DETAILED ACTION
In the Non-Final Rejection mailed 1/12/2026:
Claims 1-20 were rejected.
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 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.
Response to Amendment
The amendment to the claims filed 6/12/2026 has been entered:
Claim 16 is cancelled.
Claim 21 is new.
Claims 1-15 and 17-21 are active.
Response to Arguments
Applicant's arguments filed 6/12/2026 have been fully considered but they are not persuasive.
Applicant argues that none of Llewellyn, Tomczak, and Petersen disclose the claims as amended, which now recites the limitation that at least one gas port includes a propellant gas diverter. However, the examiner respectfully disagrees because the limitation appears to be taught by Tomczak, as detailed below.
Claim Objections
Claims 1 and 20 are objected to because of the following informalities:
Regarding claims 1 and 20, “at least one gas port” in lines 18 and 19, respectively, should instead say “at least one said gas port” to clarify that the at least one gas port refers to at least one of the previously claimed gas ports at each of the proximal ends of the one or more channels.
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 8 is 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.
Claim 8 recites the limitation “a rear of the firearm suppressor” in line 2. There is insufficient antecedent basis for this limitation in the claim, since a rear of the firearm suppressor was already recited in line 19 of claim 1, from which claim 8 depends.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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) 1-14 and 19-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Llewellyn, Jr. (US 2017/0299312), herein ‘Llewellyn’, and further in view of Tomczak (US 2018/0313626), herein ‘Tomczak’.
Regarding claims 1 and 20, Llewellyn discloses a firearm (par. 2) comprising:
a firearm suppressor (101), comprising:
a suppressor body (11) having a muzzle attachment portion (13) and a wall (Figs. 2-3; horizontal wall at top and bottom of baffle stack 11);
one or more channels (27) disposed along an exterior of the wall (Figs. 3, 6; par. 24: “machined channels 27 on the exterior of the baffle stack 11”), each of the one or more channels having a proximal end (Fig. 3; adjacent outlet ports 25) and a distal end (Fig. 3; adjacent openings 29), and each of the one or more channels defined along a subset of a circumference of the suppressor body (Figs. 3, 6, 8; par. 25);
a plurality of baffles arranged within the suppressor body (Fig. 2; between blast chamber 15 and baffle chambers 17); and
a primary expansion chamber (15) defined at least in part by a first baffle of the plurality of baffles and a first portion of the wall of the suppressor body (Fig. 2),
wherein each said proximal end of the one or more channels comprises a gas port (25) that interfaces with the primary expansion chamber (par. 24 lines 2-10);
wherein each said distal end of the one or more channels comprises an opening (29) configured to permit gas to exit the suppressor body during use (par. 24 lines 11-15);
wherein at least a portion of the one or more channels is defined in part by the first portion of the wall of the suppressor body (Figs. 2-3 and 7-8; par. 24 lines 2-10); and
wherein at least a section of the first portion of the wall is located between the gas port and the first baffle (Figs. 2-3 and 7-8; par. 24 lines 2-10).
Llewellyn does not expressly teach wherein at least one said gas port includes a propellant gas diverter configured to direct propellant gas toward a rear of the firearm suppressor and then toward a front of the firearm suppressor through the one or more channels.
Tomczak teaches a firearm suppressor (Figs. 3-6) comprising a suppressor body (310, 410) with a wall (Figs. 3-4), one or more channels (Fig. 3; channel within casing 340 through which gases exit along path C) disposed around an outer surface (Figs. 3 and 6) of the suppressor body, a primary expansion chamber (Fig. 3) defined at least in part by a first baffle (330A) and a first portion of the interior horizontal wall of the suppressor body (Fig. 3), wherein the proximal end of the one or more channels comprises a gas port (Fig. 3; opening in primary expansion chamber through which gases travel along path C) that interfaces with the primary expansion chamber (Fig. 3), wherein at least one said gas port includes a propellant gas diverter (350) configured to direct propellant gas toward a rear of the firearm suppressor and then toward a front of the firearm suppressor through the one or more channels (Figs. 3 and 5; par. 18).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for at least one said gas port of Llewellyn to include a gas diverter as taught by Tomczak with a reasonable expectation of success in order to slow the propellant gas down before exiting the channel (Tomczak; par. 9) for suppressing noise (Tomczak; claim 8).
Regarding claim 2, the modified Llewellyn discloses wherein the plurality of baffles comprises flat baffles, flat angled baffles, conical baffles, or a combination thereof (Fig. 2; baffles are shown to be flat angled baffles).
Regarding claim 3, the modified Llewellyn discloses wherein each of the one or more channels extend in a longitudinal direction of the suppressor body (Figs. 3 and 6).
Regarding claim 4, the modified Llewellyn discloses wherein each said opening of the one or more channels is set back from a distal end (19, 33) of the firearm suppressor (Figs. 3 and 5-6).
Regarding claim 5, the modified Llewellyn discloses wherein each said gas port extends from the wall of the primary expansion chamber (Figs. 2-3 and 7-8; par. 24 lines 2-10), but does not expressly teach that each said gas port extends from the wall of the primary expansion chamber at an angle of about 30 degrees to about 150 degrees.
