DETAILED ACTION
Claims 1-30 are active.
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.
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 Objections
Claim(s) 8, 18, 24, and 26 is/are objected to because of the following informalities:
Regarding claims 8, 18, and 24, the word “body” should be inserted after “the lower receiver” in line 8 of each claim.
Applicant is advised that should claim 23 be found allowable, claim 26 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Appropriate correction is required.
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) 3-4, 9-18, 21, 25, and 27-30 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. In light of the below issues, the claims were examined only as their scope was best understood by the examiner.
Claims 3 and 21 contain the trademarks/trade names “Remington”, “Winchester”, and “Mossberg”. 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 trademarks/trade names are used to identify/describe shotguns and, accordingly, the identification/description is indefinite.
Claims 9 and 27 recite the limitation “a stock mounting flange” in lines 7 and 8, respectively. There is insufficient antecedent basis for this limitation in the claims, since a stock mounting flange was already recited in claims 1 and 19, from which claims 9 and 27, respectively, depend.
Claim 25 recites the limitations “the second attachment arm” (line 2) and “the accessory mounting flange” (line 2). There is insufficient antecedent basis for these limitations in the claim, since neither a second attachment arm nor an accessory mounting flange were previously recited in the claims.
Claim 28 recites the limitation “the accessory mounting flange” in line 2. There is insufficient antecedent basis for this limitation in the claim, since an accessory mounting flange was not previously recited in the claims.
Claim 29 recites the limitations “the linkage member” (line 4) and “the first and second end portions” (lines 4-5). There is insufficient antecedent basis for these limitations in the claim, since a linkage member and first and second end portions thereof were not previously recited in the claims.
Claims 4, 10-18, and 30 are rejected for depending from an indefinite claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6, 8, 19-22, 24, and 29-30 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tusting et al. (US 2023/0304755), herein ‘Tusting’.
Regarding claims 1, 3, 19, and 21, Tusting discloses a receiver system (Fig. 1) for a lever-action firearm (10), comprising:
a receiver body system (Fig. 1) including an upper receiver body (14) and a lower receiver body (20) matingly attached to the upper receiver body (Fig. 1; par. 32), wherein the upper receiver body is a semi-automatic firearm upper receiver body that was commercially-available prior to the year 2022 AD (par. 4-5), wherein a rear end portion of the lower receiver body includes a stock mounting flange (Fig. 9), and wherein the stock mounting flange includes a stock receptacle (Fig. 9) that is compatible for being matingly engaged with a receiver engaging portion of a stock (104) directly mountable on a shotgun that was commercially-available prior to the year 2022 AD (Fig. 1);
a bolt carrier (18, 62) slidably disposed within a bolt carrier receiving bore (16) of the upper receiver body (Fig. 6; par. 31); and
an action-control lever (12, 26) having a hand loop (96) and a first attachment arm (Fig. 2; portion of component 12, 26 extending forward from portion 96, including dovetails 98) having a proximate end portion thereof attached to the hand loop (Figs. 2 and 6), wherein a distal end portion of the first attachment arm is pivotably attached to the lower receiver body (at 28; par. 32) for enabling the hand loop to move between a battery-ready position (Fig. 6A; par. 32; “retracted position”) and a cartridge-ejecting position (Fig. 6C; par. 32; “extended position”) relative to the lower receiver body, wherein the hand loop is coupled to the bolt carrier through a coupling assembly (30-32, 102), and wherein the hand loop and the coupling assembly are jointly configured such that pivoting of the hand loop between the battery-ready position and the cartridge-ejecting position causes the bolt carrier to correspondingly slide within the bolt carrier receiving bore between a battery position (Fig. 6A; par. 33; “closed position”) and an ejection position (Fig. 6C; par. 33; “open position”).
Regarding claims 2, 4, and 20, Tusting discloses wherein the upper receiver body is an AR-15 platform compatible upper receiver body (par. 4-5).
Regarding claims 5-6 and 22, Tusting discloses wherein the action-control lever and the lower receiver body jointly define a fully-enclosed trigger finger window with the hand loop in the battery-ready position (Fig. 1); and
wherein the distal end portion of the first attachment arm is pivotably attached to a portion (28) of the lower receiver body that partially defines the fully-enclosed trigger finger window (Fig. 1).
