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 . This action is in response to Application #18/412,166 and response filed on 14 August 2025.
Election/Restrictions
Applicant’s election without traverse of Species “a”, figures 1-10D in the reply filed on 14 August 2025 is acknowledged.
After a review of the elected figures, it appears that some limitations of claims 1 and 12 do not comply with the elected embodiment. “The mechanical rear sight…is integrally formed with the optic sight” appears to be shown in the embodiment of figures 16a-16c, and 18a-18c. Further the limitation “…comprises a modular mechanical rear sight to fit into a slot or other opening of the firearm assembly or the optic sight…” The underlined portion appears to be found in embodiments of figures 14a-14c, 17a-17d, and 19a-19e. Those limitations of claim 1 will not be examined on the merits.
Claim 2 appears to be drawn to an unelected invention and will be withdrawn from examination.
A portion of claim 4 does not appear to be encompassed in elected species “a”; “…wherein the slot or other opening is defined by the optic plate or other optic mounting adapter”, this appears to be encompassed by Figure 11.
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 (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 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.
Claim(s) 1, 3-6, 11-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Application Publication 2021/0231407 to Salinas.
Regarding Claim 1, Salinas discloses an apparatus including an optic sight including an emitter (fig.13) or usable with an optic sight, the apparatus comprising
a mechanical rear sight (fig.13, 1399);
the mechanical rear sight comprises a modular mechanical rear sight to fit into a slot or other opening of the firearm assembly (fig.13, at least paragraph 130 discloses the rear sight 1399 is releasably coupled to the optic guard) and a rearmost part of the rear mechanical sight is positioned in front of a front-most light transmissive surface of the optic sight (fig.13).
Regarding Claim 3, Salinas discloses the assembly includes an optic guard frame to protect the optic sight, and the slot or opening is defined by the optic guard frame (see fig.13, and paragraph 130).
Regarding Claim 4, Salinas discloses the firearm assembly includes an optic plate or other optic mounting adapter on which the optic sight is mountable (fig.14a, 1410).
Regarding Claim 5, Salinas discloses the firearm assembly includes an optic sight mount device (fig.14a, 1410/1415), and the slot or opening is defined by the optic sight mount device (defined by the portion 1415, substantially the same structure as in figure 13).
Regarding Claim 6, see fig.13.
Regarding Claim 11, Salinas discloses the optic sight (see figures 12, 13, 14c, 14d), a flexing member (1205, 1399 (same structure used in different mounting embodiments), and a gap between a back of the flexing member and the framing (see at least paragraph 126).
Regarding Claim 12, Salinas discloses an apparatus including an optic sight including an emitter (fig.13) or usable with an optic sight, the apparatus comprising
a mechanical rear sight (fig.13, 1399) wherein;
the mechanical rear sight comprises a modular mechanical rear sight to fit into a slot or other opening of the firearm assembly (fig.13, at least paragraph 130 discloses the rear sight 1399 is releasably coupled to the optic guard) and a rearmost part of the rear mechanical sight is positioned in front of a front-most light transmissive surface of the optic sight (fig.13).
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) 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 2021/0231407 to Salinas.
Regarding Claims 7-9, Salinas discloses the apparatus of claim 1, but does not specifically disclose how the modular mechanical sight is engaged with the optic guard and the fastener is non-parallel with a vertical axis of the sight.
However, Salinas discloses a threaded fastener into a hole in the firearm slide in the embodiment of fig.13. Further, Salinas discloses the rear sight may be removably mounted within the optic guard (at least paragraph 130). The specific removable mounting assembly is not shown, however, selecting one of a finite number of mounting techniques known in the art would have been an obvious engineering design choice to one having ordinary skill with a reasonable expectation of success.
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 2021/0231407 to Salinas in view of US Patent Application Publication 2020/0200507 to Curry.
Regarding Claim 10, Salinas discloses the apparatus of claim 1, but does not specifically disclose the representation of the rear mechanical sight is: formed on a light transmissive surface of an optic element of the optic sight, and is usable together with a front mechanical sight of the firearm assembly.
However, Curry teaches an optic sight having rear sight indicia on a light transmissive surface of the sight (see at least paragraph 19) usable with front sight of a firearm (fig.6, 48). It would have been obvious to one having ordinary skill to incorporate this teaching into the optic sight of Salinas as to provide a mechanical rear sight representation even if the optic sight is powered off for the user to maintain the ability to sight the firearm at all times.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see attached PTO-892 for pertinent art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN D COOPER whose telephone number is (571)270-3998. The examiner can normally be reached M-F: 7:30 - 4:30 MST.
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/JOHN COOPER/Primary Examiner, Art Unit 3641