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 .
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.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 7/9/2024 is being considered.
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Drawings
The replacement drawings were received on 7/9/2024 and 2/18/2025. These drawings are acceptable.
Specification
The substitute specification, filed 2/18/2025, has been entered.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Abstract
The abstract, filed 11/25/2025, has been entered.
Response to Amendment
The preliminary amendment to the claims, filed 11/25/2025 has been entered:
Claims 1-24 are cancelled.
Claims 25-48 are new.
Claim Objections
Claim(s) 34-36, 39, and 41 is/are objected to because of the following informalities:
Regarding claim 34, the word “or” in line 2 should say “and”.
Regarding claim 35, the word “or” in lines 11 and 25 should say “and”.
Regarding claim 36, the word “or” in line 5 should say “and”.
Regarding claim 39, the word “or” in line 4 should say “and”.
Regarding claim 41, the word “magazine” in line 5 should say “housing”.
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.
Claim(s) 27, 29-33, and 35-48 is/are 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 27 recites the limitation “a receptacle” in line 5. There is insufficient antecedent basis for this limitation in the claim because a receptacle of the floor plate was already recited in lines 15-16 of claim 25.
Regarding claim 29, the limitation “a first elongated section extending from substantially the proximal end to substantially the distal end of the housing” in lines 6-7 is a relative limitation which renders the claim indefinite because the term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Specifically, it is unclear as claimed as to what constitutes “substantially the proximal end” and “substantially the distal end” and what does not. Clarification is required.
Claim 30 recites the limitations “a corresponding flat or substantially flat portion” in lines 5-6 and “at least one arm portion” in line 7. There is insufficient antecedent basis for these limitations in the claim because a flat or substantially flat portion and an arm portion were already recited in lines 3 and 5, respectively, thereby rendering unclear whether “a corresponding flat or substantially flat portion” in lines 5-6 and “at least one arm portion” in line 7 refer to the previously recited limitations or to new limitations.
Regarding claim 32, the limitation “a first electrical bus plate substantially positioned within the floor plate assembly” in lines 2-3 is a relative limitation which renders the claim indefinite because the term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Specifically, it is unclear as claimed as to what would constitute being “substantially positioned within the floor plate assembly” and what would not. Clarification is required.
Claim 35 recites the limitation “a first side” in line 7. There is insufficient antecedent basis for this limitation in the claim because a first side of the housing was already recited in line 4 of the claim.
Further regarding claim 35, the structural relationship between the indentations and the magnetic sensors is unclear as claimed. Applicant first recites that “each indentation of the plurality of indentations is shaped and sized to receive a magnetic sensor” in lines 5-6, which suggests that the magnetic sensors are not a positively claimed limitation of the invention. Applicant then recites “the plurality of indentations comprising magnetic sensors” in lines 7-8, which suggests that the magnetic sensors are a positively claimed limitation of the invention. Clarification is required.
Still further regarding claim 35, the limitation “wherein the vertical portion is positioned at one end of the horizontal portion and extends proximally to the horizontal portion” in lines 18-19 is unclear as claimed. How can the vertical portion of the floor plate both be positioned at one end of the horizontal portion and extend proximally to the horizontal portion? Did applicant intend to claim that the vertical portion is positioned at one end of the horizontal portion and extends proximally from the horizontal portion, as described in paragraph [206]?
Claim 37 recites the limitation “a firearm” in line 3. There is insufficient antecedent basis for this limitation in the claim because a firearm was already recited in line 1 of claim 35.
Claim 41 recites the limitations “a rear end” in line 11, “the first channel” in line 12, and “the second channel” in line 13. There is insufficient antecedent basis for these limitations in the claim. First, a rear end of the housing was already recited in line 3. Second, while a channel was previously recited in line 7, a first channel and a second channel were not previously claimed, thus rendering unclear whether “the first channel” and “the second channel” refer to the previously claimed “channel” and/or to additional, separate limitations.
Further regarding claim 41, the limitation “a channel running along a first side of the housing from substantially the feed end of the housing to substantially the distal end of the housing” in lines 7-8 is a relative limitation which renders the claim indefinite because the term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Specifically, it is unclear as claimed as to what constitutes “substantially the feed end” and “substantially the distal end” and what does not. Clarification is required.
Claims 42, 43, 45, 46, 47, and 48 each recite the limitation “the channel” in lines 2, 2, 1, 1, 2, and 2, respectively. There is insufficient antecedent basis for this limitation in each of the claims because is unclear whether “the channel” refers to the channel, the first channel, and/or the second channel, which were each previously recited in claim 41.
Claim 43 further recites the limitation “a side cover” in line 1. There is insufficient antecedent basis for this limitation in the claim because a side cover was already recited in line 1 of claim 42.
