borehole 10b) disposed opposite the first insert opening (Fig. 2) and configured to allow gas to travel out of the insert and toward the channel while the insert is received by the first passage (par. 25);
a single connecting channel (10a; par. 36) that is substantially linear and fluidly connects the first insert opening with the second insert opening (10a; Fig. 5; par. 25); and
a planar surface (62 or 64; Figs. 6-7) configured to engage the substantially planar end of the locking member (Fig. 6; par. 34).
Fluhr does not expressly teach wherein the locking member is a set screw.
Sutter teaches a gas regulating system (title) comprising a gas block (E) with an insert (F) rotatable within a slot (eo) in the gas block (page 1 lines 88-93) and a locking member (G) in the form of a set screw (Figs. 2-4; page 1 lines 107-108) which directly engages the insert when the insert is properly adjusted (Fig. 4; page 2 lines 5-7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the locking member of Fluhr with a set screw as taught by Sutter with a reasonable expectation of success in order to enable a user to removably secure the insert within the gas block with a continuous gas-tight connection (Sutter; page 2 lines 5-15).
Fluhr also does not expressly teach wherein the elongate member is secured to the gas block at a first end by a pin that is received into a pin passage, and where the first passage is disposed between the pin passage and the second end of the gas block.
Reinken teaches a gas block (1) for a firearm (40), the gas block having a first end (Fig. 1; distal end) and a second end (Fig. 1; proximal end), where the first end is disposed closer to a muzzle (58; Fig. 1) of the firearm, a longitudinal channel (24) defined by an elongate member (44) secured to the gas block (par. 74) at a first end (Fig. 17; distal end) by a pin (54) that is received into a pin passage (Figs. 17 and 23; opening into which pin 54 is positioned), a first passage (21-22) perpendicular to the channel (Figs. 9-15) which is disposed between the pin passage and the second end of the gas block (Figs. 1 and 8), and a gas regulator (10) inserted into the first passage (par. 85; Figs. 8-15).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the first end of the elongate member of the modified Fluhr to be secured to the gas block by a pin received into a pin passage positioned such that the first passage is disposed between the pin passage and the second end of the gas block as taught by Reinken with a reasonable expectation of success in order to secure the elongate member to the gas block (Reinken; par. 74) with parts and a method of attachment which is well-known in the prior art (Reinken; par. 82).
Fluhr also does not expressly teach wherein each of the plurality of inserts comprises two or more non-numeric visual indicators indicating a size of the second insert opening.
Young teaches a gas regulating system (Figs. 1-5) for adjusting gas flow during operation of a firearm (par. 21), the system comprising a passage (20) and a plurality of inserts (40; Fig. 4; par. 23), wherein each of the inserts has a gas hole (44) with a different diameter (Fig. 4; par. 23), wherein each of the inserts is selectively inserted into the passage to adjust the flow of gas through the insert (par. 23), and wherein each of the inserts comprises a number of non-numeric visual indicators (50) on an exterior surface thereof indicating a diameter of the gas hole of the insert (claim 18; par. 23).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide each of the plurality of inserts of the modified Fluhr with non-numeric visual indicators indicating the size of the second insert opening as taught by Young with a reasonable expectation of success in order to enable a user to distinguish between the inserts, even in the dark (Young; par. 23).
Additionally, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the non-numeric visual indicator of the modified Fluhr to comprise two or more non-numeric visual indicators with a reasonable expectation of success, 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. vs. Bemis Co., 193 USPQ 8.
Fluhr further discloses wherein the barrel has at least one alignment socket formed on an exterior surface of the barrel (Figs. 1-4 and 6; par. 22) and wherein the gas block has an opening (Figs. 1-4 and 6; par. 22) for receiving a fastener (22) configured to engage the opening and the at least one alignment socket to position the gas block with reference to the barrel (Figs. 1-4 and 6; par. 22), but does not expressly teach wherein the at least one alignment socket extends radially inward.
Robinson teaches a gas regulating system (24) comprising a gas block (25) with a bore (35) configured to receive a barrel (16) of a firearm (10), wherein the barrel has at least one alignment socket formed on an exterior surface thereof that extends radially inward (Figs. 4-7, 9-10, and 14; par. 48; set screws 36 are shown to extend radially inward and are described as engaging a corresponding dimple formed in the barrel), and wherein the gas block has an opening (Figs. 4-7, 9-10, and 14; opening in lower surface of gas block 25 through which set screws 36 extend) for receiving a fastener (36) configured to engage the opening and the at least one alignment socket to position the gas block with reference to the barrel (Figs. 4-7, 9-10, and 14; par. 48).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the horizontal alignment pins of the modified Fluhr with the radially oriented fasteners as taught by Robinson with a reasonable expectation of success in order to secure and properly position the gas block on the barrel (Robinson; par. 48).
Regarding claim 2, the modified Fluhr discloses wherein the elongate member comprises a second end (rod; par. 21) opposite the first end, wherein the second end is positioned closer relative to a receiver of the firearm than the first end is positioned relative to the receiver of the firearm (par. 21).
Regarding claim 3, the modified Fluhr discloses wherein the second end of the elongate member is configured to be received by the receiver (par. 21).
