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 . This action is in response to Application #18/785,558 and response filed on 05 November 2025.
Election/Restrictions
Applicant’s election without traverse of Claims 1-12, 21 in the reply filed on 11/05/2025 is acknowledged.
Drawings
The drawings are objected to because Figure 3 shows the first recess 60 as the outermost recess. Figure 5 shows first recess 60 as the central recess. The Specification appears to confirm that Fig. 5 is the correct orientation (Par. 23). It appears that Fig.3 should show the recess as either 62 or 63 depending on how the pivot pin 40 is rotated. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following: Paragraph 23 describes the articulating mount structure and operation regarding the first (60), second (62) and third recesses (63) in the pivot pin (40). It is detailed the first recess (60) is deeper in depth than the second (62) and third (63) which are the same depth. In one configuration of the pivot pin, the first recess is the use position, and the second recess is the storage position, and the third recess is not used. This makes the use position the position requiring the greatest force to move from use to storage. In the second configuration of the pivot pin, the first recess is the storage position and the third recess is the use position, making the storage position requiring of the greater force to move. This arrangement requires the pin to be constructed with recesses (60, 62, 63) as shown in Fig.5, with the first recess (60) located in between the second (62) and third (63) recesses. This appears to be written and drawn correctly.
However, the last sentence of Paragraph 23 contradicts the rest of Paragraph 23. It appears the last sentence should read: “In the second configuration the detent mechanism 42 engages the third recess 63 in the use position, engages the first recess 60 in the storage position, and does not engage the second recess 62 in either the use position or the storage position.”
Since the first recess is described as being of the greatest depth, and the reason given for the reconfigurable pin is so that one of the storage or use positions will require greater force, the first recess must be used in both configurations. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 4, 21 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claims 4 and 21 recite “…pivot pin is reconfigurable relative to the base portion and the upper portion such that the detent mechanism engages the second recess in the use position, engages the third recess in the storage position, and does not engage the first recess in either the use position or the storage position. This limitation is inconsistent with the content of Paragraph 23 of the Specification. It is unclear if the Specification is in error or the claims, and the structural relationships and operation of the claimed configuration is not enabled by the Specification.
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.
Claim(s) 1-2, 5-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Application Publication 2014/0137457 to Collin et al (Collin).
Regarding Claim 1, Collin discloses an articulating mount for a weapon sight accessory movable between a use position and a storage position (see at least figs. 5-6), the mount comprising:
a base portion (24) having a mounting assembly configured to secure to an accessory rail (14, see fig.5) and a side wall extending from the mounting assembly (see fig.2, where A line is drawn and below and surrounding 60);
an upper portion coupled to the base portion for rotation relative thereto and having an accessory mount (16);
a pivot pin (38) coupling the base portion to the upper portion (see figs.1-4), the pivot pin being secured to the upper portion for rotation therewith relative to the base portion (see figures); and
a detent mechanism disposed in the base (62);
wherein the pivot pin includes recesses formed in an end segment of thereof (60/70, see figures and at least paragraph 36), and the detent mechanism is arranged to engage a first recess of the recesses in the use position, and engage a second recess of the recesses in the storage position (at least paragraph 36).
Regarding Claim 2, see Figs.1 and 3 for base bore (30/32) and the upper portion bore (48), pin extending therethrough (fig.3).
Regarding Claim 5, Collin discloses the base portion includes a first bore including a first section on a first side of the upper portion and a second section on a second side of the upper portion (see fig.1, 30/32).
Regarding Claims 6-9, Collin discloses the first section has a first diameter and the second section has a different second diameter (first diameter 32, second diameter see fig.4 where the end of pin 40 stops, the bore narrows);
wherein the second section includes a pocket (claim 7: see fig.4, at 30);
further comprising an O-ring and spacer rings (claim 8: see figs. 1, 3-4; 80; see at least paragraph 38);
wherein the upper portion includes a bore configured for receiving the pivot pin, wherein the bore and pivot pin include a spline interface (claim 9: fig.1, 44 shows splines on the pin, bore not shown, see at least paragraph 34).
Regarding Claim 10, Collin discloses the detent mechanism includes a bore formed in the base portion having a threaded section, a threaded retainer disposed in the bore, a spring disposed in the bore and supported by the retainer, and a ball disposed in the bore and supported on the spring (see figs. 1, 3, 62/64/68).
Regarding Claim 11, Collin discloses the bore arranged perpendicular to the pivot pin (see figs. 1, 3).
Regarding Claim 12, Collin discloses the articulating mount is part of a weapon sight system further including the rail, the weapon sight accessory, and a weapon sight (fig.5);
wherein the accessory rail defines a centerline (see fig.5);
the weapon sight supported on the accessory rail, the weapon sight comprising a sight window having a first line-of-sight axis extending therethrough, the sight window disposed at a first height above the accessory rail, the weapon sight having a width; an articulating accessory mount supported on the accessory rail (see fig.5);
the weapon sight accessory is supported on the articulating mount, the weapon sight accessory having a second line-of-sight axis, the articulating mount configured to move the weapon sight accessory between the use position and the storage position by pivoting about a pivot axis formed by the pivot pin (see at least paragraph 36, fig.6),
wherein, in the use position, the first line-of-sight axis and the second line of sight axis are aligned (fig.5) and in the storage position, the sight window is unobstructed by the weapon sight accessory or the articulating accessory mount (fig.6).
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 2014/0137457 to Collin et al (Collin).
Regarding Claim 3, Collin discloses the mount of claim 1 but does not specifically disclose the base portion comprises: a rotation stop extending from the side wall configured to limit rotation of the upper portion relative to the base portion, and wherein the upper portion comprises another rotation stop configured to contact the rotation stop of the base portion in the use portion.
Collin discloses a rotation stop on the upper portion configured to contact the base portion in the use position (shown but not labeled, see fig.2, under 16 contacting base 10, and seen in fig.6 on the bottom surface central of 16). Collin discloses a rotation stop located on the upper portion configured to contact the base portion to limit rotation of the upper portion in the storage position as well (shown but not labeled, see fig.1, see extension located between the lines of 46 and 48). Collin teaches and discloses rotation stops, located in different locations on the articulating mount. However, it would have been an obvious engineering design choice to one having ordinary skill to modify the mount of Collin to have the rotation stops contact each other, one on the base and one on the upper portion as a rearrangement of the essential working parts of the invention with a reasonable expectation of success.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see US Patent Application Publication 2024/0027170 as it is of particular relevance, as well as attached PTO-892 for pertinent art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN D COOPER whose telephone number is (571)270-3998. The examiner can normally be reached M-F: 7:30 - 4:30 MST.
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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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/JOHN COOPER/Primary Examiner, Art Unit 3641