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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 24-43 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 9,513,076, claims 1-8 of U.S. Patent No. 10,788,277 and claims 1-19 of U.S. Patent No. 11,713,933. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patents contain substantially the same subject matter of the claimed invention with additional structure of the surrounding firearm components being claimed in the patented claims. Omission of the surrounding components would be a matter of obviousness at a minimum and the structure of the claims of the instant application is contained within the patented claims.
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.
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.
Claim 30 recites the limitation "an aperture" in line 2. There is insufficient antecedent basis for this limitation in the claim because it is not sufficiently clear if “an aperture” is intended to introduce a new, second aperture or if “an aperture” is intended to refer to the shaped aperture of claim 24. For the purpose of examination, “an aperture” is interpreted to refer to the shaped aperture of claim 24; however, correction is required.
Any unspecified claim is rejected as being dependent on a rejected base claim.
In view of the indefinite issues the claims will be examined as best understood by the examiner.
Claim Rejections - 35 USC § 102
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.
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) 24-39 and 41-43 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Murello, US patent Publication No. 2005/0235817.
Regarding claim 24, Murello discloses a firearm with a delayed blowback mechanism, comprising: a receiver (104); a bolt assembly (111, 113) slidably engaged within the receiver and movable between an in-battery position (figure 1) and an out-of-battery position ([0031]); a movable member (125) within the bolt assembly, the movable member having a first position (figure 1 and [0024]) when the bolt assembly is in the in-battery position and a second position ([0031] in 191) when the bolt assembly is in the out-of-battery position, wherein the moveable member comprises a shaped aperture (131) configured to cooperate with a firing pin ([0026-0027]); and a transition surface (105) on the receiver configured to engage the movable member, wherein the movable member resists movement from the first position to the second position to delay rearward movement of the bolt assembly upon firing ([0039] discloses slow acceleration of the breech by discharge gases to ensure the projectile has left the barrel before opening of the breech. Furthermore, the structure of Murello meets the structural limitations of the claim and, in as much as the applicant discloses how a structure specifically delays blowback, so does Murello. The structure of Murrello locks the bolt in-battery and because of the locking engagement and friction, the structure necessarily provides at least some level of resistance to movement out of battery. Murello further discusses the difference in action between smaller and larger caliber ammunition and therefore blowback is dependent on variables outside of the claimed structure of the firearm.)
Regarding claim 25, Murello further discloses the movable member comprises the shaped aperture in a lug (125 as in figure 1) slidably disposed within the bolt assembly (figures 1, 3 and 4 show the shaped aperture 131 in lug 125)
Regarding claim 26, Murello further discloses the lug defines a T-shaped aperture (broadly, yet reasonably, the aperture shown in figure 4 is “T-shaped”) configured to cooperate with the firing pin ([0026-0027])
Regarding claim 27, Murello further discloses a biasing element (breech closing spring (not shown) as in [0017] is disclosed as acting on 177 and 193/185 to move 125) configured to bias the movable member toward the first position ([0017]).
Regarding claim 28, Murello further discloses the biasing element comprises a spring (disclosed as breech closing spring).
Regarding claim 29, Murello further discloses the movable member is configured to block the firing pin when in the second position ([0026-0027]).
Regarding claim 30, Murello further discloses the movable member comprises the aperture (131), and wherein the aperture aligns with the firing pin to allow firing pin movement when the movable member is in the first position ([0026-0027]).
Regarding claims 31-37, the method claims are obvious since such would have been an obvious manner of using the firearm mechanism of Murello.
Regarding claim 38, Murello discloses a bolt assembly for a firearm with delayed blowback, comprising: a bolt body (111, 113); a movable member (125) housed within the bolt body having a shaped aperture (131) configured to cooperate with a firing pin ([0026-0027]) and movable between an extended position (figure 1) and a retracted position ([0031]); a biasing element (breech closing spring [0017]) urging the movable member towards the extended position (via 177); and a cam surface (107) on the movable member configured to interact with a receiver of the firearm, wherein interaction between the cam surface and the receiver resists movement of the movable member from the extended position to the retracted position upon firing ([0039] discloses slow acceleration of the breech by discharge gases to ensure the projectile has left the barrel before opening of the breech. Furthermore, the structure of Murello meets the structural limitations of the claim and, in as much as the applicant discloses how a structure specifically delays blowback, so does Murello. The structure of Murrello locks the bolt in-battery and because of the locking engagement and friction, the structure necessarily provides at least some level of resistance to movement out of battery. Murello further discusses the difference in action between smaller and larger caliber ammunition and therefore blowback is dependent on variables outside of the claimed structure of the firearm.)
Regarding claim 39, Murello further discloses the movable member comprises a lug (125 as in figure 1) slidably disposed within the bolt body and defining the shaped aperture (shown in figures 3 and 4 for example, 131 is in movable member/lug 125).