Regarding claim 4, the modified Fluhr discloses wherein the barrel comprises a barrel opening (8), and wherein the first opening of the first passage is substantially aligned with the barrel opening (Figs. 1-2 and 5; par. 19).
Regarding claim 11, the modified Fluhr discloses wherein each insert of the plurality of inserts further comprises a head (34) and a body (42), wherein the head has a width greater than a width of the body (Fig. 7), and wherein the second insert opening comprises an opening of the body (Fig. 7; par. 32).
Regarding claim 12, the modified Fluhr discloses wherein the second insert opening of at least one insert of the plurality of inserts has a size that is different from a size of the second opening of the first passage (Figs. 1-2 and 5; inherently, if the boreholes 10a and 10b of the flow control apparatus 30 have different sizes, then at least one of the borehole openings will have a size that is different than a size of the second opening of the first passage 10).
Regarding claim 13, the modified Fluhr discloses an additional channel (Figs. 1-2 and 5; portion of gas channel 10 between aperture 32 and chamber 14) connecting the second opening of the first passage and the opening of the channel (Figs. 1-2 and 5).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fluhr et al. (US 2009/0229454) in view of Sutter (US 1431059), Young (US 2016/0076836), Reinken (US 2013/0098235), and Robinson et al. (US 2020/0033084) as applied to claim 1 and in view of McGloin (US 2017/0307315), herein ‘McGloin’.
Regarding claim 9, the modified Fluhr discloses wherein, in a direction substantially perpendicular to a center line of the bore and to a center line of the first passage (Figs. 1-6; the direction being oriented substantially vertical), the first passage is positioned below the channel (Figs. 1-6) and the bore is positioned below the second passage (Fig. 6), but does not expressly teach that the second passage is positioned below the first passage.
McGloin further teaches an embodiment where indentations (125) may be positioned on any side of the inserts (111), including on the bottom side (par. 26; last 5 lines), which would inherently require the second passage (137) housing the locking mechanism (131) to be positioned below the first passage (123) and above the bore (103) in order for the locking mechanism (131) to engage the indentations (125).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to reposition the indentations of the modified Fluhr and to relocate the second passage below the first passage and above the bore as taught by McGloin with a reasonable expectation of success, since it has been held that rearranging the parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Claim(s) 14-15 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fluhr et al. (US 2009/0229454), and further in view of Sutter (US 1431059), Reinken (US 2013/0098235), and Robinson et al. (US 2020/0033084).
Regarding claims 14 and 19, Fluhr discloses a firearm (100), comprising:
a receiver (par. 21) and a barrel (1), the barrel comprising a barrel opening (8);
a gas block (3) having a first end (Fig. 1; left end) and a second end (Fig. 1; right end), where the first end is disposed closer to a muzzle (2) of the barrel, the gas block comprising:
a bore (Figs. 1-2; portion of collar 18 engaging exterior surface 208 of barrel 1) removably attached to the barrel (par. 18);
a channel (14) defined by an elongate member (16) that is substantially parallel to the bore (Figs. 1-2), and wherein the elongate member comprising a second end (rod; par. 21) opposite the first end, wherein the second end is closer to the receiver than the first end is to the receiver (par. 21); and
a first passage (32) substantially perpendicular to the bore (Figs. 1-2 and 5), the first passage comprising a first opening (Figs. 1-2 and 5; lower opening of passage 32 between the portion of gas channel 10 between aperture 32 and tap bore 8) and a second opening (Figs. 1-2 and 5; upper opening of passage 32 between the portion of gas channel 10 between aperture 32 and chamber 14), the second opening substantially aligned with the barrel opening and configured to allow gas to travel from the passage toward the channel (Figs. 1-2 and 5; par. 19);
a second passage (49) communicating with and substantially perpendicular to the first passage (Fig. 6; par. 32) and configured to receive a locking member (46) configured to be removably received by the second passage (Fig. 6; par. 32), and where the locking member comprises a substantially planar end (66; Fig. 6); and
a plurality of inserts (30; par. 36; “a marksman may have a plurality of different flow control apparatus 30 each having a borehole having a different cross-sectional flow area… different flow control apparatus 30 having different cross-sectional flow areas may be interchanged in the aperture 32”), each insert configured to be rotatable within the gas block and removably received by the first passage non-simultaneously (par. 36 and 39-40) and comprising:
an alignment indicator (36-40; Fig. 3) disposed on an exterior surface (302; Fig. 3) and configured to indicate a proper rotational alignment with respect to the first passage (par. 30, 44);
a first insert opening (Fig. 2; 10a and 216 positioned below borehole 10b) configured to allow gas to travel from the bore into the insert (par. 25); and
a second insert opening (Fig. 2; opening 216 of borehole 10a which is positioned above borehole 10b) disposed opposite the first insert opening (Fig. 2) and configured to allow gas to travel out of the insert and toward the channel while the insert is received by the passage (par. 25);
a single connecting channel (10a; par. 36) that is substantially linear and fluidly connects the first insert opening with the second insert opening (10a; Fig. 5; par. 25); and
a planar surface (62 or 64; Figs. 6-7) configured to engage the substantially planar end of the locking member (Fig. 6; par. 34).
