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 Office Action is in response to amendments and remarks filed November 13, 2025. Claims 1-20 are currently pending.
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 1-20 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 1, “the projectile” lacks proper antecedent basis. It is also unclear how a pellet is related to a projectile.
The other claims are indefinite based on their dependencies.
Claim Rejections - 35 USC § 102
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, 8, 10-12, 14, 15, 17 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Cook et al. (U.S. Patent 5,997,500).
Regarding claims 1-3, 8, 10-12, 14, 15, 17, Cook et al. disclose (Figs.) a system comprising: a housing (7) defining an inlet (bottom of housing where 17 feeds in); a trap (88) positioned within the housing, the trap moveable about and between a catching configuration (trigger hold) and a releasing configuration (trigger release), wherein: in the catching configuration, the trap is configured to inhibit passage of a pellet (2) thereby; and in the releasing configuration, the trap is configured to permit passage of the pellet thereby; and an actuator (trigger) that is configured to move the trap about and between the catching configuration and the releasing configuration, wherein the housing comprises a window (99) that permits visual detection of the pellet being caught in the trap from a position outside of the housing. Cook et al. also disclose the trap is pivotable (Fig. 2) about a pivot axis (not labeled; pivot connecting 88 and 40); and the housing defines and interior wherein the pivot axis extends through the interior of the housing as claimed. Since the trap of Cook et al. is a thin, flat strip, as understood, it is a plate. Cook et al. also disclose a projectile receptacle (20), wherein the housing has an outlet (18) in communication with the projectile receptacle; the receptacle comprises at least one exhaust outlet (22) that permits gas to pass therethrough. As understood, the housing is tubular as has cylindrical parts. Cook et a. further disclose the housing comprises an outlet (18) and an elbow (94) between the inlet and outlet and the housing has perforations (Fig. 1; holes used to assemble the housing together) as claimed. Cook et al. also discloses a projectile launcher (37).
Allowable Subject Matter
Claims 4-7, 9, 13, 16, 18-20 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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THANH LUU whose telephone number is (571)272-2441. The examiner can normally be reached 9AM-5:30PM.
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/THANH LUU/Primary Examiner, Art Unit 2878