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 .
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.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Election/Restrictions
Applicant’s election without traverse of Invention III in the reply filed on 12/19/2025 is acknowledged.
Response to Amendment
The amendment to the claims filed 12/19/2025 has been entered:
Claims 1-20 and 31-53 are cancelled.
Claims 54-75 are new.
Claims 21-30 and 54-75 are active.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 9/25/2024 are being considered.
Drawings
The drawings were received on 9/25/2024. These drawings are acceptable.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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.
Claim(s) 22-23, 27, 29-30, 54-62, 65, 70, and 73-74 is/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.
Claims 22, 27, 29, 59, 61, 65, and 70 recite the limitations “a central portion” (line 4) and “a hammer-receiving space” (line 5). There is insufficient antecedent basis for these limitations in the claims. It is the examiner’s belief that “wherein a central portion of the linkage member between the first and second end portions thereof has a hammer-receiving space therein” in lines 4-5 should be deleted, since the limitation was already recited verbatim in claim 21.
Claim 54 recites the limitation “a central portion” (line 1) and “a hammer-receiving space” (line 2). There is insufficient antecedent basis for these limitations in the claim, since the limitation was already recited verbatim in claim 21.
Claim 59 recites the limitations “a hammer-receiving channel” (line 7), “a lower surface” (line 8), “a hammer-receiving passage” (line 8), and “upper and lower surfaces” (line 9). There is insufficient antecedent basis for these limitations in the claim. It is the examiner’s belief that “wherein the hammer-receiving space is one of a hammer-receiving channel with a lower surface of the linkage member and a hammer-receiving passage extending through upper and lower surfaces of the linkage member” in lines 7-9 should be deleted, since the limitation was already recited verbatim in claim 55.
Claim 62 recites the limitation “an accessory securement body” (line 2). There is insufficient antecedent basis for this limitation in the claim, since an accessory securement body attached to the accessory mounting flange was already recited in claim 56.
Claim 73 recites the limitation “the trigger assembly” in line 1. There is insufficient antecedent basis for this limitation in the claim, since a trigger assembly was not previously recited in the claims.
Claim(s) 23, 30, 55-58, 60, and 74 is/are rejected for depending from an indefinite claim.
The examiner notes that, in light of the above issues, the claims were examined only as their scope was best understood.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim(s) 54-62 is/are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim 54 only recites the limitation “wherein a central portion of the linkage member between the first and second end portions thereof has a hammer-receiving space therein” in lines 1-2. However, claim 21 already recited this limitation verbatim. As such, claim 54 fails to further limit the subject matter of the claim upon which it depends.
Claim(s) 55-62 is/are rejected for depending from claim 54.
Allowable Subject Matter
Claims 21, 24-26, 28, 63-64, 66-69, 71-72, and 75 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art neither discloses, nor provides a motivation of obviousness, for a firearm, comprising: at least one receiver body, wherein the at least one receiver body includes a bolt carrier receiving bore and an accessory mounting flange of the at least one receiver body; a bolt carrier slidably disposed within the bolt carrier receiving bore; a linkage member having a first end portion and a second end portion, wherein the first end portion is pivotably attached to the bolt carrier, wherein a central portion of the linkage member between the first and second end portions thereof has a hammer-receiving space therein; and an action-control lever having a first attachment arm and a second attachment arm, wherein a proximate end portion of the first attachment arm is attached to a proximate end portion of the second attachment arm, wherein a distal end portion of the first attachment arm is pivotably attached to the at least one receiver body for enabling the action-control lever to pivot between a battery-ready position and a cartridge-ejecting position, wherein the second attachment arm extends through the accessory mounting flange with the action-control lever in the battery-ready position, and wherein a distal end portion of the second attachment arm is attached to the second end portion of the linkage member, as required by independent claim 21.
Conclusion
Claims 21, 24-26, 28, 63-64, 66-69, 71-72, and 75 are allowed. Claims 22-23, 27, 29-30, 54-62, 65, 70, and 73-74 are rejected. Claims 1-20 and 31-53 are cancelled.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN S GOMBERG whose telephone number is (571)272-4802. The examiner can normally be reached Monday - Friday 8:30 AM - 5:00 PM EST.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Troy Chambers/Supervisory Patent Examiner, Art Unit 3641
/BENJAMIN S. GOMBERG/
Examiner
Art Unit 3641