Regarding claims 8 and 24, Tusting discloses a trigger assembly (88) mounted on the lower receiver body (Fig. 6);
wherein the upper receiver body is an AR-15 platform compatible upper receiver body (par. 4-5);
wherein the lower receiver body has engagement surfaces (40; Figs. 1 and 9) and at least a rear takedown pin bore (44) enabling the lower receiver body to be matingly attached to the AR-15 platform compatible upper receiver body (par. 32 and 34); and
wherein the lower receiver body includes a magazine well (22) that defines a frontal end portion thereof (Fig. 1; par. 32).
Regarding claim 29, Tusting discloses a firing pin (84) slidably disposed within a mating passage of a bolt (64) carried by the bolt carrier (Fig. 6; par. 40);
wherein a central portion of a linkage member (30-32) between first and second end portions thereof has a hammer-receiving space (Figs. 2 and 6; the space between proximally extending arms of link 32 accommodates hammer 82) therein; and
wherein a head (Fig. 2) of the firing pin is located below the hammer-receiving space (Fig. 6; holding the firearm upside down would result in the head of the firing pin being located below the hammer-receiving space).
Regarding claim 30, Tusting discloses wherein the hammer-receiving space is one of a hammer-receiving channel within a lower surface of the linkage member and a hammer-receiving passage extending through upper and lower surfaces of the linkage member (Fig. 2).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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.
Claim(s) 7, 23, and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tusting et al. (US 2023/0304755) as applied to claims 1, 19, and 19 above, respectively, and further in view of Schoppman et al. (US 7162823), herein ‘Schoppman’.
Regarding claims 7, 23, and 26, Tusting does not expressly teach wherein the stock mounting flange includes opposing shoulder-receiving receptacles within a central passage thereof; or wherein spaced-apart engagement shoulders of a stock securement body are jointly configured with the opposing shoulder-receiving receptacles for permitting each of the spaced-apart engagement shoulders to be engaged within a respective one of the opposing shoulder-receiving receptacles to inhibit unrestricted fore and aft movement of the stock securement body relative to the lower receiver body.
Schoppman teaches a firearm (100) comprising a receiver (110) and a stock (120), wherein the firearm may be a shotgun, rifle, or other long gun (col. 3 lines 18-20), wherein a stock mounting flange (10) at a rear end (102) of the receiver includes opposing shoulder-receiving receptacles (Fig. 4; slots on either side dovetail engagement lug 40, into which arms 68-70 are located), and wherein spaced-apart engagement shoulders (68-70) of a stock securement body (60) are each configured for engagement within a respective one of the opposing shoulder-receiving receptacles to inhibit unrestricted fore and aft movement of the stock securement body relative to the lower receiver body (col. 3 lines 29-35).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the stock mounting flange of Tusting to comprise opposing shoulder-receiving receptacles engageable with respective spaced-apart engagement shoulders of a stock securement body as taught by Schoppman with a reasonable expectation of success in order to provide a fairly tight tolerance to ensure minimal movement between the stock and the receiver in the assembled firearm (Schoppman; col. 3 lines 35-38).
Claim(s) 9-14, 16, and 18 and claim(s) 25 and 27-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tusting et al. (US 2023/0304755) as applied to claim(s) 1 and 19 above, respectively, and further in view of Yaka et al. (US 2017/0227318), herein ‘Yaka’.
Regarding claims 9, 16, 25, and 27-28, Tusting discloses a linkage member (30-32) having a first end portion (32) pivotably attached to the bolt carrier (Fig. 6; par. 33);
wherein the action-control lever includes a second attachment arm (102) having a proximate end portion thereof attached to the hand loop (Figs. 2 and 6);
wherein the linkage member and the second attachment arm jointly define the coupling assembly (Figs. 2 and 6); and
wherein a second end portion (30) of the linkage member is pivotably attached to a distal end portion of the second attachment arm (Figs. 2 and 6; par. 33).
Tusting does not expressly teach wherein the second attachment arm extends through the stock mounting flange of the lower receiver body with the action-control lever in the battery-ready position, wherein the second attachment arm includes an arcuate segment extending along an arcuate axis between the distal end portion thereof and the hand loop, and wherein all points along the arcuate axis are equidistant from a pivot axis about which the action-control lever pivots between the battery-ready position and the cartridge-ejecting position.
