DETAILED ACTION
In the Final Rejection mailed 5/5/2025:
Claims 1-20 were rejected.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/30/2025 has been entered.
Response to Amendment
The amendment to the claims filed 10/30/2025 has been entered:
Claims 21-30 are new.
Claims 1-30 are active.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-30 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.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 7/22/2025 and 10/30/2025 were filed after the mailing date of the Final Rejection on 5/5/2025. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered.
Claim Objections
Claim(s) 6-7, 22-23, 25, and 30 is/are objected to because of the following informalities:
Regarding claim 6, the colon (“:”) in line 6 should be replaced with a semicolon (“;”).
Regarding claim 7, the word “locating” in line 4 should be deleted.
Regarding claim 22, the word “where” should be inserted before “the first part” in line 1; and the word “part” should be inserted after “first” in line 3.
Regarding claim 23, the colon (“:”) in line 3 should be replaced with a semicolon (“;”); and the word “wherein” should be inserted at the beginning of line 4.
Regarding claim 25, the word “optic” should be deleted from line 3.
Regarding claim 30, “is body” in line 3 should say “of the body”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claim(s) 14 and 20 is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 14, there is no support in the specification for the adapter being installable onto the optic assembly mount and subsequently removable therefrom using not more than one tool as recited in lines 3-4. Nowhere in the specification is this limitation described, and a tool is generally broad enough so as to constitute nearly any device or implement, including fasteners or even a person’s hand.
Regarding claim 20, there is no support in the specification for the first part being installable onto the optic assembly mount and subsequently removable therefrom using not more than one tool modality as recited in lines 1-3. Nowhere in the specification is this limitation described in sufficient detail so as to satisfy the written description requirement, especially given that the word tool is generally very broad, as described above.
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.
Claim(s) 18, 20, and 25-30 is/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.
Regarding claim 18, the limitation “secured to one another using only a single additional part, or only a single type of additional part” in lines 2-3 is unclear as claimed. It is unclear what component of the invention the “single additional part” refers to. It is also unclear what the metes and bounds are of the limitation “a single type of additional part”. What are the types of additional parts? Groupings or classifications of the various components which would constitute a “type” of a part could be seemingly limitless. Clarification is required.
Regarding claim 20, the phrase “such [as]” in line 3 renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 25 recites the limitation “a direct-mount optic sight” in line 5. There is insufficient antecedent basis for this limitation in the claim because it is unclear whether the direct-mount optic sight refers to the previously claimed optic sight, or was intended as a further limitation.
Claim 26 recites the limitation “the receiving body” in line 5. There is insufficient antecedent basis for this limitation in the claim because “a receiving body” was not previously claimed.
Further regarding claim 26, the metes and bounds of the limitation “a retention system” in line 2 are unclear, thereby rendering the claim indefinite. It is unclear from the claims and the specification what component of the invention the retention system refers to. Clarification is required.
Further regarding claim 26, the limitation “operable responsive to rotatably driving a same threaded length into the body of the firearm” in line 8 is unclear as claimed. How can “more than one way of interconnectability” be operably responsive? What is the threaded length and what is the threaded length the same as? Clarification is required.
Claim 27 recites the limitation “the body of the slide” in line 2. There is insufficient antecedent basis for this limitation in the claim because a body of an optic system and a body of a firearm were previously claimed, but a body of a slide was not.
Claim 28 recites the limitations “the body of the slide” in line 2, “the optic assembly” in line 4, “the at least one part” in lines 4-5, and “the at least one drive section” in line 5. There is insufficient antecedent basis for these limitations in the claim because a body of a slide, an optic assembly, at least one part, and at least one drive section, respectively, were not previously recited in the claims.
Claim 29 recites the limitations “the body of the slide” in line 2 and “the at least one opening” in line 4. There is insufficient antecedent basis for these limitations in the claim because a body of a slide and at least one opening, respectively, were not previously recited in the claims.
Claim 30 recites the limitations “the assembled state” in lines 2-3, “the assembly state” in lines 3-4, and “the drive section” in line 5. There is insufficient antecedent basis for these limitations in the claim because an assembled state, an assembly state, and a drive section, respectively, were not previously recited in the claims.
In light of the above issues, the claims were examined only as their scope was best understood by the examiner.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-5, 11-22, and 25-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baumann et al. (US 6318015), herein ‘Baumann’.
