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 Arguments
Applicant's arguments filed 12/29/25 have been fully considered but they are not persuasive. Applicant contends that Wolf does not disclose the features of 1 and 10, particularly at least the features of “a secondary grip module portion attachable to the main grip module portion having a rearward end having structure with at least one projection having structure to engage with a recess at a forward end of the fire control unit frame”. Stating that; Wolf uses a different term for reference numeral 16, i.e. “unitary trigger frame”; this is irrelevant that the reference utilizes a different term in that the reference discloses all the elements as recited in the apparatus claim. Applicant contends that there is no disclosure in Wolf of a grip module having multiple portions that attach to each other, however Wolf clearly does disclose that portions 16 and 18 attach to each other and the secondary grip portion 16 has structure to engage with an unclaimed fire control unit frame (78).
Applicant contends that Porat does not disclose the features of independent claims 1 and 10, particularly at least the feature(s) of "a secondary grip module portion attachable to the main grip module portion having a rearward end having structure with at least one projection having structure to engage with a recess at a forward end of the fire control unit frame." Applicant’s arguments are narrower than the breadth of the current claims, it is noted that the claims are interpreted in their broadest reasonable interpretation. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The fact that module 200 of Porat covers the main grip portion (118) is irrelevant in that the claims require that “a secondary grip module portion attachable to the main grip module portion”; the claims do not require the grip portions to be attachable in a specific configuration as applicant appears to argue. It is further noted that the claims do not require a fire control unit frame but merely at least one projection having structure allowing it to engage with a fire control frame. The slide, hammer, recoil spring housing and trigger are all part of the fire control frame and bolt 226 (i.e. projection on 208a) draws the two sides together at the recoil spring housing.
Applicant contends that Harrigan does not disclose, teach or fairly suggest the features of independent claims 1 and 10, particularly at least the feature(s) of "a secondary grip module portion attachable to the main grip module portion." Applicant specifically contends that in Harrigan, the dust cover 170 (i.e., the claimed secondary grip module portion) is not attached or attachable to the main grip module portion. Rather, as shown in FIG. 11, the dust cover 170 (i.e., the secondary grip module portion) is connected directly to the sub receiver 134 (i.e., the fire control unit frame) via engagement of the posts 188, 190 within the recesses 164, 166, and via a set screw 198 that is threadedly received by the bore 186 in the front dust cover 170 and the bore 160 in the protrusion 158 (of the sub receiver 134 that fits in the slot 196 of the dust cover 170). It is however noted that the claims do not require that the secondary grip module portion be directly attachable to the main grip module portion, hence it being attachable via another element means the two elements are still attachable.
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) 1-6, 9-15 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wolf et al. (US 10,955,209). Wolf et al. discloses a grip module for a modular handgun having a separable fire control unit frame (78), the grip module comprising:
a main grip module portion (18) having structure with a cavity having structure to receive at least a portion of the fire control unit frame and a handgrip portion (20) having structure to receive an ammunition magazine, and
a secondary grip module portion (i.e. trigger frame 16) attachable to the main grip module portion having a rearward end having structure with at least one projection (50) having structure to engage with a recess at a forward end of the fire control unit frame.
2. The grip module of claim 1, wherein the secondary grip module portion
provides a recoil spring cover. (see Fig. 7)
3. The grip module of claim 1, wherein the secondary grip module portion
includes an accessory attachment rail (54).
4. The grip module of claim 1, wherein the main and secondary grip module
portions are attachable to each other with a sliding engagement. (Fig. 6A)
5. The grip module of claim 4, wherein the sliding engagement is longitudinal. (Fig. 6A)
6. The grip module of claim 4, wherein the sliding engagement includes a channel in at least one of the main grip module portion and the secondary grip module portion. (Fig. 6A)
9. The grip module of claim 1, wherein the main grip module portion includes at least one transverse opening (35) positioned to align with a transverse opening in the fire control unit frame to receive an assembly pin (48) to secure the fire control unit frame to the grip module.
