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 .
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.
REJECTION BASED ON GRAY
Claim(s) 1-2, 4-5 and 7-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 6,112,448 to Gray.
Regarding claim 1, Gray discloses a firearm system, comprising: a back plate (113 – Figs. 5-6) configured to couple with a backpack (113 is capable of attachment to a backpack, via straps 113a/b for example), the back plate comprising a coupler receiver (117); a tension strap (115) configured to couple with a firearm (Fig. 6); and a releasable coupler (116) coupled with the strap and configured to releasably couple the strap with the back plate (Fig. 6); wherein, when the strap is coupled with the firearm and when the releasable coupler is coupled with the back plate, the tension strap provides tension to assist a user in aiming the firearm (Fig. 6).
Regarding claim 2, Gray discloses wherein the coupler receiver comprises a lock receiver (opening in sides of 117 for receiving locking prongs of 116), and wherein the releasable coupler comprises a releasable lock (locking prongs of 116) configured to releasably secure the strap to the lock receiver.
Regarding claim 4, Gray discloses wherein the coupler receiver comprises one or more recesses (main recess 117 for receiving main portion of 116) configured to facilitate the releasable lock securing thereto.
Regarding claim 5, Gray discloses wherein the releasable lock comprises a push lock (prongs of 116 are pushed into 117 to lock).
Regarding claim 7, Gray discloses wherein the strap comprises an inelastic portion (Col. 3, lines 12-13).
Regarding claim 8, Gray discloses wherein the strap comprises one or more length adjusters coupled with the inelastic portion (Col. 4, lines 16-19).
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.
Claim(s) 3 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gray in view of US Patent 8,857,680 to Thompson.
Regarding claim 3, Gray fails to disclose whether the coupler receiver is releasably mounted onto the back plate. However, Thompson discloses a firearm support and discloses that using bolts as fasteners is known in this art (Col. 11, lines 5-15, for example). It would have been obvious to one of ordinary skill to have used a bolt to mount the coupler receiver to the back plate in Gray because the modification only involves a simple substitution of one known, equivalent fastener for another to obtain predictable results. In the combination, the mounting is releasable (by removing the bolt).
Regarding claim 6, Gray fails to disclose wherein the strap comprises an elastic portion. However, Thompson discloses a firearm support including a strap that has elastic and inelastic portions (Col. 6, lines 56-58). It would have been obvious to one of ordinary skill to have used a strap that has elastic and inelastic portions because the modification only involves a simple substitution of one known, equivalent firearm stabilizing strap for another to obtain predictable results. Further, the modification only involves choosing from a finite number of predictable materials to use for a firearm stabilizing strap.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gray in view of US Patent 2,943,775 to Mack.
Regarding claim 9, Gray discloses back plate straps (113a/b), but fails to disclose slots. However, Mack discloses a carrier including a plate that has slots (14, 15) for passing straps (50) through to attach them. It would have been obvious to one of ordinary skill to have used a slot attachment to secure the straps to the plate in Gray because the modification only involves a simple substitution of one known, equivalent strap attachment for another to obtain predictable results. In the combination, the straps are configured to releasably secure the back plate to the backpack (the straps are capable of attaching to a backpack, for example by securing the straps around the backpack shoulder straps).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gray in view of US Patent 9,395,154 to Barnett.
Regarding claim 12, Gray fails to disclose a picatinny rail coupler. However, Barnett discloses a weapon stabilizer including a releasable coupler configured to releasably secure with a picatinny rail coupler (Figs. 5, 10; Col. 3, lines 45-47). It would have been obvious to one of ordinary skill to have used a picatinny rail coupler in Gray to allow the strap to releasably secure with firearms that have a picatinny rail. Further, the modification only involves a simple substitution of one known, equivalent strap connector for another to obtain predictable results.
REJECTION BASED ON GARRETT
Claim(s) 13-14 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Published Application 2012/0280006 to Garrett.
Regarding claim 13, Garrett discloses a firearm system (Fig. 1), comprising: a tension strap (106 – Figs. 1, 18); a first releasable coupler (120 – Fig. 1) configured to releasably secure the strap to a loop (102 – Fig. 1) coupled with a user (Fig. 18); and a second releasable coupler (122 – Fig. 1) configured to releasably secure the strap to a firearm; wherein, when the first releasable coupler is coupled with the firearm and when the second releasable coupler is coupled with the loop, the tension strap provides tension to assist the user in aiming the firearm (Fig. 18).
Regarding claim 14, Garrett discloses wherein the loop comprises one of: a loop on a backpack; a loop on an armored vest; a belt loop; a belt; and a clothing loop (Figs. 1, 18).
Regarding claim 17, Garrett discloses a method of using a firearm system, comprising: releasably securing a tension strap (106 – Figs. 1, 18) with a firearm using a first releasable coupler (122 – Fig. 1); using a second releasable coupler (120 – Fig. 1), releasably securing the tension strap to one of a back plate mounted onto a backpack and a loop coupled with a user (Figs. 1, 18), wherein the tension strap, the first releasable coupler, and the second releasable coupler form the firearm system; and while the tension strap provides tension steadying the firearm, aiming the firearm (Fig. 18).
Claim(s) 15 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Garrett in view of Barnett.
Regarding claim 15, Garrett fails to disclose a picatinny rail coupler. However, Barnett discloses a weapon stabilizer including a releasable coupler configured to releasably secure with a picatinny rail coupler (Figs. 5, 10; Col. 3, lines 45-47). It would have been obvious to one of ordinary skill to have used a picatinny rail coupler in Garrett to allow the strap to releasably secure with firearms that have a picatinny rail. Further, the modification only involves a simple substitution of one known, equivalent strap connector for another to obtain predictable results.
Regarding claim 18, the combination from claim 15 discloses wherein the first releasable coupler comprises a first releasable lock (picatinny rail connector – Barnett Figs. 5, 10; Col. 3, lines 45-47), and wherein releasably securing the tension strap with the firearm comprises securing the first releasable lock to a picatinny rail coupler mounted on the firearm (Garrett as modified by Barnett).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Garrett in view of Thompson.
Regarding claim 16, Garrett fails to disclose wherein the strap comprises an elastic and inelastic portion. However, Thompson discloses a firearm support including a strap that has elastic and inelastic portions (Col. 6, lines 56-58). It would have been obvious to one of ordinary skill to have used a strap that has elastic and inelastic portions in Garrett because the modification only involves a simple substitution of one known, equivalent firearm stabilizing strap for another to obtain predictable results. Further, the modification only involves choosing from a finite number of predictable materials to use for a firearm stabilizing strap.
Allowable Subject Matter
Claims 10-11 and 19-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The cited references disclose configurations similar to that disclosed by applicant. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT T MCNURLEN whose telephone number is (313)446-4898. The examiner can normally be reached M-F 8am-5pm.
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/SCOTT T MCNURLEN/Primary Examiner, Art Unit 3734
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