Regarding claim 1, Baumann discloses an apparatus (Figs. 1-2), comprising:
an optic assembly mount (11-12, 16-19) on a part (2) of a firearm assembly (col. 1 lines 12-13), the optic assembly mount arranged to receive a first part (3), wherein the first part comprises an adapter for an optic sight (col. 2 lines 59-60: “collimator holder”) or the optic sight, wherein the optic assembly mount includes:
1) an undercut (11-12, 17-19; col. 3 lines 10-15) or 2) a projection to mate with the undercut;
wherein an underside of the first part includes the other of the undercut and the projection (5-8; Fig. 1; col. 2 line 67 – col. 3 line 3); and
wherein the apparatus further comprises a second rotatably drivable part (14 and/or 20; col. 3 lines 40-44), the second rotatably drivable part including terminal ends (Fig. 1; head of screw 20 and outer face of block 14) and a length (14a-14b) between the terminal ends (Fig. 1);
a portion (14a-14b) of the length of the second rotatably drivable part to urge the first part, relative to the optic assembly mount, in a direction that is not perpendicular to a bore axis (4) of a barrel (1) of the firearm assembly, to interlock the undercut and the projection (col. 3 lines 40-49).
Regarding claim 2, Baumann discloses wherein the second rotatably drivable part comprises a tapered head (14a-14b), wherein the portion of the length comprises a portion of a side of the tapered head (Fig. 1).
Regarding claim 3, Baumann discloses wherein the undercut comprises a dovetail (Fig. 1; col. 3 lines 10-15).
Regarding claim 4, Baumann discloses wherein the projection includes one or more projections (5-6) to drop into one or more recesses defined by the undercut (Fig. 1; col. 3 lines 27-32).
Regarding claim 5, Baumann discloses wherein the first part is releasably attached to the optic assembly mount with only a single threaded part (20), and wherein the second rotatably drivable part comprises the single threaded part (col. 3 lines 40-44; also, when second screw 22 is removed, wedge 14 is releasably attached to sled 3 only by screw 20).
Regarding claim 11, Baumann discloses an apparatus (Figs. 1-2), comprising:
an optic assembly mount (11-12, 16-19) on a part (2) of a firearm assembly (col. 1 lines 12-13), the optic assembly mount arranged to receive a first part (3), wherein the first part comprises an adapter for an optic sight (col. 2 lines 59-60: “collimator holder”) or the optic sight, wherein the optic assembly mount includes:
1) an undercut (11-12, 17-19; col. 3 lines 10-15) or 2) a projection to mate with the undercut; and
wherein the first part includes the other of the undercut and projection (5-8; Fig. 1; col. 2 line 67 – col. 3 line 3); and
wherein the apparatus further comprises a second part (14 and/or 20; col. 3 lines 40-44), the second part insertable into an opening (16) in the optic assembly mount (Fig. 3; col. 3 lines 37-39);
a portion (14a-14b) of the second part to contact a surface (9) of the first part to urge the first part, relative to the optic assembly mount, in a direction that is not perpendicular to a bore axis (4) of the firearm assembly, to interlock the projection and the undercut (col. 3 lines 40-49).
Regarding claim 12, Baumann discloses wherein the undercut comprises a self-centering undercut, the self-centering undercut to laterally center the first part relative to the optic assembly mount (col. 3 lines 4-15).
Regarding claim 13, Baumann discloses wherein the second part comprises terminal ends (Fig. 1; terminal ends being the outward face of wedge 14 and the face of wedge 14 into which screw 20 is threaded) and a length (Fig. 1; 14a-14b), wherein the portion of the second part comprises a portion of the length of the second part (Fig. 1; col. 3 lines 40-49).
Regarding claim 14, Baumann discloses wherein the first part comprises the adapter (3);
wherein the second part comprises a rotatably driven part (col. 3 lines 40-44); and
wherein the adapter is installable onto the optic assembly mount, and subsequently removable therefrom, using not more than one tool (Figs. 1-2; col. 3 lines 40-44); and
wherein the adapter is subsequently removable from the optic assembly mount, using the not more than one tool, while the optic sight is attached to the adapter (Figs. 1-2).
Regarding claim 15, Baumann discloses wherein the second part comprises a tapered head (14a-14b), wherein the portion of the second part comprises a portion of the tapered head (Fig. 1).
Regarding claim 16, Baumann discloses wherein the undercut comprises a dovetail (Fig. 1; col. 3 lines 10-15).
Regarding claim 17, Baumann discloses wherein the projection includes one or more projections (5-6) to drop into one or more recesses defined by the undercut (Fig. 1; col. 3 lines 27-32).
Regarding claim 18, Baumann discloses wherein the first part and second part are secured to one another using only a single additional part, or only a single type of additional part (Figs. 1-2; screws 20, 22).
Regarding claim 19, Baumann discloses wherein the undercut comprises a self-centering undercut, the self-centering undercut to laterally center the first part relative to the optic assembly mount (col. 3 lines 4-15).
