DETAILED ACTION
Claims 1-20 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 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.
Drawings
The drawings were received on 10/23/2024. These drawings are acceptable.
Specification
The 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 § 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.
Claim(s) 1-4, 6-14, and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Llewellyn, Jr. (US 2017/0299312), herein “Llewellyn”.
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).
Regarding claim 2, 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, 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, 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 6, 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, 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, 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, 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, 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, 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, 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, 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, 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, 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).
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) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Llewellyn, Jr. (US 2017/0299312) as applied to claim(s) 1 above, and further in view of Tomczak (US 2018/0313626), herein “Tomczak”.
Regarding claim 5, 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 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).
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); and
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).
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).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tomczak (US 2018/0313626) in view of Petersen (US 10890403) as applied to claim 1 above, and further in view of Petersen (US 2018/0292160), herein “Petersen ‘160”.
Regarding claim 16, the modified Tomczak discloses wherein each of the one or more channels defines a semi-circular cross-sectional shape, but does not expressly teach wherein each of the one or more channels defines a circular cross-sectional shape.
Petersen ‘160 teaches a firearm suppressor (100) comprising a suppressor body (102) having a muzzle attachment portion (306) and one or more exterior channels (220), wherein each of the one or more channels defines a circular cross-sectional shape (Figs. 2-4).
Additionally, applicant’s specification states that “[external] channel 111 may have any one of a variety of shapes, including but not limited to tubular, a rectangular prism, triangular, semi-circular, or the like” (page 6 lines 11-13), and further that “[the] shape of the bore 311 [of each channel 111] may be consistent with the shape of the external channel 111 – e.g., each of the bore 311 and the external channel 111 may have a tubular shape. Alternatively, the shape of the bore 311 may be different from the shape of the external channel 111 – e.g., the bore 311 may have a tubular shape, and the external channel 111 may have a rectangular, prism, or other non-tubular shape” (page 9 lines 16-20).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the one or more channels of the modified Tomczak to define a circular cross-sectional shape as taught by Petersen ‘160 with a reasonable expectation of success, since it has been held that changes in shape or configuration are a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular shape or configuration was significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Conclusion
Claims 1-20 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 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