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 Objections
Claim 24 is objected to because of the following informalities:
Claim 24 states “imped” which appears to be a typographical error which should read “impede.”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 19 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 19 recites the limitation "the feedback" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Any unspecified claim is rejected as being dependent on a rejected base claim.
In view of the indefinite issues the claims will be examined as best understood by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 and 5-25 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-30 of U.S. Patent No. 11,287,201 and claims 1-15 of U.S. Patent No. 11,994,357. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are directed to substantially the same structure with the exception that some of the claim language is rearranged in dependent form or defined in a slightly different manner. For example, the current claims require a spring pin which engages a gas metering screw where the patented claims define a more specific structure associated with the spring pin and how it engages the gas metering screw. Overall, the claims are directed to substantially the same structure and are not patentably distinct. Additionally, omission of part is a matter of obviousness that does not necessarily require a second reference.
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) 7-12, 14-16 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DeSomma, US Patent Publication No. 2016/0209138.
Regarding claim 7, DeSomma discloses a gas block assembly (450 in figures 4a-4b for example), comprising: at least one fastener (pins shown in figures 4A-4C and best shown in figure 3D) to mount a gas block upon a barrel (360 numbered in figure 3A and not numbered but shown in figures 4A-4D), in a rotationally timed position; wherein the gas block comprises an adjustable gas block that is adjustable using a rotationally actuated gas metering shaft (454); wherein a portion of the rotationally actuated gas metering shaft includes a columnar sidewall (forward end of 454), the columnar sidewall include a plurality of indentations (shown in figures 4A-4B and 4D for example and disclosed in [0030] as being engaged by 485) and the adjustable gas block assembly further comprises: a body (452) including a gas port (figure 3D shows 362) to receive gas provided by a gas port of the barrel (figure 3D), the portion of the rotationally actuated gas metering shaft to protrude from the body (shown in figures 4A and 4D); and a spring pin (broadly, yet reasonably 485 meets the limitation of a spring pin because of the shape of the element and the spring biasing the pin) comprising a portion alignable with an individual indentation of the plurality of indentations (shown in figures 4A-B and 4D and disclosed in [0030]), wherein when the portion of the spring pin and the individual indentation aligned a rotational position of the rotationally actuated gas metering shaft is preserved ([0030]).
Regarding claim 8, DeSomma further discloses the spring pin is arranged to periodically contact the columnar sidewall as said columnar sidewall is rotated from a rotational position associated with maximum or minimum gas restriction to a rotational positions associated with the other of maximum or minimum gas restriction ([0030] discloses disengaging to allow movement and engaging to restrict movement).
Regarding claim 9, DeSomma further discloses the rotationally actuated gas metering shaft includes a head; wherein columnar sidewall is part of the head (best shown in figure 4A).
Regarding claim 10, DeSomma further discloses wherein the portion of the rotationally actuated gas metering shaft that protrudes from the body comprises a forward portion of the rotationally actuated gas metering shaft; wherein another portion of the rotationally actuated gas metering shaft, which does not protrude from the body includes: a rearward portion; and a central portion between the forward and rearward portions (best shown in figure 4D)
Regarding claim 11, DeSomma further discloses rotationally actuated gas metering shaft comprises at least one part; wherein the portion of the rotationally actuated gas metering shaft and at least part of the other portion of the rotationally actuated gas metering shaft comprises part of a same part of the at least one part (shown in figure 4D as best understood by the examiner).
Regarding claim 12, DeSomma further discloses wherein the spring pin comprises a self-retaining spring pin (figure 4D shows the pin is self-retaining in the bore)
Regarding claim 14, DeSomma further discloses a front end of the body comprises a face, wherein the portion of the rotationally actuated gas metering shaft protrudes from the face (figure 4A and 4D)
Regarding claim 15, DeSomma further discloses a rear end of the body is arranged to output a portion of the gas into a gas tube (shown in figure 4D and in more detail in 3D).