Yaka teaches a lever gun (9) comprising a receiver (1) with a stock mounting flange (7) at a rear end portion thereof (Figs. 1-3) for attachment to a stock (11), a mechanism (4) performing cocking and locking functions (par. 51), an action bar (5) transmitting its motion to the cocking/locking mechanism (par. 54), an action control lever (2, 3) having a hand loop (2) and a first attachment arm (Figs. 1-5; forward extending portion of lever 2 which is pivotally attached at component 8 to trigger mechanism 13) movable between a battery-ready position (Fig. 5a) and a cartridge-ejection position (Fig. 5c), wherein a linkage member (3; Fig. 2-5 and 7; distal lever arm 3 positioned between hinge 6 and rotating connection 10 of action bar 5) having a first end portion pivotably attached to the action bar (Figs. 3 and 5; par. 54-55; end portion connected to action bar 5 at rotating connection 10), wherein the action-control lever includes a second attachment arm (3; Figs. 2-5; proximal lever arm 3 positioned between hinge 6 and lever 2) having a proximate end portion thereof attached to the hand loop (Fig. 4), wherein the linkage member and the second attachment arm jointly define a coupling assembly (Figs. 3 and 5; par. 51), wherein the second attachment arm extends through the stock mounting flange of the receiver with the action-control lever in the battery-ready position (Fig. 3; par. 54), wherein a second end portion of the linkage member is pivotably attached to a distal end portion of the second attachment arm (Figs. 3 and 5; par. 51 and 53; at hinge 6), wherein the second attachment arm includes an arcuate segment extending along an arcuate axis between the distal end portion thereof and the hand loop (Fig. 3), and wherein all points along the arcuate axis are equidistant from a pivot axis (8) about which the action-control lever pivots between the battery-ready position and the cartridge-ejecting position (Figs. 3 and 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the second attachment arm of Tusting to include an arcuate segment extending through the stock mounting flange of the lower receiver body with the action-control lever in the battery-ready position as taught by Yaka with a reasonable expectation of success in order to ensure positioning and movement of the action-control lever within the receiver (Yaka; par. 54).
Regarding claims 10-11, the modified Tusting discloses wherein the action-control lever and the lower receiver body jointly define a fully-enclosed trigger finger window with the hand loop in the battery-ready position (Fig. 1); and
wherein the distal end portion of the first attachment arm is pivotably attached to a portion (28) of the lower receiver body that partially defines the fully-enclosed trigger finger window (Fig. 1).
Regarding claim 12, Yaka, as applied above, discloses wherein the second attachment arm of the action-control lever extends through a central area of a stock receptacle of the stock mounting flange (Fig. 3; par. 54).
Regarding claim 13, the modified Tusting discloses a firing pin (84) slidably disposed within a mating passage of a bolt (64) carried by the bolt carrier (Fig. 6; par. 40);
wherein a central portion of the linkage member between first and second end portions thereof has a hammer-receiving space (Figs. 2 and 6; the space between proximally extending arms of link 32 accommodates hammer 82) therein; and
wherein a head (Fig. 2) of the firing pin is located below the hammer-receiving space (Fig. 6; holding the firearm upside down would result in the head of the firing pin being located below the hammer-receiving space).
Regarding claim 14, the modified Tusting discloses wherein the hammer-receiving space is one of a hammer-receiving channel within a lower surface of the linkage member and a hammer-receiving passage extending through upper and lower surfaces of the linkage member (Fig. 2).
Regarding claim 18, the modified Tusting discloses a trigger assembly (88) mounted on the lower receiver body (Fig. 6);
wherein the upper receiver body is an AR-15 platform compatible upper receiver body (par. 4-5);
wherein the lower receiver body has engagement surfaces (40; Figs. 1 and 9) and at least a rear takedown pin bore (44) enabling the lower receiver body to be matingly attached to the AR-15 platform compatible upper receiver body (par. 32 and 34); and
wherein the lower receiver body includes a magazine well (22) that defines a frontal end portion thereof (Fig. 1; par. 32).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tusting et al. (US 2023/0304755) in view of Yaka et al. (US 2017/0227318) as applied to claim(s) 9 above, and further in view of Schoppman et al. (US 7162823).
