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 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 1-8 and 11-18 and are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Grant (11,268,777).
With respect to claims 1 and 11, Grant teaches a firearm (note suppression device #10 is for attachment to a firearm – Col. 1, Lines 50-56) comprising: a suppressor (Figures 1-1310) coupled to a muzzle of the firearm by a coupling mechanism (50) at a proximate end (end having inlet #16) of the suppressor (10), the suppressor (10) comprising: an outer cylinder (12); an outer chamber (defined by upstream most of outer chambers #28) disposed adjacent the proximate end (end having inlet #16) of the suppressor (10) and between the outer cylinder (12) and an inner cylinder (defined by wall sections #26), where the an inner cylinder (26) comprises: at least one release port (defined by one at least one of openings #32) configured for fluid coupling between the inner cylinder (26) and the outer chamber (defined by upstream most of outer chambers #28); at least one purge port (defined by one at least one of openings #30) configured for fluid coupling between the inner cylinder (26) and the outer chamber (defined by upstream most of outer chambers #28); and at least one gas deflector (defined by upstream most of baffles #22A) disposed adjacent to the at least one purge port (defined by one at least one of openings #30), where the at least one gas deflector (defined by upstream most of baffles #22A) extends from an exterior surface of the inner cylinder (26) towards an interior surface of the outer cylinder (12).
With respect to claims 2 and 12, Grant teaches further comprising an end cap (40) disposed at a distal end (end having outlet #20) of the suppressor (10).
With respect to claims 3 and 13, Grant teaches where the at least one gas deflector (defined by upstream most of baffles #22A) is partially circular and disposed around a perimeter of the at least one purge port (defined by one at least one of openings #30), and where the at least one gas deflector (defined by upstream most of baffles #22A) has an opening (24A) facing the distal end (end having outlet #20) of the suppressor (10).
With respect to claims 4 and 14, Grant teaches where the at least one gas deflector (defined by upstream most of baffles #22A) is formed of planar surfaces (note outer surface at downstream end of baffle #22A that attached to inner surface of outer cylinder #12 are planar) disposed partially around a perimeter of the at least one purge port (defined by one at least one of openings #30), and where the at least one gas deflector (defined by upstream most of baffles #22A) has an opening (24A) facing the distal end of the suppressor (10).
With respect to claims 5 and 15, Grant teaches where the outer chamber (defined by upstream most of outer chambers #28) comprises a backpressure reduction chamber.
With respect to claims 6 and 16, Grant teaches further comprising a reverse flow pathway chamber (defined by second upstream most of outer chambers #28, immediately downstream of said outer chamber) disposed between the backpressure reduction chamber (defined by upstream most of outer chambers #28) and the end cap (40).
With respect to claims 7 and 17, Grant teaches where the reverse flow pathway chamber (defined by second upstream most of outer chambers #28, immediately downstream of said outer chamber) is defined by an outer surface of the inner cylinder (26) and an inner surface of the outer cylinder (12), and a plurality of ridges (defined by annular collar #66 and portions of baffle #22A extending between inner cylinder #26 and outer cylinder #12) disposed between the outer cylinder (12) and the inner cylinder (26).
With respect to claims 8 and 18, Grant teaches where the reverse flow pathway chamber (defined by second upstream most of outer chambers #28, immediately downstream of said outer chamber) is configured to direct gasses in a first direction that is towards the end cap (40), and a second direction that is towards the coupling mechanism (50). It is noted that the gases will initially flow in a direction towards end cap #40, and will then be deflected by the lower surface of baffle #22, which redirects the flow toward coupling mechanism #5.
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.
Claims 9-10 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Grant (11,268,777) in view of Barrett (2018/0299223).
With respect to claims 9 and 19, Grant teaches a removable flow director (defined by second upstream most of baffles #22A) disposed within the inner cylinder (26) (Col. 3, Lines 54-57).
Grant fails to teach where the flow director comprises a plurality of vanes configured to direct the flow of gasses in one of either a clockwise or a counterclockwise direction.
Barrett teaches a similar firearm suppressor/silencer, wherein each baffle of a baffle stack is formed as a removable flow director (Figures 7-8, defined by removable baffles #70) disposed within the inner cylinder (21, when combined with inner cylinder #26 of Grant.), where the flow director (70) comprises a plurality of vanes (72) configured to direct the flow of gasses in one of either a clockwise or a counterclockwise direction, such that the asymmetrically shaped skewed cone section (72) is configured to maximize gas expansion and noise reduction performance ([0005]). It is noted that the asymmetrically skewed shaped of cone portion #72 of baffles #70 will cause the flow of gasses impinging cone #72 to flow in one of either a clockwise or a counterclockwise direction within chamber #110.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the apparatus of Grant, with the apparatus of Barrett so as to further maximize gas expansion and noise reduction performance.
With respect to claims 10 and 20, Grant and Barrett teach where the removable flow director (Grant, #22A, when combined with Barrett, #70) is configured to direct gas flow through the at least one release port (defined by one at least one of openings #32). Note that Figure 13 of Grant shows that gases flowing through port #32 were previously deflected by portion of baffle #22A of Grant, which constitutes the removable flow director when combined with Barrett baffle shape #72.
Response to Arguments
Applicant’s arguments with respect to claims 1-20 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 Examiner considers Grant and the combination with Barrett to teach all of the limitations as claimed by Applicant.
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 JEREMY AUSTIN LUKS whose telephone number is (571)272-2707. The examiner can normally be reached Monday-Friday (9:00-5:00).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dedei Hammond can be reached at (571) 270-7938. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEREMY A LUKS/Primary Examiner, Art Unit 2837
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