Regarding claim 16, DeSomma discloses an apparatus (450), comprising: a gas block body (452) including a gas port (figure 3D shows 362) to receive gas provided by a barrel (figure 3D); a spring member (485) non-removably affixed to the body (broadly, yet reasonably, 485 is affixed in the body by the pin in 4D to prevent removal); at least one fastener (pins shown in figures 4A-4C and best shown in figure 3D) to mount a gas block upon a barrel (360 numbered in figure 3A and not numbered but shown in figures 4A-4D), in a rotationally timed position; a columnar projection (forward end of 454) extending from the gas block body (figure 4A and 4D), the columnar projection rotatable to control the flow of gas from the gas port ([0030]); the columnar projection having an exterior including a plurality of indentations (figure 4A); and the spring member comprising a portion alignable with an individual indentation of plurality of indentations plurality of indentations ([0030]), wherein when the portion of the spring pin and the individual indentation or the individual bump are aligned a rotational position of the columnar projection is preserved ([0030])
Regarding claim 20, DeSomma further discloses the columnar projection comprises a front portion of at least one part, wherein a rear portion of the at least one part is drivable, by rotating the columnar projection, to at least partially cover the gas port (shown in figures 4D and 3D).
Claim(s) 7-12 and 14-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Russo, US Patent No. 9,671,184.
Regarding claim 7, Russo discloses a gas block assembly (100), comprising: at least one fastener (figure 1) to mount a gas block upon a barrel (3:55-4:5 discloses mounting to a barrel), in a rotationally timed position; wherein the gas block comprises an adjustable gas block that is adjustable using a rotationally actuated gas metering shaft (90); wherein a portion of the rotationally actuated gas metering shaft includes a columnar sidewall (91), the columnar sidewall include a plurality of indentations (70), and the adjustable gas block assembly further comprises: a body including a gas port (50) to receive gas provided by a gas port of the barrel (3:55-4:5), the portion of the rotationally actuated gas metering shaft to protrude from the body (figure 3 for example); and a spring pin (110) comprising a portion alignable with an individual indentation of the plurality of indentations (4:6-5:23), wherein when the portion of the spring pin and the individual indentation or the individual bump are aligned a rotational position of the rotationally actuated gas metering shaft is preserved (4:6-5:23).
Regarding claim 8, Russo further discloses the spring pin is arranged to periodically contact the columnar sidewall as said columnar sidewall is rotated from a rotational position associated with maximum or minimum gas restriction to a rotational positions associated with the other of maximum or minimum gas restriction (4:6-5:23).
Regarding claim 9, Russo further discloses the rotationally actuated gas metering shaft includes a head; wherein columnar sidewall is part of the head (91).
Regarding claim 10, Russo further discloses the portion of the rotationally actuated gas metering shaft that protrudes from the body comprises a forward portion of the rotationally actuated gas metering shaft; wherein another portion of the rotationally actuated gas metering shaft, which does not protrude from the body includes: a rearward portion; and a central portion between the forward and rearward portions (figure 3)
Regarding claim 11, Russo further discloses rotationally actuated gas metering shaft comprises at least one part; wherein the portion of the rotationally actuated gas metering shaft and at least part of the other portion of the rotationally actuated gas metering shaft comprises part of a same part of the at least one part (shown in figure 3, as best understood by the examiner).
Regarding claim 12, Russo further discloses the spring pin comprises a self-retaining spring pin (figure 3 shows the body 111 of 110 prevents the pin from leaving the bore and is therefore broadly, yet reasonably, self-retaining)
Regarding claim 14, Russo further discloses a front end of the body comprises a face, wherein the portion of the rotationally actuated gas metering shaft protrudes from the face (figure 3).
Regarding claim 15, Russo further discloses a rear end (8) of the body is arranged to output a portion of the gas into a gas tube (figure 1 and disclosed as impingement block)
Regarding claim 16, Russo discloses an apparatus (100), comprising: a gas block body (10) including a gas port (50) to receive gas provided by a barrel; a spring member (110) non-removably affixed to the body (figure 3 shows 110 is affixed in the bore and is pinned in place with 130 to prevent removal); at least one fastener (figure 2 for example) to mount the gas block body upon the barrel, in a rotationally timed position; a columnar projection (91) extending from the gas block body, the columnar projection rotatable to control the flow of gas from the gas port; the columnar projection having an exterior including a plurality of indentations (70); and the spring member comprising a portion alignable with an individual indentation of plurality of indentations plurality of indentations (4:6-5:23), wherein when the portion of the spring pin and the individual indentation are aligned a rotational position of the columnar projection is preserved (4:6-5:23).
