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 .
Response to Arguments
Applicant's arguments filed 1/29/26 have been fully considered but they are not persuasive. In response to Applicant's piecemeal analysis of the references it has been held that one cannot show non-obviousness by attacking references individually where, as here, the rejections are based on a combination of references. In re Keller, 208 USPQ 871 (CCPA 1981). Applicant contends that "Major's different height options (low, medium, high, extra-high) are selectable alternatives provided for inventory reduction purposes-not for simultaneous use at different heights. Major explains that '[t]hus a retailer need only stock one scope ring to satisfy the need for two different scope ring heights.' See Major, col. 3, lines 14-16 The entire purpose of Major's system is to allow retailers to stock fewer SKUs while still offering customers the ability to select an appropriate uniform height for their scope mounting needs. A person of ordinary skill in the art would have no motivation to use two scope rings at different heights simultaneously because doing so would render the scope unmountable." While the auxiliary rail 42, disclosed in different heights, is intended to be sold as a set with different scope rings they are themselves different parts and have a standard rail at the top that will fit ANY standard mount. There is nothing of the record that REQUIRES them to be used with the scope ring of Major, with two scope rings or even with a scope ring at all once a consumer purchased the "set" they can USE the components in any way that they want. The rejection does not rely on the reference of Major for the teaching of different scope ring heights, the rejection relies on the reference of Major for the teaching of different auxiliary rail heights. It is the combination of the different auxiliary rail heights as combined with the teaching of the base of Ding et al. that is utilized in the current rejection of the claims. The combination would have yield the predictable results of allowing one type of clamp to attach to a rail that is not the original rail or the firearm and to utilize multiple different accessories on a single firearm as is known in the art and there would have been a reasonable expectation of success.
Claim Rejections - 35 USC § 103
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 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) 1-6, 8-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ding et al. (US 10,352,656) in view of Major (US 11,971,242; based on the filing date of the provisional application 63/138,184). Ding et al discloses a mount for use with a firearm, the mount comprising: a base (16) that can be removably coupled to a firearm rail (14). Ding et al. does not expressly disclose the mount including a first and second mount coupled to the base, Major does. Major teaches a first auxiliary base (i.e. first mount (42) coupled to a rail (i.e. the base) and including a first mounting platform (Figs. 19 and 20) configured to receive a first firearm accessory, the first mounting platform at a first height above the firearm rail when the multi- accessory mount is coupled to the firearm rail, and wherein the first mounting platform comprises a first planar mounting surface; a second auxiliary base (i.e. second mount) (42a) coupled to the base and including a second mounting platform configured to receive a second firearm accessory, the second mounting platform at a second height above the firearm rail when the multi-accessory mount is coupled to the firearm rail, wherein the first height is different than the second height, and wherein the second mounting platform comprises a second planar mounting surface; and wherein the first mounting platform and the second mounting platform are longitudinally aligned and spaced apart relative to a longitudinal axis of the base (it is noted that auxiliary bases can be positioned anywhere on the base rail). All the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded the predictable results of allowing one type of clamp to attach to a rail that is not the original rail or the firearm.
2. The multi-accessory mount of claim 1, Major further comprising a third auxiliary base (42c) (i.e. third mount) coupled to the base and including a third mounting platform configured to receive a third firearm accessory.
3. The multi-accessory mount of claim 2, wherein the third mounting platform is a third height above the firearm rail when the multi-accessory mount is coupled to the rail of the firearm, and wherein the third height is different than at least one of the first height and the second height.
