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 claim(s) 11/24/25 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.
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, 2, 5-11 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Chung (US 2013/0008072). Chung discloses a sight and accessory mount assembly for a firearm having a rail, the sight and accessory mount assembly comprising:
a sight mount (100) having structure {allowing it to carry a sight (110) in a fixed position relative to a rail and to be attached to the rail with the sight mount positioned at least partly between the sight and the firearm};
an accessory mount (201) having structure {allowing it to carry a firearm accessory (200)}, wherein the accessory mount is pivotably connected (@135, 204) to the sight mount, and wherein the accessory mount protrudes from the sight mount in a direction aligned with the firearm, wherein the accessory mount is pivotable between a first end position and a second end position relative to the sight, and wherein in the first end position the firearm accessory is aligned with the sight, and in the second end position the firearm accessory is pivoted away from the sight. (Fig. 1 to Fig. 2)
2. The sight and accessory mount assembly of claim 1, wherein the sight mount has a lower side, and in the second end position, at least a portion of the accessory mount is pivoted to intersect a plane defined by the lower side of the sight mount. (Fig. 2D)
5. The sight and accessory mount assembly of claim 1, wherein the sight mount has a right side and a left side, wherein the accessory mount pivots around a pivot axis located at one of the right side and the left side. (Fig. 1-2)
6. The sight and accessory mount assembly of claim 5, wherein a front side of the accessory mount forms a protruding member that protrudes forward from the front side along the pivot axis and that overlaps a portion of the right side of the sight mount, and wherein the protruding member engages the right side of the sight mount in the first end position and second end position. (Figs. 1-2)
7. The sight and accessory mount assembly of claim 6, wherein the protruding member forms a wall that has a first wall end and a second wall end and outlines a portion of a cylinder centered on the pivot axis, wherein the first wall end engages the right side of the sight mount in the first position of the accessory mount and the second wall end engages the right side of the sight mount in the second position of the accessory mount. (Fig. 1-2)
8. The sight and accessory mount assembly of claim 5, wherein the protruding member is arranged to provide a defined range of rotation of the accessory mount relative to the sight mount around the pivot axis. (Fig. 1 to Fig. 2)
9. The sight and accessory mount assembly of claim 8, wherein the defined range of rotation is 30-180 degrees.
10. The sight and accessory mount assembly of claim 8, wherein the defined range of rotation is 60-90 degrees. (Fig. 2D)
11. The sight and accessory mount assembly of claim 1, wherein the accessory mount comprises a pivot pin seated in a pivot pin recess, wherein the pivot pin pivotally connects the accessory mount to the sight mount. (Fig. 1-2)
18. The sight and accessory mount assembly of claim 1, wherein the accessory mount defines an overhang over the firearm relative to the sight mount. (Fig. 1-2)
19. The sight and accessory mount assembly of claim 1, wherein the accessory mount defines an overhang over the rail of the firearm relative to the sight mount. (Fig. 1-2)
Allowable Subject Matter
Claims 3, 4, 12-17 and 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
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