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 with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on the references as applied in the prior rejection of record for the teaching or matter specifically challenged in the argument. (i.e. applicant remarks are directed to the 35 U.S.C. 102 of the previous Office Action stating that the prior art does not anticipate the current amended claims whereas the amended claims are currently rejected under U.S.C. 103)
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 20 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 20 contains the trademark/trade name M-LOK®. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe a slot-based interface rail and, accordingly, the identification/description is indefinite.
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) 1-13, 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zimmer (US 11,060,820) in view of Meissen et al. (US 11,906,267). Zimmer discloses an apparatus (100, 200, 300, 400, 500) for providing electrical power to and communicating data and control signals among weapon accessory devices disposed on a handguard having a weapon rail interface and a plurality of slots (col. 4, lines 6-7), the apparatus comprising: a control module (col. 6, lines 45-50) attachable to the handguard via at least one of the plurality of slots of the handguard, the control module comprising: a processor (Fig. 6); a power supply (110) operably coupled to the processor; and a control module connector element (130, 140, 550) adapted to extend through the at least one of the plurality of slots via which the control module is attachable to the weapon rail interface; at least one insert comprising an insert connector element (134a/b, 144a/b, 562a/b), the at least one insert adapted for operative coupling with a weapons accessory device (102, 104, 204, 304, 404, 504), wherein the processor of the control module comprises a communications interface (112, 504) for data communication with the at least one insert; and at least one cable (120, 564) comprising connector ends (122a/b, 562a/b) on either end of the at least one cable, wherein the connector ends are adapted to couple to at least the control module connector element of the control module and the insert connector element of the at least one insert. Zimmer discloses the control module connector element adapted to extend through the at least one of the plurality of slots via which the control module is attachable to the weapon rail interface, wherein the control module is configured to detachably engage an elongated slot formed through a wall of the handguard (col. 4, lines 6-7), and but does not expressly disclose the control module connector element extends through the elongated slot into an interior of the handguard, however Meissen et al. does. Meissen et al. teaches an accessory and control module for a handguard including negative space mounting slots, wherein the connector elements (68) extend through the elongated slot into an interior of the handguard (col. 3, lines 1-11). All the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded the predictable results of allowing the apparatus of Zimmer to be mounted onto the handguard as disclosed by Zimmer since extending connector elements is the easiest, and most popular way, to install accessories on negative space mounting slot handguards and there would have been a reasonable expectation of success.
2. The apparatus of claim 1, wherein the control module further comprises a power interface (112) for operably connecting the power supply of the control module.
3. The apparatus of claim 1, wherein: the at least one cable comprises at least two cables (120, 160); the connector ends are further adapted to couple to the weapons accessory device; and the operative coupling of the at least one insert with the weapons accessory device is via one of the at least two cables.
4. The apparatus of claim 1, wherein the weapons accessory device with which the at least one insert is adapted for operative coupling is selected from the group consisting of a flashlight, a laser package, an optical sight, and a fire control system. (col. 3, line 48)
5. The apparatus of claim 1, further comprising at least one of the weapons accessory device with which the at least one insert is adapted for operative coupling, wherein the at least one weapons accessory device is one or more selected from the group consisting of a flashlight, a laser package, an optical sight, and a fire control system. (col. 3, line 48)
6. The apparatus of claim 1, wherein the control module connector element comprises connector receptacles that engage with the connector ends of the at least one cable. (Fig. 1)
7. The apparatus of claim 1, wherein the insert connector element comprises connector receptacles that engage with the connector ends of the at least one cable. (Fig. 1, 5)
8. The apparatus of claim 7, wherein the at least one insert further comprises a housing attached to the insert connector element with at least one electrical contact electrically coupled to connector receptacles for transmitting power and data signals. (Fig. 1, 5)
9. The apparatus of claim 8, wherein the at least one electrical contact is four electrical contacts, a first of which is electrically coupled to the ground/negative terminal of the power supply; a second of which is electrically coupled to a data line that carries positive signals for transmitting data between devices; a third of which is electrically coupled to a data line that carries negative signals for transmitting data between devices; and a fourth of which is electrically coupled to the voltage/positive terminal of the power supply. (Fig. 1B, 5B)
10. The apparatus of claim 8, wherein the housing has at least one upper peripheral flange. (upper side, Fig. 1B, 5B)
11. The apparatus of claim 10, wherein the at least one upper peripheral flange has a beveled edge. (Fig. 1B, 5B)
12. The apparatus of claim 10, wherein: Meissen et al. teaches the at least one insert further comprises at least one retention clip (68) with an extending tab portion (68A) and a threaded fastener around which the at least one retention clip is rotatable (Fig. 4); a channel is defined between the at least one upper peripheral flange and the extending tab portion of the at least one retention clip; and rotation of the retention clip around the threaded fastener allows for tightening and loosening of the at least one insert within the elongated slot of the weapon rail interface. (col. 3, lin3s 1-22)
13. The apparatus of claim 12, wherein at least one corner of the at least one retention clip is rounded to permit retention clip to rotate when the threaded fastener is rotated. (Meissen et al. Fig. 4)
15. The apparatus of claim 12, further comprising at least one cable extender. (Zimmer Fig. 1)
16. The apparatus of claim 1, further comprising an accessory controller device electrically coupled to the at least one insert and the control module, wherein the accessory controller device comprises a plurality of buttons (Fig. 1B, 5B) for controlling operation of the weapons accessory device with which the at least one insert is adapted for operative coupling.
17. The apparatus of claim 1, further comprising an optics riser (150) operatively coupled to the weapons accessory device with which the at least one insert is adapted for operative coupling and to the at least one cable.
18. The apparatus of claim 1, further comprising the handguard comprising the weapons rail interface (Meissen et al. Fig. 5) and having a plurality of slots adapted to receive a weapons accessory device.
19. The apparatus of claim 1, wherein the communications interface of the processor is a wireless interface (col. 13, lines 50-55).
20. The apparatus of claim 18, wherein the weapon rail interface comprises an interface selected from the group consisting of an M-LOK interface and a slot-based interface having elongated through-slots. (Zimmer col. 4, lines 6-7, Meissen et al. col. 2, line 60)
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zimmer and Meissen et al. as applied to claims 1, 7, 8, 10 and 12 above, and further in view of Mayberry et al. (US 11,536,535). Zimmer and Meissen et al. disclose the claimed invention but do not expressly disclose at least one corner of the at least one retention clip (i.e. nut) is squared to act as a stop to prevent the retention clip from rotating when the threaded fastener is rotated, however Mayberry et al. does. Mayberry et al. teaches a variety of retention clips/nuts/second fasteners having various shapes for various negative space elongated slot weapon rail interface systems, each shape is designed to keep the nut from turning to an undesirable position, one of the shapes showing at least one corner being squared (Fig. 25, 31). The claim would have been obvious because the substitution to one known element for another would have yielded the predictable results of allowing the apparatus to be used on different shapes of slotted rails to one of ordinary skill in the art and there would have been a reasonable expectation of success.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 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.
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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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/MICHELLE CLEMENT/Primary Examiner, Art Unit 3641
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