4. The multi-accessory mount of claim 2, Major teaches wherein at least one of the first mount, second mount or third mount is detachable from the base. (col. 7, lines 45-51)
5. The multi-accessory mount of claim 2, Major teaches wherein the second mount is detachable from the base. (col. 7, lines 45-51)
6. The multi-accessory mount of claim 2, Major teaches wherein the third mount is detachable from the base. (col. 7, lines 45-51)
8. The multi-accessory mount of claim 1, wherein at least one of the first mounting platform or the second mounting platform comprises a planar mounting surface. (Fig. 19 and 20)
9. A accessory mount for use with a firearm having a muzzle end and a breach end, the accessory mount comprising:
a base that can be removably coupled to a rail of the firearm;
a first mount coupled to the base and having a first mounting platform configured to receive a first firearm accessory, the first mounting platform at a first height above the rail of the firearm when the accessory mount is coupled to an attachment surface of the firearm;
a second mount coupled to the base and extending from the base towards the muzzle end of the firearm when coupled to the rail of the firearm, and the second mount having a second mounting platform configured to receive a second firearm accessory, the second mounting platform at a second height above the attachment surface of the firearm when the accessory mount is coupled to the attachment surface of the firearm, wherein the first height is different than the second height; and
wherein the first mounting platform and the second mounting platform are longitudinally aligned and spaced apart relative to a longitudinal axis of the base, and wherein at least a portion of the second mount defines a gap between at least the portion of the second mount and the attachment surface of the firearm when the multi- accessory mount assembly is coupled to the attachment surface of the firearm. (see remarks above)
10. The accessory mount of claim 9, wherein the second mounting platform comprises a planar mounting surface. (see remarks above)
11. The accessory mount of claim 9, wherein the first mounting platform and the second mounting platform are longitudinally aligned and spaced apart relative to a longitudinal axis of the base. (see remarks above)
12. The accessory mount of claim 9, further comprising a third mount coupled to the base and including a third mounting platform configured to receive a third firearm accessory. (see remarks above)
13. The accessory mount of claim 12, wherein the third mounting platform is a third height above the attachment surface when the accessory mount is coupled to the attachment surface of the firearm, and wherein the third height is different than at least one of the first height and the second height. (see remarks above)
14. The accessory mount of claim 12, wherein at least one of the first mount, second mount or third mount is detachable from the base. (see remarks above)
15. The accessory of claim 9, wherein a first longitudinal axis of the first mounting platform and a second longitudinal axis of the second mounting platform are parallel to a third longitudinal axis of the attachment surface of the firearm when the firearm accessory mount is mounted to the attachment surface of the firearm accessory mount. (see remarks above)
Claim(s) 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable Ding et al. (US 10,352,656) in view of Major (US 11,971,242; based on the filing date of the provisional application 63/138,184). Ding et al. and Major inherently discloses the method of using a multi-accessory mount, comprising: attaching the multi-accessory mount to a firearm, wherein the multi-accessory mount comprises, a base that is removably coupled to a firearm rail,
a first mount coupled to the base and including a first mounting platform configured to receive a first firearm accessory, the first mounting platform at a first height above the firearm rail when the multi-accessory mount is coupled to the firearm rail, and wherein the first mounting platform comprises a first planar mounting surface, and a second mount coupled to the base and including a second mounting platform configured to receive a second firearm accessory, the second mounting platform at a second height above the firearm rail when the multi-accessory mount is coupled to the firearm rail, wherein the first height is different than the second height, and wherein the second mounting platform comprises a second planar mounting surface wherein the first mounting platform and the second mounting platform are longitudinally aligned and spaced apart relative to a longitudinal axis of the base. (see remarks above) Ding et al. and Major do not expressly disclose the step of attaching an optic device to the first mounting platform; and attaching a laser-based aiming device to the second mounting platform, however Lee does. Lee teaches a two-sight mount including attaching a red-dot optic device to one mounting platform and attaching a laser sight that points a laser beam to the target (i.e. illuminates via laser) on a second platform. All the claimed elements were known in the prior art and one skilled in the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded the predictable results of allowing a user to utilize both a red-dot sight for the known advantages of a red-dot sight and a laser sight for its known advantages without having to swap between the two and there would have been a reasonable expectation of success to one of ordinary skill in the art.
With regards to claims 17 and 18 It is noted that it has been held that to be entitled to weight in method claims, the recited structure limitations therein must affect the method in a manipulative sense, and not to amount to the mere claiming of a use of a particular structure. Ex parte Pfeiffer, 135 USPQ 31.
Claim(s) 1 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable Ding et al. (US 10,352,656) in view of Major (US 11,971,242; based on the filing date of the provisional application 63/138,184).
Ding et al discloses a mount for use with a firearm, the mount comprising: a base (16) that can be removably coupled to a firearm rail (14) and a second mount coupled to the base (shown where numeral 34 is pointing in Fig. 3) including a second mounting platform configured to receive a second firearm accessory, the second mounting platform at a second height above the firearm rail when the multi-accessory mount is coupled to the firearm rail; the second mounting platform comprises a second planar mounting surface. Ding et al. does not expressly disclose the mount including a first mount coupled to the base, Major does.
Major teaches a first auxiliary base (i.e. first mount (42) coupled to a rail (i.e. the base) and including a first mounting platform (Figs. 19 and 20) configured to receive a first firearm accessory, the first mounting platform at a first height above the firearm rail when the multi-accessory mount is coupled to the firearm rail, and wherein the first mounting platform comprises a first planar mounting surface; and wherein
wherein the first mounting platform and the second mounting platform are longitudinally aligned and spaced apart relative to a longitudinal axis of the base (it is noted that auxiliary bases can be positioned anywhere on the base rail). All the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded the predictable results of allowing one type of clamp to attach to a rail that is not the original rail or the firearm.
7. The multi-accessory mount of claim 1, Ding et al. wherein at least a portion of the second mount extends from the base in a longitudinal direction, wherein the portion extending from the base defines a gap between the portion extending from the base and the rail of the firearm when the multi-accessory mount assembly is coupled to the rail of the firearm. (see Ding et al. Fig. 1)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 MICHELLE CLEMENT whose telephone number is (571)272-6884. The examiner can normally be reached M-F 10-6.
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/MICHELLE CLEMENT/Primary Examiner, Art Unit 3641