Claim(s) 31, 33, 36, 38-40, and 44 is/are rejected for depending from an indefinite claim.
Claim Rejections - 35 USC § 102
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) 25, 34, and 41-48 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Czarnecki et al. (WO 2020/086598), herein ‘Czarnecki’, which was cites in the IDS filed 7/9/2024.
Regarding claim 25, Czarnecki discloses a magazine (104, 502) for a firearm (102), comprising:
a housing (Fig. 1; par. 74), the housing having a proximal end (Fig. 1; top end) and a distal end (Fig. 1; bottom end);
a follower (106) having at least one magnet (108);
a plurality of indentations formed in a first channel on a first side of the housing (Figs. 1 and 5; par. 74, 89; the sensor array of the magnetic sensors is integrated within the magazine 502 casing material, which would necessarily involve indentations of casing material to be made to receive the plurality of magnetic sensors), wherein each indentation of the plurality of indentations comprises a magnetic sensor (112, 504), and wherein the first channel is positioned adjacent a path of the at least one magnet when the follower moves along a length of the housing (Figs. 1 and 6; par. 91);
a first side cover positioned on the first side of the housing (Figs. 1 and 5; the first side cover being the material of the side of the magazine which covers the sensors), and wherein the plurality of indentations comprising the magnetic sensors are positioned between the first side cover and a bottom of the first channel (Figs. 1 and 5);
a floor plate assembly positioned at the distal end of the housing (Figs. 1 and 5), wherein the floor plate assembly comprises:
a floor plate (512), wherein at least a portion of the floor plate is positioned below an opening in the distal end of the housing (Figs. 1 and 5), and wherein the floor plate comprises a receptacle (Figs. 1 and 5-6; portion of floor plate into which NFC chip and/or sensing/processing circuitry is positioned); and
a lock plate (Figs. 1 and 5), and wherein the receptacle is shaped and sized to receive at least one power source (par. 65) and at least a portion of the lock plate (Fig. 5).
Regarding claim 34, Czarnecki discloses wherein the at least one power source comprises a battery inserted through a capped opening at one of a fore end and an aft end of the floor plate (par. 65, 82, 89, 127).
Regarding claim 41, Czarnecki discloses a round-counting magazine (104, 502; par. 89) comprising:
a housing (Figs 1 and 5) configured to hold a stack of two or more cartridges (508; Fig. 5) and having a feed end (Figs. 1 and 5; top end) opposite to a distal end (Figs. 1 and 5; bottom end), and a front end opposite to a rear end (Figs. 1 and 5);
an end plate (512) slidingly coupled to the distal end of the housing (Figs. 1 and 5; par. 89);
a follower (106) slidingly arranged within the housing and biased to feed the two or more cartridges toward the feed end of the housing (Fig. 1; par. 74);
a first channel running along a first side of the housing from the feed end of housing to the distal end of the housing (Figs. 1 and 5; the first channel comprising the hollow portion of the magazine which houses the array of sensors 504 and circuit board 510), the first channel aligned with a path traversed by one or more magnets (108) of the follower (Fig. 1; par. 74);
a recess intersecting the first channel and running along the first side of the housing between the first channel and the rear end of the housing (Fig. 5; the recess comprising the hollow portion of the magazine which houses the circuitry 506 and circuit board 510);
a plurality of magnetic sensors (504) arranged along the first channel (Fig. 5);
a first electrical bus arranged in a second channel (Fig. 5; the second channel comprising the hollow portion of the magazine which houses the wireless transmitter and circuit board 510) and configured to inductively draw power (par. 65) from a magazine well (Fig. 1) of a firearm (102);
a power assembly affixed to the end plate (Fig. 5; par. 89), the power assembly comprising:
a power storage device (par. 89, 93); and
a second electrical bus coupled between the power storage device, the first electrical bus, and the plurality of magnetic sensors (Fig. 5; par. 89, 93).
Regarding claim 42, Czarnecki discloses a side cover arranged over the first channel and the recess (Figs. 1 and 5; par. 89; the side cover being the material of the side of the magazine which covers the sensors).
Regarding claim 43, Czarnecki discloses a side cover arranged over and partially within at least one of the first channel and the recess (Figs. 1 and 5; par. 89; the side cover being the material of the side of the magazine which covers the sensors).
Regarding claim 44, Czarnecki discloses a side cover overmolded onto the plurality of magnetic sensors and the first electrical bus (Figs. 1 and 5; par. 89; the side cover being the material of the side of the magazine which covers the sensors).
Regarding claim 45, Czarnecki discloses wherein the first channel and the recess are on an outside of the housing (Figs. 1 and 5; par. 89; the side cover being the material of the side of the magazine which covers the sensors).
Regarding claim 46, Czarnecki discloses wherein the first channel and the recess are on an inside of the housing (Figs. 1 and 5; par. 89; the side cover being the material of the side of the magazine which covers the sensors).