Regarding claim 15, the modified Tusting does not expressly teach wherein the stock mounting flange includes opposing shoulder-receiving receptacles within a central passage thereof; or wherein spaced-apart engagement shoulders of a stock securement body are jointly configured with the opposing shoulder-receiving receptacles for permitting each of the spaced-apart engagement shoulders to be engaged within a respective one of the opposing shoulder-receiving receptacles to inhibit unrestricted fore and aft movement of the stock securement body relative to the lower receiver body.
Schoppman teaches a firearm (100) comprising a receiver (110) and a stock (120), wherein the firearm may be a shotgun, rifle, or other long gun (col. 3 lines 18-20), wherein a stock mounting flange (10) at a rear end (102) of the receiver includes opposing shoulder-receiving receptacles (Fig. 4; slots on either side dovetail engagement lug 40, into which arms 68-70 are located), and wherein spaced-apart engagement shoulders (68-70) of a stock securement body (60) are each configured for engagement within a respective one of the opposing shoulder-receiving receptacles to inhibit unrestricted fore and aft movement of the stock securement body relative to the lower receiver body (col. 3 lines 29-35).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the stock mounting flange of the modified Tusting to comprise opposing shoulder-receiving receptacles engageable with respective spaced-apart engagement shoulders of a stock securement body as taught by Schoppman with a reasonable expectation of success in order to provide a fairly tight tolerance to ensure minimal movement between the stock and the receiver in the assembled firearm (Schoppman; col. 3 lines 35-38).
Allowable Subject Matter
Claim 17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art neither discloses, nor provides a teaching of obviousness, for a receiver system for a lever-action firearm, comprising: a receiver body system including an upper receiver body and a lower receiver body matingly attached to the upper receiver body, wherein the upper receiver body is a semi-automatic firearm upper receiver body that was commercially-available prior to the year 2022 AD, wherein a rear end portion of the lower receiver body includes a stock mounting flange, and wherein the stock mounting flange includes a stock receptacle that is compatible for being matingly engaged with a receiver engaging portion of a stock directly mountable on a shotgun that was commercially-available prior to the year 2022 AD; a bolt carrier slidably disposed within a bolt carrier receiving bore of the upper receiver body; an action-control lever having a hand loop and a first attachment arm having a proximate end portion thereof attached to the hand loop, wherein a distal end portion of the first attachment arm is pivotably attached to the lower receiver body for enabling the hand loop to move between a battery-ready position and a cartridge-ejecting position relative to the lower receiver body, wherein the hand loop is coupled to the bolt carrier through a coupling assembly, and wherein the hand loop and the coupling assembly are jointly configured such that pivoting of the hand loop between the battery-ready position and the cartridge-ejecting position causes the bolt carrier to correspondingly slide within the bolt carrier receiving bore between a battery position and an ejection position; a linkage member having a first end portion pivotably attached to the bolt carrier; wherein the action-control lever includes a second attachment arm having a proximate end portion thereof attached to the hand loop; wherein the linkage member and the second attachment arm jointly define the coupling assembly; wherein the second attachment arm extends through the stock mounting flange of the lower receiver body with the action-control lever in the battery-ready position; wherein a second end portion of the linkage member is pivotably attached to a distal end portion of the second attachment arm; wherein the second attachment arm includes an arcuate segment between the distal end portion thereof and the hand loop; wherein the arcuate segment extends along an arcuate axis; wherein all points along the arcuate axis are equidistant from a pivot axis about which the action-control lever pivots between the battery-ready position and the cartridge-ejecting position; a stock securement body attached to the stock mounting flange; wherein the stock securement body includes a channel in a lower portion thereof; and wherein a portion of the arcuate segment of the second attachment arm is located within the channel when the hand lever is in the battery-ready position, as required by claim 17.
Conclusion
Claims 1-30 are rejected.
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.
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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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/Troy Chambers/Supervisory Patent Examiner, Art Unit 3641
/BENJAMIN S. GOMBERG/
Examiner
Art Unit 3641
