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 § 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.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
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 of carrying out his invention.
Claim 1 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. The limitation of “…the forward portion securing the forward end of the recoil spring guide rod to the frame…” is considered new matter because this feature is not described in the written specification or shown in the drawings.
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.
Claim 1 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. How is “…the forward portion securing the forward end of the recoil spring guide rod to the frame…?” It is unclear because this limitation is not described in the written specification or shown in the drawings.
In light of the above, the claims will be examined on the merits as best understood.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rosenwald (US 4,715,140). Rosenwald (Fig 2) discloses a pistol comprising: a frame; a slide operable to reciprocate on the frame; a recoil spring guide rod with a forward end: the frame having a forward portion (16) forward of the slide and configured to prevent access to a forward surface of the slide; the forward portion of the frame defining a bullet bore; the forward portion securing the forward end of the reoil spring guide rod to the frame: and the forward portion of the frame defining lateral apertures in communication with the bullet bore and configured to provide a gas passage to moderate recoil of the pistol.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Parades (US 5,076,137). Parades (Fig 3) discloses a pistol comprising: a frame; a slide operable to reciprocate on the frame; a recoil spring guide rod with a forward end: the frame having a forward portion forward of the slide and configured to prevent access to a forward surface of the slide; the forward portion of the frame defining a bullet bore; the forward portion securing the forward end of the reoil spring guide rod to the frame: and the forward portion of the frame defining lateral apertures in communication with the bullet bore and configured to provide a gas passage to moderate recoil of the pistol.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REGINALD S TILLMAN, JR whose telephone number is (571)270-7010. The examiner can normally be reached M-F 830-530.
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/REGINALD S TILLMAN, JR/Primary Examiner, Art Unit 3641