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 7, 8, 10, 14, 15, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bilgeri (2022/0333882).
In reference to claim 7, Bilgeri discloses a compact bolt carrier group for a firearm comprising:
a bolt carrier (4), a rotating bolt (3), a cam pin (33), and a cam guide rail (25);
said bolt carrier has at least one guide rail slot (45) that accepts at least one cam guide rail (paragraphs 47 and 60),
said guide rail slot is a channel positioned in a lateral sidewall of the bolt carrier (figures 2, 6A, 6B, 7A, and 7B),
said cam pin extends in an upward direction from the bolt carrier (figures 6A, 6B, 7A, and 7B),
said cam pin having a cam bearing surface (333),
wherein said cam bearing surface does not exceed a front profile of a cam shaft (figures 2, 6A, 6B, 7A, and 7B).
In reference to claim 8, Bilgeri discloses the claimed invention (figures 6A and 6B show that the bolt carrier includes a slot on each side, each slot receiving a rail of the receiver, the rail on the left-hand side is situated higher than rail 25).
In reference to claim 10, Bilgeri discloses the claimed invention (figures 6A and 6B).
In reference to claim 14, Bilgeri discloses a compact bolt carrier group for a firearm comprising:
a bolt carrier (4), a rotating bolt (3), a cam pin (33), and a cam guide rail (25);
said cam pin extends in a generally upward direction from the bolt carrier (figures 6A, 6B, 7A, and 7B),
said cam pin having a cam bearing surface (333),
said bolt carrier having a least a first guide rail slot (45),
wherein, said guide rail slot is a channel positioned in a lateral sidewall of said bolt carrier (figures 2, 6A, 6B, 7A, and 7B),
wherein, said first guide rail slot aligns with the cam bearing surface (figures 6A, 6B, 7A, and 7B), and
wherein, the cam guide rail fits in the guide rail slot on the bolt carrier providing stability to the bolt carrier during its forward and rearward travel (figures 6A, 6B, 7A, and 7B; paragraphs 47 and 60).
In reference to claim 15, Bilgeri discloses the claimed invention (figures 6A and 6B show that the bolt carrier includes a slot on each side, each slot receiving a rail of the receiver, the rail on the left-hand side is situated higher than rail 25).
In reference to claim 17, Bilgeri discloses the claimed invention (figures 6A and 6B).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 9 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Bilgeri.
Bilgeri discloses the claimed invention, except for wherein the cam guide rails are inserts into a receiver. Bilgeri discloses rails that are monolithic with a receiver. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the rails as discrete structures that are assembled into the interior of the receiver (i.e., as inserts), with a reasonable expectation of success, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art.
Claims 1-6, 11, and 18 is rejected under 35 U.S.C. 103 as being unpatentable over Bilgeri in view of Serbu (11466944; “Serbu”).
In reference to claims 11 and 18, Bilgeri discloses the claimed invention, except for wherein the bolt is compatible with an M4 barrel extension. However, Bilgeri contemplates configuring the bolt carrier group for essentially any semi-automatic firearm that uses a bolt carrier group with a rotating bolt (paragraphs 1, 2, 10, and 40). Serbu teaches such a semi-automatic rifle in the form of an AR-15 (column 2, lines 50-53), which a person of ordinary skill in the art knows is compatible with an M4 barrel extension. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the bolt carrier group of Bilgeri for compatibility with an AR-15 rifle, which is compatible with an M4 barrel extension, with a reasonable expectation of success, in order to carry out the invention of Bilgeri for use with an AR-15 rifle.
In reference to claim 1, Bilgeri discloses the claimed invention, as set forth above in the references to claims 7, 11, 14, and 18, including a firing pin aperture (35), but fails to explicitly disclose wherein the cam bearing surface and at least one cam guide rail are at least partially within 0.49 inches measured vertically from a center of the firing pin aperture. However, it is within the ordinary level of skill in the art to optimize the dimensions of a bolt carrier group for a given application; the distance in question results in an overall lower profile of the bolt carrier group.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the bolt carrier group of Bilgeri such that the cam bearing surface and at least one cam guide rail are at least partially within 0.49 inches measured vertically from a center of the firing pin aperture (35), with a reasonable expectation of success, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art.
In reference to claim 2, Bilgeri in view of Serbu makes obvious the claimed invention, as set forth above in the reference to claim 8.
In reference to claim 3, Bilgeri in view of Serbu makes obvious the claimed invention, as set forth above in the rejection of claims 9 and 16.
In reference to claim 4, Bilgeri in view of Serbu makes obvious the claimed invention, as set forth above in the reference to claim 10.
In reference to claim 5, Bilgeri in view of Serbu makes obvious the claimed invention, as set forth above in the reference to claim 7.
In reference to claim 6, Bilgeri in view of Serbu makes obvious the claimed invention, as set forth above in the reference to claim 14.
Claims 12 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Bilgeri in view of Sugg (11092396).
Bilgeri discloses the claimed invention, except for wherein the bolt is compatible with an M110 barrel extension. However, Bilgeri contemplates configuring the bolt carrier group for essentially any semi-automatic firearm that uses a bolt carrier group with a rotating bolt (paragraphs 1, 2, 10, and 40). Sugg teaches that an M110 is such a semi-automatic rifle (column 1, lines 29-39). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the bolt carrier group of Bilgeri for compatibility with an M110 semi-automatic rifle, which includes an M110 barrel extension, with a reasonable expectation of success, in order to carry out the invention of Bilgeri for use with said rifle.
Claims 13 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Bilgeri in view of Serbu (2020/0240734; “Serbu ‘734”).
Bilgeri discloses the claimed invention, except for an operating rod positioned above the cam pin. However, Bilgeri contemplates configuring the bolt carrier group for essentially any semi-automatic firearm that uses a bolt carrier group with a rotating bolt (paragraphs 1, 2, 10, and 40). Serbu ‘734 teaches it is known to form such a firearm with a gas system comprising an operating rod that is connected to a bolt carrier and is situated above a cam pin of a bolt carrier group, in order to cycle the bolt carrier group for repeated firing (figures 1-3). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the bolt carrier group for use with a firearm having a gas system that uses an operating rod connected to the bolt carrier, and to provide the bolt carrier group said operating rod connected to the bolt carrier and above the cam pin, with a reasonable expectation of success, in order to cycle the bolt carrier group for repeated firing.
Response to Arguments
Applicant’s arguments with respect to the claims 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
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 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