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 Amendment
Pursuant to the applicant’s response filed 04 March 2026, the request for continued examination has been accepted and the amendments to the claims have been entered into the application. By this amendment, claims 3-4, 8, 12-13, & 17 are cancelled, claims 21-24 have been added, and claims 1-2, 5-7, 9-11, 14-16, & 18-24 are currently pending in the application. The rejections have been updated to address the newly added claims, and the arguments presented by the applicant are addressed below.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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.
Claim(s) 1-2, 5-7, 9-11, 14-16, and 18-24 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by U.S. Pre-Grant Publication 2018/0087854 by Gray (Gray).
Regarding claim 1, Gray discloses an upper receiver and lower receiver assembly for a firearm (See at least Figures 1-5, clearly illustrated), said assembly comprising: an upper receiver (104) comprising a body having a rearward end and a first engagement surface proximate to said rearward end (See at least Figure 1, clearly illustrated), said first engagement surface comprising at least one projection (204, See at least Paragraph 0040); and a lower receiver (106) comprising a housing configured to couple with said upper receiver (See at least Figure 1, clearly illustrated), said housing having a rearward end and a second engagement surface proximate to said rearward end, said second engagement surface defining a recess adapted to receive said first engagement surface to provide an interlocking relationship between said upper and lower receivers (See at least Figure 1, clearly illustrated), said second engagement surface comprising at least one notch (206, See at least Paragraph 0040), wherein each notch of said at least one notch is configured to receive a respective projection of said at least one projection (204 & 206, See at least Paragraph 0040), wherein each notch of said at least one notch is configured to receive a respective projection of said at least one projection (204 & 206, See at least Paragraph 0040), wherein each respective projection and notch configured to receive said respective projection are configured to interlock in a close clearance condition (See at least Paragraphs 0037-0043, the term “close clearance condition” has not been separately defined by the applicant and given the broadest reasonable interpretation would mean that there is sufficient play in the joint between the specified elements to allow pivoting of the components relative to one another, which appears to be clearly met by the reference as described and illustrated, additionally, the examiner notes that the term “interlock” means to become locked together or interconnected or to connect so that the motion or operation of any part is constrained by another, and once the upper receiver and lower receiver are joined and just prior to joining when the projection first enters the recess, clearly the components would be “interlocked”), wherein said close clearance condition allows said lower receiver to pivot relative to said upper receiver until a surface of said respective projection contacts a surface of said notch that receives said respective projection (204 & 206, See at least Figures 1-5 and Paragraphs 0037-0043, all aspects clearly illustrated and disclosed, clearly the upper receiver and lower receiver are able to pivot relative to one another during assembly as shown in at least Figure 5).
Regarding claim 2, Gray further discloses wherein said first engagement surface is positioned inwardly of an exterior surface of said body of said upper receiver, and wherein said second engagement surface is positioned inwardly of an exterior surface of said housing of said lower receiver (See at least Figures 1-5, clearly illustrated).
Regarding claim 5, Gray further discloses wherein said first engagement surface further comprises a first sidewall and said second engagement surface further comprises a second sidewall, wherein said respective projection is integrally formed with said first sidewall, and said notch configured to receive said respective projection is defined within said second sidewall (204 and 206, See at least Figure 2, and Paragraph 0040).
Regarding claim 6, Gray further discloses wherein said respective projection comprises a first locking surface and said notch configured to receive said respective projection comprises a second locking surface (204 and 206, See at least Figure 2, and Paragraph 0040).
Regarding claim 7, Gray further discloses wherein said first locking surface is a forward surface of said respective projection and said second locking surface is a forward surface of said notch configured to receive said respective projection (204 and 206, See at least Figure 2, and Paragraph 0040).
Regarding claim 9, Gray further discloses wherein said at least one projection comprises a first projection and a second projection, and wherein said at least one notch comprises a first notch and a second notch that are each configured to receive a respective one of the first projection and the second projection (204 and 206, See at least Figure 2, and Paragraph 0040).
Regarding claim 10, Gray discloses a firearm, said firearm comprising: a barrel; a stock; a firing mechanism (See all Figures, all aspects clearly illustrated); and an upper receiver and lower receiver assembly configured to connect to said barrel, said stock, and said firing mechanism (See at least Figure 12, clearly illustrated), said assembly comprising: an upper receiver comprising a body having a rearward end and a first engagement surface proximate to said rearward end, said first engagement surface comprising at least one projection, and a lower receiver comprising a housing configured to couple with said upper receiver, said housing having a rearward end and a second engagement surface proximate to said rearward end, said second engagement surface defining a recess adapted to receive said first engagement surface to provide an interlocking relationship between said upper and lower receivers, said second engagement surface comprising at least one notch, wherein each notch of said at least one notch is configured to receive a respective projection of said at least one projection, wherein each notch of said at least one notch is configured to receive a respective projection of said at least one projection, wherein each respective projection and notch configured to receive said respective projection are configured to interlock in a close clearance condition, wherein said close clearance condition allows said lower receiver to pivot relative to said upper receiver until a surface of said respective projection contacts a surface of said notch that receives said respective projection (See previous rejections, limitations addressed above).
Regarding claim 11, Gray further discloses wherein said first engagement surface is positioned inwardly of an exterior surface of said body of said upper receiver, and wherein said second engagement surface is positioned inwardly of an exterior surface of said housing of said lower receiver (See at least Figures 1-5, clearly illustrated).
