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 .
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 1-8 and 11-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sauer (1062121).
In reference to claim 1, Sauer discloses a firearm comprising:
a frame defining a trigger opening (with trigger 1 therein) and a magazine well (with a magazine therein in figures 2 and 3, the magazine well formed in the handle of the frame); and
a trigger assembly extending at least partially through the trigger opening, the trigger assembly coupled to the frame, the trigger assembly movable relative to the frame between a forward position and a rearward position, the trigger assembly comprising:
a trigger (1);
a trigger safety (4) movable relative to the trigger between an engaged safety position and a disengaged safety position (figure 1 shows engaged, figure 3 shows disengaged), the trigger safety interfering with the frame and preventing the trigger assembly from moving to the rearward position when the trigger safety is in the engaged safety position (figure 1, trigger safety 4 interferes with the frame via pivot 2), the trigger assembly being movable to the rearward position when the trigger safety is in the disengaged safety position (figure 3); and
a magazine disconnect (elements 3 and 7 collectively form the magazine disconnect) extending at least partially into the magazine well (element 3), the magazine disconnect being movable relative to the trigger between an engaged disconnect position and a disengaged disconnect position (figure 1 shows engaged disconnect position), the magazine disconnect blocking the trigger safety from rotating from the engaged safety position to the disengaged safety position when the magazine disconnect is in the engaged disconnect position (figure 1; page 2, lines 59-72), the trigger safety being movable from the engaged safety position to the disengaged safety position when the magazine disconnect is in the disengaged disconnect position (figure 3); and
wherein the firearm is configured to discharge when the trigger assembly is repositioned from the forward position to the rearward position (as would be at once envisaged by a person of ordinary skill in the art).
In reference to claim 2, Sauer discloses the claimed invention (figure 3: magazine disconnect portion 3 is in contact with a magazine; magazine disconnect is the disengaged disconnect position).
In reference 3, Sauer discloses the claimed invention (figures 1-3, a person of ordinary skill in the art would at once envisage that the small circle at the top of trigger 1 is a trigger pivot, and the trigger rotates about said pivot between its forward and rearward positions).
In reference to claim 4, Sauer discloses the claimed invention (figures 1-3, the trigger safety pin 2 couples the trigger safety 4 to the trigger via the frame and the trigger safety pin’s positioning of the trigger safety).
In reference to claim 5, Sauer discloses the claimed invention (figures 1-3, pin 2 can be considered the magazine disconnect pin, which couples the magazine disconnect portion 3 to the trigger via the trigger safety 4).
In reference 6, Sauer discloses wherein: the trigger safety defines a blocking end configured to interfere with the frame when the trigger safety is in the engaged safety position (figures 1-3, the blocking end of trigger safety 4 is engaged with element 1a, said blocking end interferes with the frame via the remainder of the trigger safety and pin 2); the magazine disconnect defines a blocking leg (element 7a); the blocking leg contacts the blocking end of the trigger safety when the magazine disconnect is in the engaged disconnect position and the trigger safety is in the engaged safety position to prevent the trigger safety from moving to the disengaged safety position (figures 1 and 2); and the blocking leg moves out of contact with the blocking end when the magazine disconnect is in the disengaged disconnect position (figure 3; page 1, lines 82-89).
In reference to claim 7, Sauer discloses the claimed invention (first biasing member 6, second biasing member 5).
In reference to claim 8, Sauer discloses a trigger assembly comprising:
a trigger (1);
a trigger safety (4) defining a user engagement end and a blocking end (user engagement end is the left-hand side of element 4, in contact with spring 5, which is engaged by a user via the manual insertion of a magazine into the magazine well; the blocking end is the tip of element 4 in contact with element 1a in figures 1 and 2), the trigger safety coupled to the trigger by a trigger safety pin (2), the trigger safety rotatable about the trigger safety pin between an engaged safety position and a disengaged safety position (figure 1 is a engaged position, figure 3 is the disengaged position); and
a magazine disconnect (combination of elements 3 and 7) defining a magazine engagement leg (3) and a blocking leg (7a), the magazine disconnect coupled to the trigger by a magazine disconnect pin (pin 2 can also be considered the magazine disconnect pin, which couples the magazine disconnect portion 3 to the trigger via the trigger safety 4), the magazine disconnect rotatable about the magazine disconnect pin between a engaged disconnect position and a disengaged disconnect position (figure 1 shows the engaged position, figure 3 shows the disengaged position), the magazine disconnect blocking the trigger safety from rotating from the engaged safety position to the disengaged safety position when the magazine disconnect is in the engaged disconnect position (figure 1; page 1, lines 59-89).
In reference to claim 11, Sauer discloses the claimed invention (figure 3, blocking leg 7a; page 1, lines 59-89).
In reference to claim 12, Sauer discloses the claimed invention (figure 3, the blocking leg 7a is rotationally misaligned from the blocking end of the trigger safety 4, i.e., the trigger safety cannot rotate into engagement with the blocking leg 7a in the disengaged disconnect position of figure 3).
In reference to claim 13, Sauer discloses the claimed invention (first biasing member 6, second biasing member 5).
Claims 15-17 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Felk (5355768).
In reference to claim 15, Felk discloses a method of operating a firearm with a magazine disconnect, the method comprising:
inserting a magazine into a magazine well of the firearm and contacting the magazine with the magazine disconnect to reposition the magazine disconnect from an engaged disconnect position to a disengaged disconnect position (figure 2 and column 4, lines 40-56, magazine disconnect 48);
pressing a trigger safety towards a front face of a trigger of the firearm to reposition the trigger safety from an engaged safety position to a disengaged safety position (paragraph bridging columns 2 and 3, trigger safety 5); and
pulling the trigger from a forward position to a rearward position to discharge the firearm (column 3, line 62, to column 4, line 17).
In reference to claim 16, Felk discloses the claimed invention (figure 2, magazine disconnect pin 30, trigger safety pin (figures 1 and 2, and the paragraph bridging columns 2 and 3, make clear a trigger safety pin, i.e., the lowermost small circle on the trigger in figure 1).
In reference to claim 17, Felk discloses the claimed invention (figure 2 and column 4, lines 40-56, magazine disconnect 48).
In reference to claim 19, Felk discloses the claimed invention (figure 1 shows the engaged safety position; also see figure 2 and the paragraph bridging columns 2 and 3; frame 1).
Allowable Subject Matter
Claims 9, 10, 14, 18, and 20 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.
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.
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GABRIEL J. KLEIN
Examiner
Art Unit 3641
/Gabriel J. Klein/Primary Examiner, Art Unit 3641