10. A modular handgun, comprising:
a fire control unit frame having at least one recess at a forward end;
a grip module comprising:
a main grip module portion, that includes a cavity having structure to receive the frame and a handgrip portion that receives an ammunition magazine, and
a secondary grip module portion attachable to the main grip module
portion and having a rearward end having structure with at least one projection
having structure to engage with the recess of the frame when assembled. (see remarks above)
11. The grip module of claim 10, wherein the secondary grip module portion provides a recoil spring cover. (see remarks above)
12. The grip module of claim 10, wherein the secondary grip module portion includes an accessory attachment rail. (see remarks above)
13. The grip module of claim 10, wherein the main and secondary grip module portions are attachable to each other with a sliding engagement. (see remarks above)
14. The grip module of claim 13, wherein the sliding engagement is longitudinal. (see remarks above)
15. The grip module of claim 13, wherein the sliding engagement includes a channel in at least one of the main grip module portion and the secondary grip module portion. (see remarks above)
18. The grip module of claim 10, wherein the main grip module portion includes at least one transverse opening positioned to align with a transverse opening in the fire control unit frame to receive an assembly pin to secure the fire control unit frame to the grip module. (see remarks above)
Claim(s) 1, 8, 10, 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Porat (US Patent Application Publication 2018/0010880). Wolf et al. discloses a grip module for a modular handgun having a separable fire control unit frame, the grip module comprising:
a main grip module portion (100) having structure with a cavity having structure to receive at least a portion of the fire control unit frame and a handgrip portion (129) having structure to receive an ammunition magazine, and
a secondary grip module portion (200) attachable to the main grip module portion having a rearward end having structure with at least one projection (226) having structure to engage with a recess at a forward end of the fire control unit frame (Fig. 1 and 3).
7. The grip module of claim 1, wherein the main grip module portion and secondary grip module portion are attached together with a threaded fastener (126, 127, 226, 234).
10. A modular handgun, comprising:
a fire control unit frame having at least one recess at a forward end;
a grip module comprising:
a main grip module portion, that includes a cavity having structure to receive the frame and a handgrip portion that receives an ammunition magazine, and
a secondary grip module portion attachable to the main grip module
portion and having a rearward end having structure with at least one projection
having structure to engage with the recess of the frame when assembled. (see remarks above)
16. The grip module of claim 10, wherein the main grip module portion and secondary grip module portion are attached together with a threaded fastener.
Claim(s) 1-6, 8-15, 17 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Harrigan et al. (US 10,415,919). Harrigan discloses a grip module for a modular handgun having a separable fire control unit frame (134), the grip module comprising:
a main grip module portion having structure with a cavity having structure to receive at least a portion of the fire control unit frame and a handgrip portion (112) having structure to receive an ammunition magazine, and
a secondary grip module portion (170) attachable (via 134) to the main grip module portion having a rearward end having structure with at least one projection (184) having structure to engage with a recess (164, 166) at a forward end of the fire control unit frame.
2. The grip module of claim 1, wherein the secondary grip module portion
provides a recoil spring cover. (par. 1, lines 25-30)
3. The grip module of claim 1, wherein the secondary grip module portion
includes an accessory attachment rail (182).
4. The grip module of claim 1, wherein the main and secondary grip module
portions are attachable to each other with a sliding engagement (col. 7, lines 20-25).
5. The grip module of claim 4, wherein the sliding engagement is longitudinal. (Fig. 10-11)
6. The grip module of claim 1, wherein the sliding engagement includes a channel in at least one of the main grip module portion and the secondary grip module portion. (Figs. 10-11)
8. The grip module of claim 1, comprising a plurality of secondary grip module portions of different length. (col. 7, lines 55-60)
9. The grip module of claim 1, wherein the main grip module portion includes at least one transverse opening positioned to align with a transverse opening in the fire control unit frame to receive an assembly pin to secure the fire control unit frame to the grip module. (168, 122, 202)
10. A modular handgun, comprising:
a fire control unit frame having at least one recess at a forward end;
a grip module comprising:
a main grip module portion, that includes a cavity having structure to receive the frame and a handgrip portion that receives an ammunition magazine, and
a secondary grip module portion attachable to the main grip module
portion and having a rearward end having structure with at least one projection
having structure to engage with the recess of the frame when assembled. (see remarks above)
11. The grip module of claim 10, wherein the secondary grip module portion provides a recoil spring cover. (see remarks above)
12. The grip module of claim 10, wherein the secondary grip module portion includes an accessory attachment rail. (see remarks above)
13. The grip module of claim 10, wherein the main and secondary grip module portions are attachable to each other with a sliding engagement. (see remarks above)
14. The grip module of claim 13, wherein the sliding engagement is longitudinal. (see remarks above)
15. The grip module of claim 13, wherein the sliding engagement includes a channel in at least one of the main grip module portion and the secondary grip module portion. (see remarks above)
17. The grip module of claim 10, comprising a plurality of secondary grip module portions of different length. (see remarks above)
18. The grip module of claim 10, wherein the main grip module portion includes at least one transverse opening positioned to align with a transverse opening in the fire control unit frame to receive an assembly pin to secure the fire control unit frame to the grip module. (see remarks above)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELLE CLEMENT whose telephone number is (571)272-6884. The examiner can normally be reached M-F 10-6.
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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/MICHELLE CLEMENT/Primary Examiner, Art Unit 3641
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