Detailed Action
The following is a final rejection made in response to amendments and remarks received on September 11th 2026. 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 Applicant’s Amendments and Remarks
In view of the amendments made to the claims, the Examiner withdraws the previous art rejection applied in the non-final action dated June 18th 2026. New prior art is being presented in this final action on the merits explaining how and why the claims remain in unpatentable form. A set of amendments amending the claims into independent form, based on claims indicated as allowable in this action, may be submitted as after-final amendments. So long as there are no additional independent claims that require new consideration on the merits, such an amendment will be entered by the Examiner in order to facilitate allowance of the claims.
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.
The claims cited in this section are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Pat. No. 6,745,755 (hereinafter referred to “VALTRO” or simply as “the reference”).
Regarding claim 1, Valtro teaches a propulsion module for a projectile launcher (see Figs. 1 and 6) comprising: a valve assembly (15); and a distribution module (via front cylinder 17 and rear cylinder 18) in fluid communication with the valve assembly (see Fig. 6), wherein the distribution module is configured to adjust to selectively provide a propellant to one or more projectiles (the reference describes how a single trigger pull turns front cylinder 17 by an eight of a rotation and then subsequently allows gas to be vented through the valve assembly1), wherein the distribution module is configured to adjust by a physical movement of the distribution module from a first position to a second position (movement is facilitated via spring levers 25), and wherein the fluid communication between the valve assembly and the distribution module is maintained throughout the physical movement from the first position to the second position (the valve assembly 15 remain in direct contact with the cylinders 17, 18 during actuation of the trigger).
Regarding claims 2 and 3, Valtro teaches that the physical movement comprises a rotational movement (the reference teaches that the cylinder “rotates one eight of a turn”) and that the second position is circumferentially offset from the first position (each opening of the cylinders is “circumferentially offset”, see Figs. 2 and 3).
Regarding claim 12, Valtro teaches a handle for a projectile launcher comprising a body (10) defining a bay (the ‘bay’ is simply the interior of the launcher, see Fig. 6); a propulsion module (see Figs. 1 and 6) disposed within the body proximate the bay, wherein the propulsion module comprises: a valve assembly (15); and a distribution module (via front cylinder 17 and rear cylinder 18) in fluid communication with the valve assembly (see Fig. 6), wherein the distribution module is configured to adjust to selectively provide a propellant to one or more projectiles (the reference describes how a single trigger pull turns front cylinder 17 by an eight of a rotation and then subsequently allows gas to be vented through the valve assembly2), wherein the distribution module is configured to adjust by a physical movement of the distribution module from a first position to a second position (movement is facilitated via spring levers 25), and wherein the fluid communication between the valve assembly and the distribution module is maintained throughout the physical movement from the first position to the second position (the valve assembly 15 remain in direct contact with the cylinders 17, 18 during actuation of the trigger).
Regarding claim 13, Valtro teaches that in the first position the distribution module is configured to provide the propellant to a first group of projectiles from the one or more projectiles, and wherein in the second position the distribution module is configured to provide the propellant to a second group of projectiles from the one or more projectiles (the first and second positions are achieved by spring levers 25 that work in conjunction with the trigger mechanism; the reference teaches that upon a trigger pull the front cylinder 17 is rotated by a fraction of a rotation such that a projectile loaded in one of the circumferential openings is loaded into battery position while the initial opening is rotated out; the first position is considered to “provide the propellant to a first group of projectiles from the one or more projectiles” and the second position is configured to “provide the propellant to a second group of projectiles from the one or more projectiles”).
Regarding claim 14, Valtro teaches that the distribution module is configured to rotate from the first position to the second position (the reference teaches that the cylinder “rotates one eight of a turn”).
Regarding claim 15, Valtro teaches that the distribution module comprises an outlet (via barrel 19), and wherein responsive to rotation of the distribution module the outlet is configured to align with a different group of projectiles from the one or more projectiles (as the front cylinder 17 rotates, the projectile stationed within the opening that has been rotated into battery position is axially aligned with the barrel 19; see Fig. 6).
Allowable Subject Matter
Claims 19-20 are allowed.
Claims 4-11 and 16-18 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.
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 extension fee 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.
While the Examiner is available via telephone to help resolve administrative issues regarding a patent application, Applicants are encouraged to consider utilizing the USPTO’s Inventor Assistance Center for general administrative and/or procedural matters at 800-786-9199. 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 and may be submitted for the record along with any other response to this action. In accordance with current USPTO policy, this form must be submitted on the record prior to internet communications being authorized. A written statement by the Applicant authorizing internet communications on the record is not sufficient. In the event that a telephone conversation would be the easiest means of resolving issues related to the subject matter of a pending patent application, the Examiner may be reached by telephone at 303-297-4454. Interviews will not be granted after issuance of a final rejection unless it is to discuss an amendment that either places the application in condition for allowance or simplifies issues for appeal.
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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/Samir Abdosh/
Primary Examiner, Art Unit 3641
1 see col. 3, ll. 2-21; “with each complete pressure of the trigger 11, the front cylinder 17 rotates one eighth of a turn, while the rear cylinder 18 remains stationary, held back elastically by its alignment lever 25. At the end of the course of the trigger, the firing mechanism 13 allows a certain quantity of gas to be vented by the valve 15. The gas passes through the aperture 18" of the rear cylinder 18 and fires the shot from the front cylinder 17 aligned with said aperture. Continuing to fire, the front cylinder rotates while the rear cylinder remains stationary. Once the eighth shot has also parted, the small peg 21 of the front cylinder 17, which up to this time was siding in the incomplete groove 22 of the rear cylinder 18, reaching capacity, forces the latter to rotate together with the front cylinder 17, overcoming the resistance of the alignment lever proper 25. With each pressure on the trigger, the loaded chambers of the rear cylinder 18 align with spent chambers of the cylinder 17 and consequently with the barrel 19. The shot fired by the gas first passes through the chamber proper, then the chamber of the front cylinder and then the barrel.”
