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 .
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection, as necessitated by applicant’s amendment, does not rely on the references as applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Terminal Disclaimer
The terminal disclaimer filed on 1/9/26 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of 11,268,776 has been reviewed and is accepted. The terminal disclaimer has been recorded.
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.
(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.
(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) 5, 6 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Thomas et al. (US 10,809,032). Thomas et al. discloses an expansion chamber assembly for a firearm, the expansion chamber assembly comprising:
an outer tube (212) comprising a front end and a rear end;
a front cap (240) coupled with the outer tube at the front end;
a rear cap (250) coupled with the outer tube at the rear end, wherein the rear cap comprises one or more exit apertures (252);
an inner tube (232) comprising one or more through apertures (229) to allow a portion of expanding gasses to move from the inner tube into the outer tube and out the one or more exit apertures; and
a sound absorbing material (218) positioned between the inner tube and the outer tube.
6. The expansion chamber assembly of Claim 1, wherein the sound absorbing material is a hollow cylinder configured to accommodate the inner tube. (Fig. 4)
8. The expansion chamber assembly of Claim 1, wherein the sound absorbing material is a flat piece of material rolled around the inner tube. (Fig. 4)
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.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thomas et al. as applied to claim 5 above, and further in view of Sherman et al. (US 6,298,764). Thomas et al. discloses the claimed invention but does not expressly disclose the sound absorbing material comprises a star shaped cross section, however Sherman et al. does. Sherman et al. teaches a muzzle device including a sound absorbing foam surrounding the barrel of the device wherein the sound absorbing material comprises a star shaped cross section (Figs. 3 and 4). All the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded the predictable results of allowing maximum effect on hot gases as taught by Sherman et al. (col. 2, lines 12-19) and there would have been a reasonable expectation of success.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 MICHELLE CLEMENT whose telephone number is (571)272-6884. The examiner can normally be reached M-F 10-6.
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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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/MICHELLE CLEMENT/Primary Examiner, Art Unit 3641