Detailed Action
The following is a second non-final rejection made in response to the Applicant’s response received on June 4th 2026. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Examiner’s Response to Applicant’s Amendments/Remarks
The Examiner has reviewed the Applicant’s response to the non-final rejection and withdraws the previous non-final rejection. A new rejection based on prior art has been provided in view of the fact that the claims remain in original form. This second action on the merits is considered to be non-final.
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. 7,861,704 (hereinafter referred to as “SUNWORLD INDUSTRIAL CO.”, “SUNWORLD”, or simply as “the reference”).
Regarding claim 1, Sunworld teaches a propulsion module for a projectile launcher (paintball guns; see abstract) comprising: a valve assembly (4, 8); and a distribution module (via launch tube 2) in fluid communication with the valve assembly (see Figs. 1-3), wherein the distribution module is configured to adjust to selectively provide a propellant to one or more projectiles and wherein the distribution module is configured to adjust by a physical movement of the distribution module from a first position to a second position (as shown in Figs. 1-3, pressurized air from gas cylinder 6 enters the system through regulator 4, whereby pressurized air is accumulated and stored within chambers 12 and 422 sequentially; after this step, the system enters its percussion phase whereby launch tube 2 is thrust forward and allows pressurized air stored in chamber 12 to be released through said tube to propel a chambered paintball).
Regarding claims 4 and 5, Sunworld teaches that the physical movement comprises axial translation wherein the second position is axially offset from the first position (Figs. 2 and 3 illustrate how the launch tube 2 is axially displaced from a first position to a second position during release of the compressed gas).
Regarding claim 12, Sunworld teaches a handle for a projectile launcher comprising: a body (1) defining a bay (via the hollow tubular opening shown in Figs. 1-3); and a propulsion module disposed within the body proximate the bay (the propulsion module includes hollow tube 2, regulator 4, as well as pressure accumulation chambers shown in Figs. 1-3), wherein the propulsion module comprises: a valve assembly (4, 8); and a distribution module (via launch tube 2) in fluid communication with the valve assembly (see Figs. 1-3), wherein the distribution module is configured to adjust to selectively provide a propellant to one or more projectiles and wherein the distribution module is configured to adjust by a physical movement of the distribution module from a first position to a second position (as shown in Figs. 1-3, pressurized air from gas cylinder 6 enters the system through regulator 4, whereby pressurized air is accumulated and stored within chambers 12 and 422 sequentially; after this step, the system enters its percussion phase whereby launch tube 2 is thrust forward and allows pressurized air stored in chamber 12 to be released through said tube to propel a chambered paintball).
Regarding claim 17, Sunworld teaches that the distribution module (i.e. launch tube 2) is configured to translate from the first position to the second position (see Figs. 2 and 3).
Allowable Subject Matter
Claims 19-20 are allowed.
Claims 2-3, 6-11, 13-16, and 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
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 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. Once authorization is submitted, the Applicant may contact the Examiner at samir.abdosh@uspto.gov. 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
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