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 .
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.
Claims 22 and 25 are 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.
In claim 22, “and/or” is alternative, vague, and indefinite. It is not clear when or how the alternative structures are chosen to be present or be absent.
Claim 25 contains the trademark/trade name “M-LOCK”. 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 type of attachment system and, accordingly, the identification/description is indefinite.
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 10, 11, 15, 21, 22, and 25-32 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Washburn III et al (2019/0285380).
Washburn et al disclose a method of forming a firearm component 20 comprising all claimed elements including placing a hollow accessory attachment housing 40, 50 (note that without further limitations, element 40, 50 is considered an accessory attachment housing since elements are attached to it) with an interior cavity within a mold (paragraph 43); machining the openings in the housing (paragraph 42) and injection molding a first material 42, 60 around the housing, where at least one opening is formed through a sidewall and into the interior of the housing, and the opening width is less than the width of the interior cavity; and where the first material includes a non-metallic carbon fiber (paragraph 43) and the housing comprises a metal (paragraph 42).
Claims 10, 11, 22, and 26-32 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Beretta (2003/0208942).
Beretta discloses a method of forming a firearm component 10 comprising all claimed elements including placing a hollow accessory attachment housing 15 (note that without further limitations, element 15 is considered an accessory attachment housing since elements are attached to it) with an interior cavity within a mold (paragraph 27); and injection molding a first material 13 or 14 around the housing, where at least one opening is formed through a sidewall and into the interior of the housing, and the opening width is less than the width of the interior cavity; and where the first material includes a non-metallic carbon fiber (paragraph 28) and the housing comprises a metal (paragraph 21).
Claims 12-14, 16-20, 23, and 24 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to J. WOODROW ELDRED whose telephone number is (571)272-6901. The examiner can normally be reached M-F 9:00-5:30.
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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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/J. Woodrow Eldred/Primary Examiner, Art Unit 3641
JWE