Regarding claim 47, Czarnecki discloses wherein the plurality of magnetic sensors are arranged on a circuit board (510) within the first channel (Figs. 1 and 5; par. 89; the side cover being the material of the side of the magazine which covers the sensors).
Regarding claim 48, Czarnecki discloses wherein the plurality of magnetic sensors are fabricated directly to a material forming the first channel (Figs. 1 and 5; par. 89; the side cover being the material of the side of the magazine which covers the sensors).
Allowable Subject Matter
Claim(s) 26 and 28 is/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.
Claim(s) 27 and 29-33 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim(s) 35-40 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art neither discloses, nor provides a motivation of obviousness, for a magazine for a firearm, comprising: a housing, the housing having a proximal end and a distal end; a follower having at least one magnet; a plurality of indentations formed in a first channel on a first side of the housing, wherein each indentation of the plurality of indentations comprises a magnetic sensor, and wherein the first channel is positioned adjacent a path of the at least one magnet when the follower moves along a length of the housing; at least one side cover positioned on at least one side of the housing, including at least a first side cover positioned on the first side of the housing, and wherein the plurality of indentations comprising the magnetic sensors are positioned between the first side cover and a bottom of the first channel; a floor plate assembly positioned at the distal end of the housing, wherein the floor plate assembly comprises: a floor plate, wherein at least a portion of the floor plate is positioned below an opening in the distal end of the housing, and wherein the floor plate comprises a receptacle; and a lock plate, and wherein the receptacle is shaped and sized to receive at least one power source and at least a portion of the lock plate; and either: (a) wherein the floor plate comprises a first rail positioned around at least a portion of an outer circumference of the floor plate, and wherein the floor plate assembly further comprises: a floor plate retainer having a second rail and a third rail, wherein the second rail is configured to interface with the first rail of the floor plate, and wherein the third rail is positioned proximal to the second rail and is shaped and sized to interface with a corresponding rail or groove at the distal end of the housing, as required by dependent claim 26; (b) wherein: the floor plate comprises a vertical portion, wherein at least a portion of the vertical portion extends above the opening in the distal end of the housing; the lock plate comprises a body, an extension extending proximally from one end of the body, and a plurality of protrusions extending distally from the body, the extension having a recess that is shaped and sized to receive the vertical portion of the floor plate; and the receptacle comprises a plurality of ribs arranged at or near a proximal end of the receptacle; and wherein one or more of the plurality of protrusions are configured to abut one or more of the plurality of ribs, as required by dependent claim 28; or (c) a recess intersecting the first channel, wherein the recess extends along the first side of the housing between the first channel and one of a fore end and an aft end of the first side of the housing; wherein the first side cover comprises: a first elongated section extending from the proximal end to the distal end of the housing, wherein the first elongated section is arranged over or partially within the first channel comprising the plurality of indentations and magnetic sensors; and a second elongated section, wherein the second elongated section extends from the first elongated section towards one of the fore end and the aft end of the first side of the housing, and wherein the second elongated section is arranged over or partially within the recess, as required by dependent claim 29.
Additionally, the closest prior art neither discloses, nor provides a motivation of obviousness, for a magazine for a firearm, comprising: a housing, the housing having a proximal end and a distal end; a follower; a plurality of indentations formed in a first channel on a first side of the housing, wherein each indentation of the plurality of indentations is shaped and sized to receive a magnetic sensor; a first side cover positioned on the first side of the housing, wherein the plurality of indentations shaped and sized to receive the magnetic sensors are positioned between a bottom of the first channel and the first side cover; a second side cover comprising a proximal end and a distal end, the second side cover positioned on one of a front side and a rear side of the housing, wherein the second side cover comprises a second channel extending along at least a portion of a length of the second side cover; a circuit board; a floor plate assembly positioned at the distal end of the housing, wherein the floor plate assembly comprises: a floor plate having a horizontal portion and a vertical portion, wherein the vertical portion is positioned at one end of the horizontal portion and extends proximally from the horizontal portion; a lock plate, wherein at least a portion of the lock plate extends through the floor plate; wherein the vertical portion of the floor plate is configured to interface with the distal end of the second side cover; and wherein at least a portion of the circuit board is positioned in a gap between the vertical portion of the floor plate and one of the front and the rear side of the housing, as required by independent claim 35.
Conclusion
Claims 1-24 are cancelled. Claims 26 and 28 are objected. Claims 25, 27, and 29-48 are rejected.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN S GOMBERG whose telephone number is (571)272-4802. The examiner can normally be reached Monday - Friday 8:30 AM - 5:00 PM EST.
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/BENJAMIN S. GOMBERG/
Examiner
Art Unit 3641
Prosecution Insights