Fluhr does not expressly teach wherein the locking member is a set screw.
Sutter teaches a gas regulating system (title) comprising a gas block (E) with an insert (F) rotatable within a slot (eo) in the gas block (page 1 lines 88-93) and a locking member (G) in the form of a set screw (Figs. 2-4; page 1 lines 107-108) which directly engages the insert when the insert is properly adjusted (Fig. 4; page 2 lines 5-7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the locking member of Fluhr with a set screw as taught by Sutter with a reasonable expectation of success in order to enable a user to removably secure the insert within the gas block with a continuous gas-tight connection (Sutter; page 2 lines 5-15).
Fluhr also does not expressly teach wherein the elongate member is secured to the gas block at a first end by a pin that is received into a pin passage, and where the first passage is disposed between the pin passage and the second end of the gas block.
Reinken teaches a gas block (1) for a firearm (40), the gas block having a first end (Fig. 1; distal end) and a second end (Fig. 1; proximal end), where the first end is disposed closer to a muzzle (58; Fig. 1) of the firearm, a longitudinal channel (24) defined by an elongate member (44) secured to the gas block (par. 74) at a first end (Fig. 17; distal end) by a pin (54) that is received into a pin passage (Figs. 17 and 23; opening into which pin 54 is positioned), a first passage (21-22) perpendicular to the channel (Figs. 9-15) which is disposed between the pin passage and the second end of the gas block (Figs. 1 and 8), and a gas regulator (10) inserted into the first passage (par. 85; Figs. 8-15).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the first end of the elongate member of the modified Fluhr to be secured to the gas block by a pin received into a pin passage positioned such that the first passage is disposed between the pin passage and the second end of the gas block as taught by Reinken with a reasonable expectation of success in order to secure the elongate member to the gas block (Reinken; par. 74) with parts and a method of attachment which is well-known in the prior art (Reinken; par. 82).
Fluhr further discloses wherein the barrel has at least one alignment socket formed on an exterior surface of the barrel (Figs. 1-4 and 6; par. 22) and wherein the gas block has an opening (Figs. 1-4 and 6; par. 22) for receiving a fastener (22) configured to engage the opening and the at least one alignment socket to position the gas block with reference to the barrel (Figs. 1-4 and 6; par. 22), but does not expressly teach wherein the at least one alignment socket extends radially inward.
Robinson teaches a gas regulating system (24) comprising a gas block (25) with a bore (35) configured to receive a barrel (16) of a firearm (10), wherein the barrel has at least one alignment socket formed on an exterior surface thereof that extends radially inward (Figs. 4-7, 9-10, and 14; par. 48; set screws 36 are shown to extend radially inward and are described as engaging a corresponding dimple formed in the barrel), and wherein the gas block has an opening (Figs. 4-7, 9-10, and 14; opening in lower surface of gas block 25 through which set screws 36 extend) for receiving a fastener (36) configured to engage the opening and the at least one alignment socket to position the gas block with reference to the barrel (Figs. 4-7, 9-10, and 14; par. 48).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the horizontal alignment pins of the modified Fluhr with the radially oriented fasteners as taught by Robinson with a reasonable expectation of success in order to secure and properly position the gas block on the barrel (Robinson; par. 48).
Regarding claim 15, the modified Fluhr discloses wherein the second end of the elongate member is configured to be received by the receiver (par. 21).
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Fluhr et al. (US 2009/0229454) in view of Sutter (US 1431059), Reinken (US 2013/0098235), and Robinson et al. (US 2020/0033084) as applied to claim 14 above, and further in view of Young (US 2016/0076836).
Regarding claims 16-17, the modified Fluhr does not expressly teach that each of the plurality of inserts comprises two or more non-numeric visual indicators indicating a size of the second insert opening.
Young teaches a gas regulating system (Figs. 1-5) for adjusting gas flow during operation of a firearm (par. 21), the system comprising a passage (20) and a plurality of inserts (40; Fig. 4; par. 23), wherein each of the inserts has a gas hole (44) with a different diameter (Fig. 4; par. 23), wherein each of the inserts is selectively inserted into the passage to adjust the flow of gas through the insert (par. 23), and wherein each of the inserts comprises a number of non-numeric visual indicators (50) on an exterior surface thereof indicating a diameter of the gas hole of the insert (claim 18; par. 23).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide each of the plurality of inserts of the modified Fluhr with non-numeric visual indicators indicating the size of the second insert opening as taught by Young with a reasonable expectation of success in order to enable a user to distinguish between the inserts, even in the dark (Young; par. 23).
Additionally, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the non-numeric visual indicator of the modified Fluhr to comprise two or more non-numeric visual indicators with a reasonable expectation of success, 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. vs. Bemis Co., 193 USPQ 8.
Conclusion
Claims 1-4, 6, 9, 11-17, and 19 are rejected. Claims 5, 7-8, 10, 18, and 20 are cancelled.
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/Troy Chambers/Supervisory Patent Examiner, Art Unit 3641
/BENJAMIN S. GOMBERG/
Examiner
Art Unit 3641
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