Regarding claim 41, Murello further discloses the movable member is configured to block the firing pin when in the retracted position ([0026-0027]).
Regarding claim 42, Murello further discloses the movable member comprises a modified T-shaped aperture (broadly, yet reasonably, the aperture 131 shown in figure 4 is “T-shaped.” The recitation of a “modified” T-shaped aperture does not provide any structural limitation beyond what a “T-shaped aperture” is structurally. There is no disclosure in the specification to define “modified” in a way to provide any weight to the recitation in the claim. As such, the claim limitation is interpreted as met as long as the prior art broadly, yet reasonably discloses a “T-shaped aperture”), and wherein the modified T-shaped aperture aligns with the firing pin to allow firing pin movement when the movable member is in the extended position ([0026-0027] and in figures 3 and 4).
Regarding claim 43, Murello further discloses the biasing element comprises a spring (breech closing spring), and wherein the cam surface is configured to engage a recess in the receiver when the bolt assembly is in an in-battery position (figure 1).
Claim(s) 24-39 and 41-43 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Murello, US Patent Publication No. 2005/0132875.
Regarding claim 24, Murello discloses a firearm with a delayed blowback mechanism, comprising: a receiver (2); a bolt assembly (11 and 13 inter alia) slidably engaged within the receiver and movable between an in-battery position and an out-of-battery position ([0036]); a movable member (25) within the bolt assembly, the movable member having a first position (figure 1) when the bolt assembly is in the in-battery position and a second position (figure 2) when the bolt assembly is in the out-of-battery position wherein the movable member comprises a shaped aperture (31) configured to cooperate with a firing pin (shown in figure 1 and disclosed in [0042-0043]); and a transition surface (slope of 5 as disclosed in [0031] and shown in figures 1-2) on the receiver configured to engage the movable member, wherein the movable member resists movement from the first position to the second position to delay rearward movement of the bolt assembly upon firing ([0070] discloses delay in unloacking upon firing. Furthermore, the structure of Murello meets the structural limitations of the claim and, in as much as the applicant discloses how a structure specifically delays blowback, so does Murello. The structure of Murrello locks the bolt in-battery and because of the locking engagement and friction, the structure necessarily provides at least some level of resistance to movement out of battery. Murello further discusses the difference in action between smaller and larger caliber ammunition and therefore blowback is dependent on variables outside of the claimed structure of the firearm.)
Regarding claim 25, Murello further discloses the movable member comprises the shaped aperture (31) in a lug (25 in figures 1 and 2) slidably disposed within the bolt assembly.
Regarding claim 26, Murello further discloses the lug defines a T-shaped aperture (figure 5 shows the aperture 31 with wider portion 33 which is broadly, yet reasonably considered “T-shaped”) configured to cooperate with a firing pin (figures 1 and 2 show firing pin extending through the t-shaped aperture)
Regarding claim 27, Murello further discloses a biasing element (17) configured to bias the movable member toward the first position (17 biases 39 and 40 which engages the bottom of 25 to bias 25 to a first position as in figure 1)
Regarding claim 28, Murello further discloses the biasing element comprises a spring (17).
Regarding claim 29, Murello further discloses the movable member is configured to block the firing pin when in the second position ([0043]).
Regarding claim 30, Murello further discloses the movable member comprises an aperture (31), and wherein the aperture aligns with the firing pin to allow firing pin movement when the movable member is in the first position (figure 1).
Regarding claims 31-37, the method claims are obvious since such would have been an obvious manner of using the firearm mechanism of Murello.
Regarding claim 38, Murello discloses a bolt assembly for a firearm with delayed blowback, comprising: a bolt body (11 and 13 inter alia); a movable member (25) housed within the bolt body having a shaped aperture (31 as in figures 1 and 5.1) configured to cooperate with a firing pin (figure 1 and [0042-0043]) and movable between an extended position (figure 1) and a retracted position (figure 2); a biasing element (17) urging the movable member towards the extended position (via 39 and 40 as in the figures and [0085-0087]); and a cam surface (7) on the movable member configured to interact with a receiver of the firearm, wherein interaction between the cam surface and the receiver resists movement of the movable member from the extended position to the retracted position upon firing ([0070] discloses delay in unloacking upon firing. Furthermore, the structure of Murello meets the structural limitations of the claim and, in as much as the applicant discloses how a structure specifically delays blowback, so does Murello. The structure of Murrello locks the bolt in-battery and because of the locking engagement and friction, the structure necessarily provides at least some level of resistance to movement out of battery. Murello further discusses the difference in action between smaller and larger caliber ammunition and therefore blowback is dependent on variables outside of the claimed structure of the firearm.)
Regarding claim 39, Murello further discloses the movable member comprises a lug (25 in figures 1 and 2) slidably disposed within the bolt body and defining the shaped aperture (31 is in lug 25).
