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 .
This is the final Office Action for the serial number 18/656,984, SHOOTING SUPPORT, filed on 5/7/24.
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 1-2, 7, 11-12, 14-17, 19 and 21 are rejected under 35 U.S.C. 102(a1) as being anticipated by US Patent Application Publication # 2007/0094911 to Rush et al.
Rush et al. teaches a support comprising two support legs (40) and a hinge (64) having a first side portion a second side portion respectively interconnecting the two support legs. The support includes a support device (30, 44) mounted on the hinge body. The hinge body is being resiliently flexible to permit hinging in at least a primary hinge plane thereof and allow the first side portion and the second side portion to move relative to one another. The support further comprises a further support leg pivotably engaged with the hinge body. The hinge body comprises an elongate core of a stressed material (bungee cord, section 0045). The two support legs are releasably engageable with the hinge body. The support device is receivably enagable with the hinge body. Wherein the hinge body is further articulable out of the primary hinge plane. The hinge body is at least in part deformable. The hinge body is at least in part twistable out of the primary hinge plane. The hinge body is configured to return to a default hinge position in the absence of an external force. The support device is a support for a firearm (30).
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535
572
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518
672
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Allowable Subject Matter
Claims 3-5, 8 and 13 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.
Claims 22-24 are allowed.
Response to Arguments
Applicant’s arguments with respect to claims 1-2, 7, 11-17, 19 and 21 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 ALFRED J WUJCIAK whose telephone number is (571)272-6827. The examiner can normally be reached Monday-Friday 7am-3:30pm.
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ALFRED J. WUJCIAK III
Primary Examiner
Art Unit 3632
/ALFRED J WUJCIAK/Primary Examiner, Art Unit 3636 4/13/26