DETAILED ACTION
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.
Claims 1-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 9,354,010 to McCulloch.
Re: claim 1, McCulloch discloses the claimed invention including a firearm 10, e.g., Fig. 1, configured to be selectively discharged by a user (a via, inter alia, firing mechanism 22), comprising: a frame 14 including a body portion (shown/inherent), a grip 18, and a trigger guard 26 extending from the body portion to the grip and defining a trigger space therebetween (shown); a firing mechanism 22 including a trigger 24, the firing mechanism being disposed at least partially within the frame so that the trigger extends downwardly into the trigger space (shown); and a locking mechanism comprising: a blood alcohol sensor 12 configured to determine or approximate a blood alcohol content of the user based on alcohol within perspiration of the user (as set forth at col. 4, lines 15-16, e.g., “4:15-16”); and a lock assembly 200, e.g., Fig. 2A, configured to receive a control signal that is based on the determined or approximated blood alcohol content of the user, 4:33-42, wherein the lock assembly is configured to enable and disable the firing mechanism based upon the received control signal, id.
Re: claim 2, McCulloch further discloses where in the lock assembly is selectively movable between a first state in which the firing mechanism is enabled and a second state in which the firing mechanism is disabled, 4:43-63. Any of the combination of actuator 202, mechanism 204, and engagement member 206 fairly meets the claim.
Re: claim 3, McCulloch further discloses wherein the locking mechanism further comprises a battery 241, e.g., Fig. 2B, operably connected to both the blood alcohol sensor and to the lock assembly. See 5:49-58.
Re: claim 4, McCulloch further discloses wherein the blood alcohol sensor further comprises a sensing pad configured to contact the user’s skin and a processing module for analyzing the alcohol content of the user’s perspiration, 4:17-20.
Re: claim 5, McCulloch fairly discloses wherein the sensing pad of the blood alcohol sensor is disposed on an outer surface of the grip, when disclosing “the system 12 can be positioned in contact with a hand of the user (such as on the grip 18),” id., at 17-18.
Re: claims 6-7, McCulloch further discloses comprising a processing module in communication with the blood alcohol sensor, wherein the processing module is configured to: receive a measurement signal corresponding the blood alcohol content of the user; and send the control signal to the lock assembly when the measurement signal indicates that the blood alcohol content of the user exceeds a threshold value, thereby disabling or enabling the firing mechanism. See written description of, inter alia, processing module 220, electronics subsystem 240, and conditioning module 243, 5:3-6:13.
Re: claim 8, McCulloch further discloses wherein the lock assembly includes a plunger 206, wherein the plunger is selectively movable between a first position in which the plunger is withdrawn from the trigger space (not particularly shown, but see 4:48-63, discussing such) to a second position in which the plunger extends into the trigger space so that the trigger may not be actuated (that shown and as disclosed).
Re: claim 9, McCulloch fairly discloses wherein the lock assembly further includes a housing 202, wherein the plunger is at least partially disposed within the housing (as shown), wherein the housing of the lock assembly is mounted to the trigger guard adjacent the grip (also as shown).
Re: claim 10, McCulloch further discloses wherein the firearm is one of a handgun or a long gun, 2:54-60.
Anent: claims 11-18, McCulloch discloses the claimed invention as applied above. Specifically, there does not appear to be any significant differences in this set of claims except for not claiming the firearm expressly. Thus, McCulloch fairly meets these claims as well.
Evidence to the contrary of any of the above is welcome.
Conclusion
Any inquiry concerning this communication should be directed to Bret Hayes at telephone number (571) 272 – 6902, fax number (571) 273-6902, or email address bret.hayes@uspto.gov, which is preferred, especially for requesting interviews, general questions, etc. Note, however, that return correspondence cannot be made in the event that information subject to the confidentiality requirement as set forth in 35 U.S.C. § 122 has been included. See MPEP §§ 502.03 and 713.01, I, regarding email communications. The examiner can normally be reached Mondays through Fridays from 5:30 AM to 1:30 PM, Eastern.
The Central FAX Number is 571-273-8300.
If attempts to contact the examiner by telephone are unsuccessful, the examiner’s supervisor, Troy Chambers, can be reached at (571) 272 – 6874.
/Bret Hayes/
Primary Examiner, Art Unit 3641
9-Jan-26
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