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 .
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, a safing sector cover including a locking shelf must be shown or the feature(s) canceled from the claim(s). The locking shelf (1110) is part of the safing sector slide member (130), e.g., paragraph 23 (also see figures 8-10, the locking shelf 1110 is part of safing sector slide member 130, NOT part of safing sector cover 120). 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 Objections
Claims 3 and 8 are objected to because of the following informalities:
Claim 3, line 1: the term “movable arm” should read “locking arm”.
Claim 8, line 1: the term “movable arm” should read “locking arm”.
Appropriate correction is required.
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 1-10 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.
In reference to claim 1, the claim requires that the safing sector comprises both “a safing sector cover…including a locking shelf” and “a safing sector slide member.” However, looking at the drawings, it is clear that locking shelf (1110) is part of the safing sector slide member (130). Further confusing the matter, the specification recites both “the locking shelf of the safing sector cover” (at least para. 4) and “the locking shelf of the safing sector slide member” (at least para. 23).
Does Applicant intend for there to be two different locking shelves? Is the safing sector slide member considered part of the safing sector cover? The claim language is confusing at best, and the metes and bounds thereof are unclear. For purposes of examination, the examiner will consider the claim as requiring a locking shelf that is either one of a part of the safing sector cover or the safing sector slide member. It is strongly suggested that Applicant amend claim 1 to recite “a safing sector slide member…including a locking shelf,” in lieu of “a safing sector cover…including a locking shelf.” Further, the limitation “the locking shelf of the safing sector cover,” found in claims 2, 4, 6, 7, and 9, should be changed to read “the locking shelf of the safing sector slide member.” Correction and/or clarification are required.
In reference to claims 3 and 8, the term “install/uninstall” is considered indefinite, since it is unclear what effect the slash mark is intended to have upon the term. Further, the specification fails to provide any guidance as to the meaning this term, or the metes and bounds thereof. For purposes of examination, the examiner will consider said term as reading “install and uninstall.” Correction and/or clarification are required.
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.
Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Garwood (11441864).
In reference to claim 1, Garwood discloses a safing sector for a minigun including a housing with an opening adjacent to barrels of the minigun, comprising:
a safing sector cover (120) configured to cover the opening of the housing of the minigun and including a locking shelf (470+500);
one or more retaining pin assemblies (150) configured to retain the cover to the housing of the minigun;
a safing sector slide member (130) configured to slide forward and rearward relative to the safing sector cover;
a safing sector slide control mechanism (140) configured to impart the forward and rearward sliding movement of the safing sector slide member relative to the safing sector cover between at least a fire position and a safe position, where the barrels of the minigun may be rotated electrically without firing and without bolt assemblies becoming damaged, the safing sector slide control mechanism includes a locking arm (520) configured to impart forward and rearward sliding movement of the safing sector slide member relative to the safing sector cover, and a locking mechanism (620) pivotally coupled to the locking arm and including a locking mechanism shelf stop (680) to engage the locking shelf of the safing sector cover to lock the locking arm and the safing sector slide member in the fire position (figures 1A-3D).
In reference to claim 2, Garwood discloses the claimed invention (figure 4: the portion of locking arm 520 that defines holes 600 is the pivoting base; the portion of end 640 of locking mechanism 620 that defines hole 670 is the base pivotally coupled to the pivoting base; figures 1A-1D show the fire position; figures 2A-2D show the safe position).
In reference to claim 3, Garwood discloses the claimed invention (figures 1A-1D show a fire position, figures 2A-2D show a safe position, and figures 3A-3D show an install and uninstall position).
In reference to claim 4, Garwood discloses the claimed invention (spring 660).
In reference to claim 5, Garwood discloses the claimed invention (knobs 860).
In reference to claim 6, Garwood discloses the claimed invention, as set forth above in the reference to claim 1 (also see column 5, lines 13-57).
In reference to claim 7, Garwood discloses the claimed invention, as set forth above in the references to claims 1 and 2 (also see column 5, lines 13-57).
In reference to claim 8, Garwood discloses the claimed invention, as set forth above in the references to claims 1-3 (also see paragraph bridging columns 5-6).
In reference to claim 9, Garwood discloses the claimed invention, as set forth above in the reference to claim 4 (also see column 5, lines 13-57).
In reference to claim 10, Garwood discloses the claimed invention, as set forth above in the reference to claim 5 (paragraph bridging columns 4-5).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: see attached Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GABRIEL J KLEIN whose telephone number is (571)272-8229. The examiner can normally be reached 11:30am-8pm.
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, Troy Chambers can be reached at 571-272-6874. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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GABRIEL J. KLEIN
Examiner
Art Unit 3641
/Gabriel J. Klein/Primary Examiner, Art Unit 3641