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 . This action is in response to Application #19/003,850 and response filed on 11 March 2026.
Election/Restrictions
Applicant’s election without traverse of Claims 1, 3-6, 8-11 in the reply filed on 11 March 2026 is acknowledged.
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.
Claims 1, 3-6, 8-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “An extension system for a gun support, the gun having a barrel with an effective muzzle, comprising:…” Claim 1 appears to be drawn to an extension system for a gun support. No gun is positively claimed and is unclear if a gun is required structure for the claim or not. It appears the limitations are drawn to an extension system and a gun support is configured to be coupled to the extension system. Clarification is required.
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) 1, 5-6, 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Application Publication 2022/0205762 to Ehrlich et al.
Regarding Claim 1, Ehrlich discloses an extension system for a gun support comprising:
a telescopic assembly having a proximal end and a distal end, wherein the telescopic assembly includes a first telescopic portion and second telescopic portion (see fig.2, segments of 140);
an actuator configured to selectively adjust a horizontal displacement of the second telescopic portion relative to the first telescopic portion (at least paragraph 31); and
means for rotating the distal end of the telescopic assembly relative to the second telescopic portion (at least paragraphs 70-72 via 144),
wherein the gun support is coupled to the distal end of the telescopic assembly (see figs. 2, 7c, at least paragraph 61).
Regarding Claim 5, Ehrlich discloses a motor disposed within the first telescopic portion and coupled to the actuator (at least paragraph 72).
Regarding Claim 6, Ehrlich discloses a battery removably coupled to the first telescopic portion and electrically communicated to the actuator (at least paragraphs 51, 87).
Regarding Claim 11, Ehrlich discloses a means for selectively fixing a position of the second telescopic portion relative to the first telescopic portion (at least paragraph 31 discloses adjusting the weapon for aiming at a target, inherently fixing a position once aiming is achieved).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 2022/0205762 to Ehrlich et al.
Regarding Claim 3, Ehrlich discloses the actuator (is) configured to selectively adjust a horizontal displacement of the second telescopic portion relative to the first telescopic portion (at least paragraph 72 discloses linear actuators). Ehrlich does not specifically disclose comprises an extendable piston disposed therein. However, the linear actuators disclosed in paragraph 72 may be any suitable linear actuator but does not limit the disclosure to only one type. They may be screw actuators, hydraulic or pneumatic. It would have been obvious to one having ordinary skill to utilize an extendable piston in order to effectuate movement between the first and second telescopic portions of the linear actuator as an obvious matter of design choice, as selecting one of a known number of solutions of a known technology.
Regarding Claim 4, Please see claim 3 above, and the placement of the actuator and piston would flow naturally and been obvious based on the rejection of claim 3 above.
Allowable Subject Matter
Claims 8-10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see attached PTO-892 for pertinent art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN D COOPER whose telephone number is (571)270-3998. The examiner can normally be reached M-F: 7:30 - 4:30 MST.
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 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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/JOHN COOPER/Primary Examiner, Art Unit 3641
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