Regarding claim 17, Russo further discloses a click interface arranged to provide feedback to a user as the columnar projection is rotated; the click interface comprising the columnar projection and the spring member (4:6-5:23, rotation of the gas control member 90 results in the pin retracting into the bore then returning to the indentation 70 which is construed as a click interface)
Regarding claim 18, Russo further discloses the click interface characterized in that the feedback is produced in response to rotation of the columnar projection into a rotational position in which the portion of the spring member is aligned and the individual indentation or the individual bump are aligned (4:6-5:23 discloses rotation of 90 results in 110 moving from the indentation 70 and being biased back into the next 70 which acts as a click interface like that claimed)
Regarding claim 19, Russo discloses the feedback includes tactile feedback (the structure and function of Russo would necessarily result in a tactile feedback to the user)
Claim(s) 16-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gomez, US Patent Publication No. 2015/0204627.
Regarding claim 16, Gomez discloses an apparatus (10), comprising: a gas block body (11) including a gas port (25) to receive gas provided by a barrel (91); a spring member (13) non-removably affixed to the body (affixed to body in holes 16 and is not intended to be removed); at least one fastener (19) to mount the gas block body upon the barrel (figure 6 and [0041-0042]), in a rotationally timed position; a columnar projection (30) extending from the gas block body, the columnar projection rotatable to control the flow of gas from the gas port ([0032] for example); the columnar projection having an exterior including a plurality of indentations (35A-B); and the spring member comprising a portion alignable with an individual indentation of plurality of indentations plurality of indentations ([0032]), wherein when the portion of the spring pin and the individual indentation or the individual bump are aligned a rotational position of the columnar projection is preserved ([0032]).
Regarding claim 17, Gomez further discloses a click interface arranged to provide feedback to a user as the columnar projection is rotated; the click interface comprising the columnar projection and the spring member (the structure of Gomez, including 13, 30 and 35A-B inter alia, acts as a click interface like that claimed)
Regarding claim 18, Gomez further discloses the click interface characterized in that the feedback is produced in response to rotation of the columnar projection into a rotational position in which the portion of the spring member is aligned and the individual indentation ([0038-0039] for example).
Regarding claim 19, Gomez further discloses the feedback includes tactile feedback (the structure and function of Gomez would necessarily result in a tactile feedback to the user)
Regarding claim 20, Gomez further discloses the columnar projection comprises a front portion of at least one part, wherein a rear portion of the at least one part is drivable, by rotating the columnar projection, to at least partially cover the gas port (shown in figure 3 30 is connected with 20 and functions as a portion of the columnar projection).
Regarding claim 21, Gomez discloses an apparatus (10), comprising: a gas block body (11) including a gas port (25) to receive gas provided by a barrel (91); a flex member (13) non-removably affixed to the body (into holes 16); at least one fastener (19) to mount the gas block body upon the barrel, in a rotationally timed position; at least one part (30, 20 inter alia), including a grippable portion (30), the grippable portion of the at least one part rotatable to control the flow of gas from the gas port ([0044]); an exterior of the grippable portion including a plurality of indentations (35A-B); and the flex member comprising a portion (36) alignable with an individual indentation of the plurality of indentations, wherein when the portion of the flex member and the individual indentation or the individual bump are aligned a rotational position of the columnar projection is preserved ([0032], [0044-0045]); and the flex member characterized in that: when a rotational position of the grippable portion does not align the portion of the flex member and any of the indentations of the plurality of indentations, the flex member is in a first state (figure 4); and when a rotational position of the grippable portion does align the portion of the flex member and the individual indentation, the flex member is in the other of a second state (between positions 35A and 35B, the flex member is necessarily not in an indentation and is in a different state); wherein the states include: a flexed state (flexed state occurs when 13/36 is out of the indentations 35A or 35B and bends away from biased positions shown in figure 4 and 8), and a less flexed state or a non-flexed state (figures 4 and 8 show 13/36 in the less flexed or non-flexed state in the indentations 35A and/or 35B).
Regarding claim 22, Gomez further discloses the at least one part comprises a gas metering screw or another rotationally actuatable gas metering part (assembly of 30 and 20 as shown in figure 3 for example).
Regarding claim 23, Gomez further discloses the at least one part includes another portion (20) drivable by the rotation of the portion of the at least one part to at least partially cover the gas port (figure 3).
Regarding claim 24, Gomez further discloses the portion of the at least one part comprises a columnar projection (30) and the other portion of the at least one part is drivable, by rotation of the columnar projection, into a channel of the body, to impede the flow of gas (figure 3 and [0044-0045]).
