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 .
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) 1-7 and is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Larsson, WO 2023/249525.
Regarding claim 1, Larsson discloses a pistol comprising: a frame (disclosed in line 31 of page 15); an elongated slide (405) operable to reciprocate on the frame and having a top surface (420); a slide recess (430) defined in the top surface and having a forward edge (435) and a rear edge (425); the rear edge including a forward-facing stop surface (surface of the rear edge which meets the floor 430); a spacer element (605 is shown in figure 12 as a spacer element. It is understood that 605 is an embodiment of 305 and therefore, positioning of 605 with respect to the slide will be referred to with respect to 305 in figures 10 and 11) connected to the elongated slide at the forward edge (figures 10 and 11) and having a spacer rear surface (620a); the spacer element having a predetermined linear dimension (the dimension of 605 from front surface to back surface) configured to define a resulting recess length between the spacer rear surface and the rear edge of the slide recess (figure 11 for example); and the elongated slide having an optic attachment facility (440 with floor 430 inter alia) at the slide recess configured to receive an optical element (500) having a length closely received between the spacer element and the rear edge of the slide recess in abutment with the rear edge of the slide recess (figure 11).
Regarding claim 2, Larsson further discloses the spacer element is a sight (figures 12 and 13 show 605 and 705 as a sight).
Regarding claim 3, Larsson further discloses the spacer element includes a pair of vertical protrusions extending above the top surface of the elongated slide (shown in figures 12 and 13).
Regarding claim 4, Larsson further discloses the spacer element includes a sloped rear surface (620a).
Regarding claim 5, Larsson further discloses the elongated slide is free of a rear sight rear of the slide recess (figures 10 and 11).
Regarding claim 6, Larsson further discloses an optical element (500) received in the slide recess.
Regarding claim 7, Larsson further discloses the slide recess has a major floor surface (430), and the optical element has a bottom surface directly abutting the major floor surface (figures 10 and 11).
Regarding claim 11, Larsson discloses a pistol comprising: a frame (line 31 of page 15); an elongated slide (405) operable to reciprocate on the frame and having a top surface (420); a slide recess (430) defined in the top surface and having a forward edge (435) and a rear edge (425); a non-optical sight element (605) in the slide recess and abutting the forward edge (It is understood that 605 is an embodiment of 305 and therefore, positioning of 605 with respect to the slide will be referred to with respect to 305 in figures 10 and 11); an optical sight (500) received in the slide recess and abutting the rear edge (figures 10 and 11); the non-optical sight element and the optical sight abutting each other (figures 10 and 11).
Regarding claim 12, Larsson further discloses the non-optical sight element includes a pair of vertical protrusions extending above the slide top surface (figures 12 and 13 for example).
Regarding claim 13, Larsson further discloses the non-optical sight element includes a sloped rear surface (620a).
Regarding claim 14, Larsson further discloses the elongated slide is free of a rear sight rear of the slide recess (figures 10 and 11).
Regarding claim 15, Larsson further discloses the slide recess has a major floor surface (430), and the optical element has a bottom surface directly abutting the floor surface (figures 10 and 11).
Claim Rejections - 35 USC § 103
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) 8-10 and 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Larsson in view of Niswander, US Patent Publication No. 2021/0025673.
Regarding claims 8 and 16, Larsson discloses the optical element and one of ordinary skill in the art would recognize the sight is a reflex sight or would be obvious to be a reflex sight; however, for the sake of clarity, Niswander teaches a similar structure with a sight structure being mounted in front of an optical sight in a slide recess as shown in figures 1A and 1B and specifically teaches a reflex sight is known [0002].
Thus it would have been obvious to one ordinary skill in the art at the time the invention was effectively filed to modify or define the sigh to of Larsson to be a reflex sight similar to that as taught by Niswander since reflex sights are known optical sights as clearly taught by Niswander and use of a reflex sight has known benefits or uses depending on the desired aiming of the user and the environment in which the sight is to be used.
Regarding claim 9 and 17, Larsson as modified by Niswander further discloses the optical element defines an optical aperture having a lower edge, and wherein the spacer element includes a non-optical sight element portion protruding above the level of the lower edge of the optical aperture (Larsson discloses a notch sight located in front of the optical sight and one of ordinary skill in the art would recognize that Larsson would not place the sight in front of the optical sight if the notch sight was not sufficiently high enough to be viewed through the optical sight. Additionally, Niswander clearly teaches the height of the notch sight 130 in front of the optical sight as shown in figure 1b).
Regarding claim 10 and 18, Larsson further discloses the non-optical sight portion includes a pair of sight posts separated by a notch (Larsson figures 12 and 13).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is provided on form PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DERRICK R MORGAN whose telephone number is (571)272-6352. The examiner can normally be reached M-F 9:00-6:00.
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/DERRICK R MORGAN/ Primary Examiner, Art Unit 3641