Tomczak teaches a firearm suppressor (Figs. 3-6) comprising a suppressor body (310, 410) with a wall (Figs. 3-4), one or more channels (Fig. 3; channel within casing 340 through which gases exit along path C) disposed around an outer surface (Figs. 3 and 6) of the suppressor body, a primary expansion chamber (Fig. 3) defined at least in part by a first baffle (330A) and a first portion of the interior horizontal wall of the suppressor body (Fig. 3), wherein the proximal end of the one or more channels comprises a gas port (Fig. 3; opening in primary expansion chamber through which gases travel along path C) that interfaces with the primary expansion chamber (Fig. 3) and extends at an angle of about 30 degrees to about 150 degrees (Figs. 3-4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for each said gas port of the modified Llewellyn to extend from the wall of the primary expansion chamber at an angle of about 30 degrees to about 150 degrees as taught by Tomczak with a reasonable expectation of success, since it has been held that discovering the optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2nd 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 6, the modified Llewellyn discloses a secondary expansion chamber (17) defined by a second baffle of the plurality of baffles adjacent the first baffle, a third baffle of the plurality of baffles adjacent the second baffle, and a second portion of the wall of the suppressor body (Fig. 2), wherein the second baffle comprises a gas port (21) that interfaces with the secondary expansion chamber (Fig. 2).
Regarding claim 7, the modified Llewellyn discloses wherein the gas port of the second baffle is configured to interface with a central portion of the primary expansion chamber (Fig. 2).
Regarding claim 8, the modified Llewellyn discloses wherein each said proximal end of the one or more channels is set back from a rear of the suppressor (Fig. 3).
Regarding claim 9, the modified Llewellyn discloses wherein a proximal end of the primary expansion chamber is directly adjacent the muzzle attachment portion (Figs. 2 and 7; par. 23 lines 12-13).
Regarding claim 10, the modified Llewellyn discloses wherein each said gas port at each said proximal end of the one or more channels directly interfaces with the primary expansion chamber (Figs. 2-3 and 7-8; par. 24 lines 2-10).
Regarding claim 11, the modified Llewellyn discloses wherein the first baffle and a second baffle of the plurality of baffles define a secondary chamber (17) and wherein the secondary chamber is bounded by the wall (Fig. 2).
Regarding claim 12, the modified Llewellyn discloses wherein the one or more channels are spaced symmetrically about an outer circumference of the suppressor (Figs. 2-3, 5-8; par. 25 lines 1-6).
Regarding claim 13, the modified Llewellyn discloses wherein one of the one or more channels is disposed above a midline of the suppressor (Figs. 2-3, 5-8; par. 25 lines 1-6).
Regarding claim 14, the modified Llewellyn discloses wherein the one of the one or more channels is disposed on a top of the suppressor (Figs. 2-3, 5-8; par. 25 lines 1-6).
Regarding claim 19, the modified Llewellyn discloses wherein the wall has a cylindrical shape that extends along at least a portion of a length of the suppressor body (Fig. 3), wherein an exterior (43) of the firearm suppressor has a cylindrical shape that extends along at least a portion of the length of the suppressor body (Fig. 1), and wherein each of the one or more channels are internal channels, wherein portions of each of the one or more channels are positioned between the wall and the exterior of the firearm suppressor (Fig. 1; par. 24).
Regarding claim 21, the modified Llewellyn discloses wherein the one or more channels comprise a plurality of channels that include at least two channels opposite one another across a longitudinal centerline of the suppressor body (Figs. 3 and 5; par. 25).
Claim(s) 1-3, 5-15, 17-18, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tomczak (US 2018/0313626) and further in view of Petersen (US 10890403), herein ‘Petersen’.
Regarding claims 1 and 20, Tomczak discloses a firearm (par. 18) comprising:
a firearm suppressor (Figs. 3-6), comprising:
a suppressor body (310, 410) having a muzzle attachment portion (300; par. 18) and a wall (Figs. 3-4);
one or more channels (Fig. 3; channel within casing 340 through which gases exit along path C) disposed along an exterior of the wall (Figs. 3 and 6), each of the one or more channels having a proximal end (Fig. 3; right side of external channel) and a distal end (Fig. 3; left side of external channel), and each of the one or more channels defined along a subset of a circumference of the suppressor body (Figs. 3-6);
a plurality of baffles (330) arranged within the suppressor body (Fig. 3); and
a primary expansion chamber (Fig. 3) defined at least in part by a first baffle (330A) of the plurality of baffles and a first portion (Fig. 3) of the wall of the suppressor body,
wherein each said proximal end of the one or more channels comprises a gas port (Fig. 3; opening in primary expansion chamber through which gases travel along path C) that interfaces with the primary expansion chamber (Fig. 3);
wherein each said distal end of the one or more channels comprises an opening (430) configured to permit gas to exit the suppressor body during use (Figs. 3 and 6; par. 19);
wherein at least a portion of the one or more channels is defined in part by the first portion of the wall of the suppressor body (Figs. 3-4); and
wherein at least one said gas port includes a propellant gas diverter (350) configured to direct propellant gas toward a rear of the firearm suppressor and then toward a front of the firearm suppressor through the one or more channels (Figs. 3 and 5; par. 18).
