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 filed 8/8/26 have been fully considered but they are not persuasive. Applicant contends that “because the relied upon ‘safety element’ 250 is defined in the disclosure as a ‘device’, which is different from the single safety element claimed in the current amended claim” (emphasis added) that claim 1 cannot be anticipated by Acarreta. This is not persuasive in that Acarreta does disclose a single safety element as claimed, the fact that it discloses additional structure (i.e. a second safety) not claimed is irrelevant (it is noted that applicant’s claim recites “comprising” which is the open claim form rather than the closed claim form of “consisting”. Furthermore, applicant’s specification is not enabled for a pistol that excludes other/additional safety elements. In response to applicant's argument that “the Acarreta disclosure is specific to the Glock and H&K striker fired handgun platforms [] but absent in the platform intended by the Applicant’s disclosure”, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art (it is noted that applicant has not even recited an intended use that is not a Glock or H&K platform but rather is just relying on embodiments of the specification). If the prior art structure is capable of performing the intended use, then it meets the claim. It is the claims that define the claimed invention, and it is the claims, not specifications that are anticipated or unpatentable.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Delgado Acarreta et al. (US Patent 12,078,434). Delgado Acarreta et al. discloses a pistol (col. 1, line 24) comprising: a frame (110); a striker (121) connected to the frame and movable between a rearward energized position and a forwarded striking position; a trigger (200); a sear (col. 2, lines 3-6) responsive to the trigger and operable to restrain the striker in the rearward position and release the striker to the forward position; a single safety element (250) movable between a live condition in which trigger motion to release of the striker is enabled and a safe condition in which trigger motion to release of the striker is disabled; and the single safety element including a secondary safety surface operably engaging the sear to maintain the sear in a retraining position when the safety element is in the safe condition. (col. 8, lines 51 through col. 9, lines 7 shows the operation of the pistol and Figs. 3A-D further show the operation of the safety device of the pistol)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). 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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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
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