Regarding claim 20, Baumann discloses wherein the first part is installable onto the optic assembly mount (Fig. 2), and subsequently removable therefrom (Fig. 1), using not more than one tool modality (Figs. 1-2; screws 20, 22).
Regarding claim 21, Baumann discloses wherein a bottom of the first part, covered by the optic assembly mount when the first part is installed on the optic assembly mount (6, 8; Fig. 2), is located rearwardly of a fastener opening (9) in the first part;
wherein the installed first part is removable by loosening a single fastener (14 and/or 20) in the fastener opening (col. 3 lines 40-44; also, when second screw 22 is removed, wedge 14 is releasably attached to sled 3 only by screw 20); and
wherein the single fastener comprises the second rotatably drivable part (14 and/or 20).
Regarding claim 22, Baumann discloses wherein the first part includes the adapter and the optic sight (Figs. 1-2; col. 1 lines 13-16);
wherein a drive section (20) of the second rotatably drivable part is accessible at a time that the first part is secured to the part of the firearm assembly, with the optic sight secured to the adapter (Fig. 2; col. 3 lines 40-44); and
wherein at said time, the first part is removable while the optic sight remains secured to the adapter, by operating the drive section (Fig. 1; col. 3 lines 40-44).
Regarding claim 25, Baumann discloses wherein:
1) the first part comprises an optic assembly including the optic sight secured to the adapter (Figs. 1-2; col. 1 lines 13-16), wherein a drive section (20) of the second part is accessible while the optic sight remains secured to the optic adapter (Fig. 2; col. 3 lines 40-44), or
2) the first part comprises the optic assembly or the optic sight which comprises a direct-mount optic sight, and:
a) the second part comprises a single part or is removable using a single drive interface, or
b) the second part is installable into a single opening of the part of the firearm assembly.
Regarding claim 26, Baumann discloses an apparatus (Figs. 1-2), comprising:
a firearm assembly (col. 1 lines 12-13) including a retention system (Figs. 1-2; 14, 20, and/or 22) and bodies interconnectable, in more than one way, using the retention system;
the bodies including a body of an optic system (3; Figs. 1-2), and a body of a firearm (1; Figs. 1-2) to receive the body of the optic system (Fig. 2), the body of the optic system configured to mount to the body of the firearm with a linearly sliding movement (col. 3 lines 27-37), to engage a projection (5-8; Fig. 1; col. 2 line 67 – col. 3 line 3) of one of the bodies with an undercut (11-12, 17-19; col. 3 lines 10-15) of the other of the bodies (col. 3 lines 27-37); and
wherein the bodies are interconnectable in responsive to rotatably driving a threaded length (20) of the retention system into the body of the firearm (col. 3 lines 40-44).
Regarding claim 27, Baumann discloses wherein the firearm assembly is in an assembled state when the body of the optic system is secured to the body of the firearm (Fig. 2);
wherein the firearm assembly is in another state when the body of the optic system is not secured to the body of the firearm (Fig. 1);
wherein the optic system comprises an optic assembly including an optic sight secured to an optic adapter (Figs. 1-2; col. 1 lines 13-16); and
wherein the retention system is configured to remove the optic assembly from the firearm assembly while the optic sight remains secured to the optic adapter (Fig. 2; col. 3 lines 40-44).
Regarding claim 28, Baumann discloses wherein the firearm assembly is in an assembled state when the body of the optic system is secured to the body of the firearm (Fig. 2);
wherein the firearm assembly is in another state when the body of the optic system is not secured to the body of the firearm (Fig. 1); and
wherein the optic system comprises a direct-mount optic sight or an optic sight secured to an optic adapter (Figs. 1-2; col. 1 lines 13-16).
Regarding claim 29, Baumann discloses wherein the firearm assembly is in an assembled state when the body of the optic system is secured to the body of the firearm (Fig. 2);
wherein the firearm assembly is in another state when the body of the optic system is not secured to the body of the firearm (Fig. 1); and
wherein the body of the firearm comprises a single opening (16) therein (Fig. 1).
Regarding claim 30, Baumann discloses wherein an area of an exterior of the body of the firearm is covered by the body of the optic system when the firearm assembly is in an assembled state (Fig. 2; at least component 19, e.g., is covered by sled 3 when the firearm assembly is assembled);
wherein another area of the exterior of the body of the firearm is exposed when the firearm assembly is in the assembled state (Fig. 2; muzzle 2, for example, is an exterior area of the firearm body 1 which is exposed when the firearm assembly is assembled).
Claim(s) 6, 10, and 23-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Roth (US 2022/0268553), herein ‘Roth’.
