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 .
DETAILED ACTION
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.
Claims 1–4, 10–12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Faifer (US 8,191,299 B2).
Regarding claim 1, Faifer discloses a stock for a firearm (firearm stock 10 having buffer-tube holder 12, Figs. 1–5; col. 3, lines 20–33) comprising:(a) a body defining a passage with a forward opening configured to receive a rearwardly extending tube (buffer-tube holder 12 including bore 14 receiving buffer tube 50 through a forward opening, Figs. 2–3);(b) the passage configured to closely receive the tube (bore 14 dimensioned to snugly receive buffer tube 50, Figs. 2–3);(c) a first wall portion defining a first portion of the passage and configured to conformally contact a first cylindrical portion of the tube (upper wall of bore 14 engaging the outer surface of buffer tube 50, Figs. 3–4);(d) a second wall portion facing a second portion of the tube and spaced apart from it (side and lower wall regions of bore 14, Figs. 3–4); and(e) a flexible support element connected to the second wall portion and extending to contact the tube (flaps 18 defined by U-shaped slot 16, extending inward with pads 26 and 28 contacting the side of the tube and its rail, Figs. 4–5).
Regarding claim 2, Faifer shows the upper portion of bore 14 as the first wall portion contacting the tube (Figs. 3–4).
Regarding claim 3, Faifer shows the lower surface of the upper wall of bore 14 as an elongated cylindrical section conforming to the tube (Figs. 3–4).
Regarding claim 4, Faifer shows the second wall portion below the first wall portion (Figs. 3–4).
Regarding claim 10, Faifer shows flaps 18 with inner pad 26 and outer portion forming a curved cylindrical contact surface configured to engage a selected cylindrical portion of the tube (Fig. 5).
Regarding claim 11, Faifer shows the stock body and support members formed as a single unitary structure of polymeric material in buffer-tube holder 12 (Figs. 2–5).
Regarding claim 12, Faifer shows the stock as a single molded plastic form (Figs. 2–5).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 5-9 are rejected under 35 U.S.C. 103(a) as being unpatentable over Faifer (US 8,191,299 B2) in view of Heayn (US 7,162,822 B1).
Regarding claim 5, Faifer discloses flexible flaps 18 extending inward from the side wall of bore 14 (Figs. 3–5) that contact the buffer tube 50 and provide localized support. However, Faifer does not disclose that the flexible support element is elongated along the entire length of the passage. Heayn, in the same field of adjustable buttstocks (Figs. 2A–4B), teaches a lower receiver extension 120 and locking pin 150 assembly extending longitudinally through bore 300 of buttstock body 190 to provide continuous support and axial positioning. It would have been obvious to one of ordinary skill in the art to extend Faifer’s flexible member along the bore length as taught by Heayn to distribute contact forces and reduce play along the receiver-tube interface, a known design objective in collapsible stocks.
Regarding claim 6, Heayn further teaches spring-loaded, compliant interfaces between the stock body 190 and the lower receiver extension 120 (Figs. 2A–4B) that articulate under load. Adapting Faifer’s flexible flap 18 to include an articulated or contoured cross-section that deforms in a similar manner would have been an obvious variation to provide controlled compliance.
Regarding claim 7, Heayn further teaches opposing sidewall structures about the lower receiver extension 120 that act together to stabilize the stock (Figs. 2A–4B). Providing a pair of flexible members on opposite sides of Faifer’s bore 14 following that symmetrical configuration would have been an obvious modification to increase lateral stability.
Regarding claim 8, Heayn further teaches a longitudinal channel between the lower wall of bore 300 and the lever-pin assembly (Figs. 2A–3B). Forming a channel between Faifer’s paired flexible members to provide clearance or guide alignment would have been an obvious implementation of that known structure.
Regarding claim 9, Heayn further teaches detents 22 on the lower receiver extension 120 that cooperate with the pin head 24 to prevent rotation of the buttstock 190 relative to the extension 120 (Figs. 2A–3B). Configuring the channel defined by Faifer’s flexible members to receive a lower spline portion of the tube for the same purpose would have been an obvious anti-rotation improvement.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/MICHAEL D DAVID/Primary Examiner, Art Unit 3641