Tomczak does not expressly teach wherein at least a section of the first portion of the wall is located between the gas port and the first baffle.
Petersen teaches a firearm suppressor (106) comprising a suppressor body (108, 204) with a muzzle attachment portion (112) and a wall (204; Fig. 3), a primary expansion chamber (304) defined by a first baffle (212) and a first portion of the wall (Fig. 3), a channel (306) disposed along an exterior (309) of the wall (Fig. 3), and a gas port (208) interfacing between the primary expansion chamber and the channel (Fig. 3), wherein at least a section of the first portion of the wall of the suppressor body is located between the gas port and the first baffle (Fig. 3; col. 8 lines 43-45).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for at least a section of the first portion of the wall of Tomczak to be located between the gas port and the first baffle as taught by Petersen with a reasonable expectation of success in order to allow pressure generated during firearm discharge to be dissipated by channeling exhaust gases and debris out of the primary expansion chamber through the gas port to the external channel (Petersen; col. 8 lines 45-51).
Regarding claim 2, the modified Tomczak discloses wherein the plurality of baffles comprises flat baffles, flat angled baffles, conical baffles, or a combination thereof (Fig. 2; baffles are shown to be flat angled baffles).
Regarding claim 3, the modified Tomczak discloses wherein each of the one or more channels extend in a longitudinal direction of the suppressor body (Figs. 3 and 6).
Regarding claim 5, the modified Tomczak discloses wherein each said gas port extends from the wall of the primary expansion chamber at an angle of about 30 degrees to about 150 degrees (Figs. 3-4).
Regarding claim 6, the modified Tomczak discloses a secondary expansion chamber (Figs. 3-4) defined by a second baffle (330B) of the plurality of baffles adjacent the first baffle, a third baffle (330C) of the plurality of baffles adjacent the second baffle, and a second portion of the wall of the suppressor body (Fig. 3), wherein the second baffle comprises a gas port (Figs. 3-4; aligned with hole 320) that interfaces with the secondary expansion chamber (Figs. 3-4).
Regarding claim 7, the modified Tomczak discloses wherein the gas port of the second baffle interfaces with a central portion of the primary expansion chamber (Figs. 3-4).
Regarding claim 8, the modified Tomczak discloses wherein each said proximal end of the one or more channels is set back from a rear of the suppressor (Figs. 3 and 5; a barrier is shown between the proximal end of the external channel within casing 340 and the proximal end of the suppressor 310, 410).
Regarding claim 9, the modified Tomczak discloses wherein a proximal end of the primary expansion chamber is directly adjacent the muzzle attachment portion (Fig. 3; par. 18).
Regarding claim 10, the modified Tomczak discloses wherein each said gas port at each said proximal end of the one or more channels directly interfaces with the primary expansion chamber (Figs. 3-4).
Regarding claim 11, the modified Tomczak discloses wherein the first baffle and a second baffle (330B) of the plurality of baffles define a secondary chamber (Figs. 3-4) and wherein the secondary chamber is bounded by the wall (Fig. 1; par. 16).
Regarding claim 12, the modified Tomczak discloses wherein the one or more channels are spaced symmetrically about an outer circumference of the suppressor (Figs. 3-6).
Regarding claim 13, the modified Tomczak discloses wherein one of the one or more channels is disposed above a midline of the suppressor (Figs. 3-6; the channel would be disposed above a midline of the suppressor if the suppressor were turned upside down).
Regarding claim 14, the modified Tomczak discloses wherein the one of the one or more channels is disposed on a top of the suppressor (Figs. 3-6; if the suppressor were turned upside down, then the one or more channels would be disposed on the top of the suppressor).
Regarding claim 15, the modified Tomczak discloses wherein each of the one or more channels are located entirely radially outward of the primary expansion chamber and the suppressor body in relation to a longitudinal centerline of the suppressor body (Figs. 3-4).
Regarding claim 17, the modified Tomczak discloses wherein an exterior of the firearm suppressor has a circular external cross-section (Figs. 1-6; tubular casing 310, 410 is shown to be circular in cross-section) with raised portions at axial locations of the one or more channels (Figs. 3-6; the front and back of the semi-tubular casing 340 which define the one or more channels extend radially outward from the tubular casing 310, 410).
Regarding claim 18, the modified Tomczak discloses wherein the wall has a cylindrical shape that extends along at least a portion of a length of the suppressor body (Figs. 3-4 and 6; par. 18), and wherein each of the one or more channels are external channels that extend outward from the wall (Figs. 3-6; par. 18).
Conclusion
Claims 1-15 and 17-21 are rejected. Claim 16 is cancelled.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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 on (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