Regarding claim 6, Roth discloses an apparatus (Figs. 16-21) comprising:
an optic assembly mount (210, 222-224, 320-324; Fig. 16) on a part a firearm assembly (200), the optic assembly mount arranged to receive a first part (10, 400), the first part comprising an adapter (10) for an optic sight (400), the optic assembly mount including:
an opening (222/322 and/or 224/324) to receive a second part (522 and/or 524) including a threaded section and a non-threaded section (Fig. 21);
wherein the non-threaded section comprises:
a tapered head (Fig. 21; portion of component 522 and/or 524 adjacent countersunk region 23 and/or 25, respectively), or
a non-threaded shoulder (Fig. 21; portion of component 522 and/or 524 adjacent hole 22 and/or 24, respectively) to extend through the first part and into a surface of the optic assembly mount (Fig. 21), and
wherein the opening to receive the second part includes:
a threaded hole (222 and/or 224; Fig. 21) to mate with the threaded section (Fig. 21; par. 105); and
an opening (322 and/or 324; Fig. 21) located above the threaded hole (Figs. 16 and 21); and
wherein the second part and the opening located above the threaded hole are configured to drive the first part relative to the optic assembly mount in a direction that is not parallel with a drive axis of the second part (Fig. 21; via the spacing between components 522 and/or 524 and holes 22 and/or 24, respectively, and between components 522 and/or 524 and tapered portions 23 and/or 25, respectively) the opening located above the threaded hole:
alignable with a tapered opening (22 and/or 24; Figs. 16 and 21; par. 15) in the first part to receive the tapered head (Fig. 21), or
arranged to slip fit with the non-threaded shoulder to align a center axis of the second part with a center axis of the opening to receive the second part.
Regarding claim 10, Roth discloses wherein the first part is releasably attached to the optic assembly mount with only a single threaded fastener (Fig. 21; 522 or 524), and wherein the second part comprises the single threaded fastener (522 or 524).
Regarding claim 23, Roth discloses wherein a bottom of the first part is covered by the optic assembly mount when the first part is installed on the optic assembly mount (Fig. 17; the bottom surface of first part 10 is covered by the optic assembly mount 210, 222-224, 320-324) and is located rearwardly of a retainer opening (Fig. 17; the proximal portion of first part 10 is shown to be proximal of opening 222/322);
wherein the part of the firearm assembly is configured to release the first part from the firearm assembly in response to loosening a single retainer (522) from the retainer opening (222/322), or removing the single retainer from the firearm assembly; and
wherein the single retainer comprises the second part (522) and the retainer opening comprises the opening (222/322) to receive the second part.
Regarding claim 24, Roth discloses wherein the part of the firearm assembly is configured to release the first part from the firearm assembly by operating a single drive section of the second part (Fig. 21; threaded portion of screw 522 and/or 524).
Allowable Subject Matter
Claim(s) 7-9 is/are 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.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art neither discloses, nor provides a teaching of obviousness, for an apparatus, comprising: an optic assembly mount on a part of a firearm assembly, the optic assembly mount arranged to receive a first part, the first part comprising an adapter for an optic sight or the optic sight, wherein the optic assembly mount includes: an opening to receive a second part, the second part including a threaded section and a non-threaded section; wherein the non-threaded section comprises: a tapered head, or a non-threaded shoulder to extend through the first part and into a surface of the optic assembly mount, and wherein the opening to receive the second part includes: a threaded hole to mate with the threaded section; and an opening located above the threaded hole; and wherein the second part and the opening located above the threaded hole are configured to drive the first part relative to the optic assembly mount, in a direction that is not parallel with a drive axis of the second part, the opening located above the threaded hole: alignable with a tapered opening in the first part, the tapered opening to receive the tapered head, or arranged to slip fit with the non-threaded shoulder to align a center axis of the second part with a center axis of the opening to receive the second part; wherein the optic assembly mount includes 1) an undercut or 2) a projection to mate with the undercut, and an underside of the first part includes the other of the undercut and the projection; the tapered head to urge the first part relative to the optic assembly mount in a direction that is not perpendicular to a bore axis of a barrel of the firearm assembly to interlock the projection and the undercut, as required by claim 7.
Conclusion
Claims 1-6 and 10-30 are rejected. Claims 7-9 are objected to.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN S GOMBERG whose telephone number is (571)272-4802. The examiner can normally be reached Monday - Friday 8:30 AM - 5:00 PM EST.
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/Troy Chambers/Supervisory Patent Examiner, Art Unit 3641
/BENJAMIN S. GOMBERG/
Examiner
Art Unit 3641