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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 18 December 2024 and 09 April 2025 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
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 8 recites the limitation "the light source" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. This claim should depend on claim 7 for proper antecedent basis, and will be treated as such for the purposes of examination.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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.
Claim(s) 4-6 and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by U.S. Pre-Grant Publication 20030106251 by Kim (Kim).
Regarding claim 4, Kim discloses a firearm accessory for a shotgun having a barrel and a magazine tube (See Figures, clearly illustrated), the firearm accessory comprising: a magazine tube mount configured to mount to the magazine tube (28, See Figures, clearly illustrated); and an accessory body (84) releasably connectable to the magazine tube mount (Via element 44), the accessory body including a barrel brace arranged to orient the accessory body with respect to the barrel when the magazine tube mount is mounted to the magazine tube and the accessory body is connected to the magazine tube mount (See Figures, unlabeled, clearly illustrated).
Regarding claim 5, Kim further discloses wherein the barrel brace includes a recess sized, shaped, and arranged to receive the barrel of the shotgun when the magazine tube mount is mounted to the magazine tube and the accessory body is connected to the magazine tube mount (See Figures, unlabeled, clearly illustrated, especially Figure 10).
Regarding claim 6, Kim further discloses wherein the barrel brace includes opposing first and second portions, the first and second portions spaced apart from one another and arranged to straddle the barrel when the magazine tube mount is mounted to the magazine tube and the accessory body is connected to the magazine tube mount (See Figures, unlabeled, clearly illustrated, especially Figure 10).
Regarding claim 18, Kim further discloses wherein the magazine tube mount is configured to mate with the magazine tube of the firearm to mount the magazine tube mount to the magazine tube (See Figures, clearly illustrated).
Regarding claim 19, Kim further discloses wherein the magazine tube mount includes a magazine tube connector, the accessory body being releasably connectable to the magazine tube connector to releasably connect the accessory body to the magazine tube mount (See Figures, clearly illustrated).
Regarding claim 20, Kim further discloses a glass breaking boss carried by the accessory body, the glass breaking boss being proud with respect to the accessory body and configured to contact glass and break the glass when the accessory body is forced toward the glass (92).
Claim(s) 4, 7-8, and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by U.S. Patent 9,228,804 issued to Syrengelas et al (Syrengelas).
Regarding claim 4, Syrengelas discloses a firearm accessory for a shotgun having a barrel and a magazine tube (See Figures, clearly illustrated), the firearm accessory comprising: a magazine tube mount (102) configured to mount to the magazine tube (See Figures, clearly illustrated); and an accessory body (104) releasably connectable to the magazine tube mount (See Figures, clearly illustrated), the accessory body including a barrel brace arranged to orient the accessory body with respect to the barrel when the magazine tube mount is mounted to the magazine tube and the accessory body is connected to the magazine tube mount (See Figures, clearly illustrated).
Regarding claim 7, Syrengelas further discloses wherein the accessory body includes a light source (120) arranged to emit light in a forward direction when the magazine tube mount is connected to the magazine tube and the accessory body is connected to the magazine tube mount (See Figures, clearly illustrated).
Regarding claim 8, Syrengelas further discloses wherein the magazine tube mount at least partially defines a receiving space configured to receive a power source for powering the light source (122, See Figures, clearly illustrated).
Regarding claim 17, Syrengelas further discloses wherein the accessory body or the magazine tube mount includes a projection and the other of the accessory body or the magazine tube mount includes a recess, the projection and the recess being sized, shaped, and arranged relative to one another such that the recess receives the projection when the accessory body is releasably connected to the magazine tube mount to inhibit the accessory body from rotating relative to the magazine tube mount (126, 128, 130, 132, 134, See at least Figure 5, clearly illustrated).
Claim(s) 4, 9-12, and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by U.S. Patent 6,722,076 issued to Nielsen (Nielsen).
Regarding claim 4, Nielsen discloses a firearm accessory for a shotgun having a barrel and a magazine tube (See Figures, clearly illustrated), the firearm accessory comprising: a magazine tube mount configured to mount to the magazine tube (42/60, See Figures, clearly illustrated); and an accessory body (190) releasably connectable to the magazine tube mount (See Figures, clearly illustrated), the accessory body including a barrel brace arranged to orient the accessory body with respect to the barrel when the magazine tube mount is mounted to the magazine tube and the accessory body is connected to the magazine tube mount (See at least Figure 10, clearly illustrated).
Regarding claim 9, Nielsen further discloses wherein the magazine tube mount comprises a magazine tube insert (60) configured to be received in the magazine tube (See Figures, clearly illustrated).
Regarding claim 10, Nielsen further discloses wherein the magazine tube mount further comprises a magazine tube connector (42) configured to retain the magazine tube insert in the magazine tube (See Figures, clearly illustrated).
Regarding claim 11, Nielsen further discloses wherein the magazine tube connector includes threading configured to threadably engage threading of the magazine tube to connect the magazine tube mount to the magazine tube (See at least Figure 4, clearly illustrated).
Regarding claim 12, Nielsen further discloses wherein the accessory body is releasably connectable to the magazine tube connector to releasably connect the accessory body to the magazine tube mount (See Figures, clearly illustrated).
Regarding claim 16, Nielsen further discloses wherein the magazine tube mount comprises a magazine connector configured to connect to the magazine tube to retain the magazine tube insert in the magazine tube, the magazine tube connector being removable from the magazine tube separately from the magazine tube insert (See Figures, clearly illustrated).
Allowable Subject Matter
Claims 13-15 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.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of record, taken alone or in combination, fails to disclose the collective limitations of claims 13 or 14, including that the accessory body has an opening sized and shaped to receive the magazine tube connector for releasably connecting the accessory body to the magazine tube mount as in claim 13 or a retainer configured to secure the accessory body to the magazine tube mount when the accessory body is releasably connected to the magazine tube mount as in claim 14, along with the details of the claims from which these claims depend.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892 Form for a listing of applicable prior art references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN C WEBER whose telephone number is (571)270-5377. The examiner can normally be reached M-F 8AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Troy Chambers can be reached at 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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/Jonathan C Weber/Primary Examiner,
Art Unit 3641
JONATHAN C. WEBER
Primary Examiner
Art Unit 3641