Regarding claim 14, Gray further discloses wherein said first engagement surface further comprises a first sidewall and said second engagement surface further comprises a second sidewall, wherein said respective projection is integrally formed with said first sidewall, and said notch configured to receive said respective projection is defined within said second sidewall (204 and 206, See at least Figure 2, and Paragraph 0040).
Regarding claim 15, Gray further discloses wherein said respective projection comprises a first locking surface and said notch configured to receive said respective projection comprises a second locking surface (204 and 206, See at least Figure 2, and Paragraph 0040).
Regarding claim 16, Gray further discloses wherein said first locking surface is a forward surface of said respective projection and said second locking surface is a forward surface of said notch configured to receive said respective projection (204 and 206, See at least Figure 2, and Paragraph 0040).
Regarding claim 18, Gray further discloses wherein said at least one projection comprises a first projection and a second projection, and wherein said at least one notch comprises a first notch and a second notch that are each configured to receive a respective one of the first projection and the second projection (204 and 206, See at least Figure 2, and Paragraph 0040).
Regarding claim 19, Gray discloses a method of assembling an upper receiver and lower receiver assembly for a firearm, said method comprising: aligning an upper receiver and a lower receiver, said upper receiver comprising a body having a rearward end and a first engagement surface proximate to said rearward end, said first engagement surface comprising at least one projection, said lower receiver comprising a housing having a rearward end and a second engagement surface proximate to said rearward end, said second engagement surface comprising at least one notch; and coupling said upper receiver to said lower receiver by inserting said first engagement surface into a recess defined by said second engagement surface and by inserting each protection of said at least one projection into a respective notch of said at least one notch to interlock in a close clearance condition, wherein said first and second engagement surfaces provide an interlocking relationship between said upper and lower receivers, wherein said close clearance condition allows said lower receiver to pivot relative to said upper receiver until a surface of said respective projection contacts a surface of said notch that receives said respective projection (See previous rejections, limitations addressed above, and at least Figure 5, method steps clearly illustrated).
Regarding claim 20, Gray further discloses wherein said first engagement surface comprises at least one projection integrally formed with a first sidewall and said second engagement surface comprises at least one notch defined within a second sidewall, wherein said upper receiver and said lower receiver are coupled by inserting each projection of said at least one projection into a respective notch of said at least one notch (204 and 206, See at least Figure 2, and Paragraph 0040).
Regarding claim 21, Gray further discloses wherein each notch of said at least one notch comprises a rearward surface and each projection of said at least one projection comprises a rearward surface, wherein, in said close clearance condition, said assembly further comprises a first gap between said rearward surface of said notch and said rearward surface of said projection (Understood that for the components to function as illustrated in the figures of the reference, there would have to be a gap between the listed elements, since the reference does not state that the components are mated using an interference fit).
Regarding claim 22, Gray further discloses wherein each notch of said at least one notch comprises a forward surface and each projection of said at least one projection comprises a forward surface, wherein, in said close clearance condition, said assembly further comprises a second gap between said forward surface of said notch and said forward surface of said projection (Understood that for the components to function as illustrated in the figures of the reference, there would have to be a gap between the listed elements, since the reference does not state that the components are mated using an interference fit).
Regarding claim 23, Gray further discloses wherein said housing of said lower receiver comprises a first vertical exterior surface, wherein, in said close clearance condition, said assembly further comprises a third gap between said rearward end of said upper receiver and said first vertical exterior surface of said lower receiver (Understood that for the components to function as illustrated in the figures of the reference, there would have to be a gap between the listed elements, since the reference does not state that the components are mated using an interference fit).
Regarding claim 24, Gray further discloses wherein said first engagement surface of said upper receiver further comprises a first sidewall, and said upper receiver further comprises a surface adjacent the first sidewall, wherein said lower receiver further comprises a second vertical exterior surface, wherein, in said close clearance condition, said assembly further comprises a fourth gap between said surface of said upper receiver and said second vertical exterior surface of said lower receiver (Understood that for the components to function as illustrated in the figures of the reference, there would have to be a gap between the listed elements, since the reference does not state that the components are mated using an interference fit).
Response to Arguments
In response to the applicant’s argument that Gray does not disclose any ability of the lower receiver to pivot relative to the upper receiver when the notch and respective projection are “interlocked”, the examiner offers the following: the term “interlock” means “to become locked together or interconnected” or “to connect so that the motion or operation of any part is constrained by another”, and once the upper receiver and lower receiver are joined, clearly the components would be “interlocked” and just prior to joining when the projection first enters the recess, the components would be “interlocked”. Figure 5 of the application clearly illustrates a pivoting motion of the upper receiver and lower receiver during assembly, which would include the same movements once the projections enter the recesses. This would be similar to how the teeth on two gears would mesh together to transfer motion between the elements, and when the elements are meshed together, they would be considered to be interlocked. Therefore, the examiner maintains that the reference meets the claimed limitations.
Further, the examiner notes that the elements must be arranged as required by the claim, but this is not an ipsissimis verbis test, i.e., identity of terminology is not required. In re Bond, 910 F.2d 831, 15 USPQ2d 1566 (Fed. Cir. 1990). See MPEP § 2131.
No other arguments were presented by the applicant.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN C WEBER whose telephone number is (571)270-5377. The examiner can normally be reached M-F 8AM-5PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/Jonathan C Weber/Primary Examiner,
Art Unit 3641
JONATHAN C. WEBER
Primary Examiner
Art Unit 3641