Regarding claim 41, Murello further discloses the movable member is configured to block the firing pin when in the retracted position ([0043]).
Regarding claim 42, Murello further discloses the movable member comprises a modified T-shaped aperture (broadly, yet reasonably, the aperture 31 shown in figure 5.1 is “T-shaped.” The recitation of a “modified” T-shaped aperture does not provide any structural limitation beyond what a “T-shaped aperture” is structurally. There is no disclosure in the specification to define “modified” in a way to provide any weight to the recitation in the claim. As such, the claim limitation is interpreted as met as long as the prior art broadly, yet reasonably discloses a “T-shaped aperture”), and wherein the aperture aligns with the firing pin to allow firing pin movement when the movable member is in the extended position (figure 1).
Regarding claim 43, Murello further discloses the biasing element comprises a spring (17), and wherein the cam surface is configured to engage a recess in the receiver when the bolt assembly is in an in-battery position (figure 1).
Claim(s) 24-25, 27-28, 31-34 and 38-39 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Akhavan, US Patent Publication No. 2010/0236395.
Regarding claim 24, Akhavan discloses a firearm with a delayed blowback mechanism, comprising: a receiver (66 with 26 as disclosed in [0027]); a bolt assembly (50) slidably engaged within the receiver and movable between an in-battery position (figure 3) and an out-of-battery position (figure 5); a movable member (64) within the bolt assembly, the movable member having a first position (figure 3) when the bolt assembly is in the in-battery position and a second position when the bolt assembly is in the out-of-battery position (figure 5), wherein the movable member comprises a shaped aperture (68) configured to cooperate with a firing pin (figures 5 and 6 and [0027]); and a transition surface (66 disclosed as having a beveled edge 67 in [0028]) on the receiver configured to engage the movable member, wherein the movable member resists movement from the first position to the second position to delay rearward movement of the bolt assembly upon firing ([0036] discloses the firing gases are required to travel rearward to move 64 and thus delay rearward movement of the bolt until unlocking).
Regarding claim 25, Akhavan further discloses the movable member comprises the shaped aperture in a lug slidably disposed within the bolt assembly (figures 3-6 show aperture 68 in 64)
Regarding claim 27, Akhavan further discloses a biasing element (72) configured to bias the movable member toward the first position.
Regarding claim 28, Akhavan further discloses the biasing element comprises a spring (72).
Regarding method claims 31-34, the method steps are rendered obvious since such would have been an obvious manner of using the system of Akhavan.
Regarding claim 38, Akhavan discloses a bolt assembly for a firearm with delayed blowback, comprising: a bolt body (50); a movable member (64) housed within the bolt body having a shaped aperture (66 is broadly, yet reasonably a “shaped aperture”) configured to cooperate with a firing pin (52) and movable between an extended position and a retracted position (figures 3 and 5 respectively); a biasing element (72) urging the movable member towards the extended position; and a cam surface (67) on the movable member configured to interact with a receiver of the firearm, wherein interaction between the cam surface and the receiver resists movement of the movable member from the extended position to the retracted position upon firing ([0036] as stated above).
Regarding claim 39, Akhavan further discloses the movable member comprises a lug slidably disposed within the bolt body (figures 3-5) and define the shaped aperture (68 is in 64).
Response to Arguments
Applicant's arguments filed 11/7/25 have been fully considered but they are not persuasive.
In response to the applicant’s argument that the limitations of claim 26 have been incorporated into claim 24, the examiner is not persuaded. Part of claim 26 is amended into claim 24, but not all of the limitations of claim 26.
In response to the applicant’s argument that neither of the Murello references disclose a movable member operable in a first and second position to delay movement of the bolt assembly, the examiner is not persuaded. The moveable members 25 and 125 respectively in each of the references both move between first and second positions and both serve to delay blowback of the bolt at least in part for several reasons. As stated above, the delay in blowback is dependent on a cartridge used in the firearm; however, the structure of both Murello references have locking structure which require an intervening element to be moved prior to the moveable member being unlocked from in-battery. This structure inherently places at least some level of delay in the mechanism. Additionally, both Murello references have a locking interface with the moveable member and this interface would necessarily have a level of friction that is required to be overcome in order to unlock the bolt which, again, provides at least some level of delay.
In response to the applicant’s argument regarding the T-shaped aperture, the examiner is not persuaded. The apertures disclosed by both Murello references are broadly, yet reasonably considered to be “T-shaped” with a first longer, narrow portion and a second wider base portion.
Conclusion
Applicant's amendment necessitated any 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 DERRICK R MORGAN whose telephone number is (571)272-6352. The examiner can normally be reached M-F 9:00-6:00.
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 5712726874. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DERRICK R MORGAN/Primary Examiner, Art Unit 3641