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) 1 and 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Russo in view of Tankersley, US Patent Publication No. 2010/0282066 alone or also in view of Knight, US Patent No. 5,706,599.
Regarding claim 1, Russo discloses the claimed invention but is silent to the specifics of the fastener with a tapered section to mount the barrel-mountable device upon a barrel as claimed. Nonetheless, Tankersley teaches a fastener (44) including: a length further including a tapered section (conical tip of 44) drivable into binding engagement (broadly, yet reasonably, the conical tip is drivable, capable of being driven, into a binding engagement. The recitation of a "binding engagement" is given the broadest reasonable interpretation and is construed to be an engagement between two parts that provides sufficient friction to prevent unwanted movement when engaged. The structure of Tankersley is such that threading the set screw into and through the gas block aperture and into engagement with the barrel is a binding engagement.) with one or more sloped surfaces defined by part of an exterior of a barrel of a firearm (55 as in figures 5A-5C for example and shown alone in figure 7); and a drive mechanism for rotationally driving the tapered fastener into an opening (44 is disclosed as a set screw and [0149] discloses tightening the set screw and one of ordinary skill in the art would recognize that a set screw necessarily has a driving mechanism in order to engage some sort of tool for tightening the screw); and wherein the binding engagement provides resistance to backing the tapered fastener out of said opening (given the broadest reasonable interpretation of a binding engagement, the structure of Tankersley meets the claim limitation because the fasteners of Tankersley are disclosed as having the tapered ends tightened into a conical opening to secure and align the block. In order for the fasteners to secure the block, a sufficient frictional engagement between the parts is required such that the fasteners resist backing out unless specifically removed by the user). Therefore, it is the examiner's position that the structure of Tankersley sufficiently meets the structure of the claims and the functional language associated with the structure; however, for the sake of clarity and compact prosecution, Knight is provided as a teaching reference to support the examiner's position of the interpretation of the engagement structure of Tankersley. Knight specifically teaches set screws 50 which are driven into engagement with recesses 46 and provide a binding engagement between the screws and recesses as taught in 2:24-35. Additionally, Knight shows a drive mechanism/end of the set screws in figure 3.
Thus it would have been obvious to one ordinary skill in the art at the time the invention
was effectively filed to modify or define the fasteners and engagement of Russo to be a fastener leading to a binding engagement similar to that as taught by Tankersley and Knight and asserted by the examiner with a reasonable expectation of success since Tankersley and Knight are substantially the same structure and recognizing a set screw driven into a recess as a binding engagement would be obvious to one of ordinary skill in the art in order to prevent loosening of components from one another and to maintain the position of the gas block of Russo such that the firearm functions reliably and safely.
Regarding claim 5, Russo as modified by Tankersley and/or Knight further discloses the
driving mechanism is located on an end (Knight figure 3) of the tapered fastener, and wherein
an opposite end of the tapered fastener includes an additional section arranged to mate with a
groove defined by the barrel (Knight figure 3 shows an end of the screw that is opposite of an
end which engages a recess of the barrel and, as taught to Tankersley, opposite the conical tip
of 44).
Regarding claim 6, Russo as modified by Tankersley and/or Knight further discloses the groove comprises a V- slot (Tankersley, 55 is a conical shape and thus V-shaped).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 5-25 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.
The substantial amendments to the claims resulted in sufficient change in scope of the claims to require new grounds of rejection to be applied in the current office action.
Allowable Subject Matter
Claims 13 and 25 would be objected to as being dependent upon a rejected base claim, and appear to be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims and approval of a Terminal Disclaimer to overcome the Double Patenting rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is provided on from PTO-892.
The applicant is invited to call the examiner for additional information on how particular cited references would be interpreted or applied to the claimed invention or potential amendments.
While the Examiner is available via telephone to resolve administrative issues regarding a patent application, issues relating to patentability and/or prospective amendments may be more efficiently discussed via email correspondence subsequent to the filing of form PTO/SB/439 (“Authorization for Internet Communications in a Patent Application”) authorizing permission for internet communication. The form is available online at https://www.uspto.gov/sites/default/files/documents/sb0439.pdf and may be submitted for the record along with any other response to this action. The Examiner may be reached by telephone at 571-272-6352.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Troy Chambers can be reached on 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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/DERRICK R MORGAN/ Primary Examiner, Art Unit 3641
Prosecution Insights