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 .
Election/Restrictions
Applicant’s election without traverse of Species 2, Figs. 4-7, in the reply filed on 10/15/25 is acknowledged.
Claim Objections
Claims 4-10, 12, 13 and 18 are objected to because of the following informalities: Claim 4, from which the rest of the claims ultimately depend, depends from itself and therefore the metes and bounds cannot be determined. The claims are currently withdrawn from further examination and appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-3, 11, 15-17 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18/898101 (herein the ‘101 application) in view of Mebberson (US 2022/0299293). The claims of the ‘101 application discloses a stock, a mounting box and a moveable assembly comprising a rack and pinion. The claims of the ‘101 application does not disclose a rack stop, however Mebberson does. Mebberson teaches an adjustable stop system comprising a mounting box, a moveable assembly including a rack and pinion assembly and a rack stop (82). In view of the teachings of Mebberson it would have been obvious to one having ordinary skill in the art to modify the claims of the ‘101 application to include a rock stop since this would allow the movable comb or butt to prevent the fit of the gun from changing during use as taught by Mebberson at par. 0040 and there would have been a reasonable expectation of success.
This is a provisional nonstatutory double patenting rejection.
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) 1-3, 11 and 15-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mebberson (US 2022/0299293). Mebberson discloses an adjustable stock system for weapons and/or other suitable devices, comprising: an adjustable stock (24); a mounting box (32) defining an interior cavity and a mounting feature (38) configured to mount the adjustable stock to a device; and a moveable assembly (26) including one or more moveable components configured to move relative to the mounting box, the moveable assembly comprising a rack (42) and pinion (28) assembly configured to bias a buttpad toward an extended position, and a rack stop (82) configured to hold the rack and pinion assembly in place at a desired position.
2. The system of claim 2, wherein the rack and pinion assembly includes a rack (42) configured to be connected, directly or indirectly, to the buttpad; and a gear (28) mounted within the mounting box configured to be meshed with the rack, wherein at least one of the gear or the rack are biased (via 54) to actuate the buttpad toward the extended position.
3. The system of claim 2, wherein the gear is pinned to the mounting box to rotate relative to the mounting box. (Fig. 2)
11. The system of claim 1, further comprising: an actuator (86) operatively connected to the rack stop to actuate the first rack stop to move between a first position engaged with the rack and pinion assembly to hold the rack and pinion assembly, and a second position disengaged from the first and/or rack and pinion assembly to allow movement of the rack and pinion assembly.
15. A firearm, comprising: a trigger assembly (Mebberson discloses a firearm such as a shotgun or rifle which inherently has a trigger assembly); and an adjustable stock system (20) having a mounting box (32) configured to operatively connect the stock system to a rear end of the firearm, the stock system comprising: a moveable assembly (26) including one or more moveable components configured to move relative to the mounting box, the moveable assembly comprising a rack (42) and pinion (28) assembly configured to bias a buttpad (24) toward an extended position, wherein the rack and pinion assembly includes: a gear (28) pinned to the mounting box to rotate relative to the mounting box; a rack (42) configured to be connected, directly or indirectly, to the buttpad and having rack teeth (see Fig. 2) on at least a gear side of the rack configured to abut and mesh with the gear, wherein at least one of the gear or the rack are biased (54) to actuate the buttpad toward the extended position via at least a constant force spring; and a rack stop (82) having at least one tooth configured to abut and mesh with the rack teeth of the rack to hold the rack and pinion assembly in place at a desired position.
16. The firearm of claim 15, wherein the rack and pinion assembly is a first rack and pinion assembly included on a first side of the adjustable stock, and further comprising: a second rack and pinion assembly included on a second side of the adjustable stock opposite the first side across a width of the adjustable stock, wherein the second rack and pinion assembly includes: a second rack configured to be connected, directly or indirectly, to the buttpad and having rack teeth on at least a gear side of the rack configured to abut and mesh with the second gear; a second gear pinned within the mounting box and configured to be meshed with the rack, wherein at least one of the second gear or the second rack are biased to actuate the buttpad toward the extended position via at least a second constant force spring; and a second rack stop having at least one tooth configured to abut and mesh with the rack teeth of the second rack to hold the second rack and pinion assembly in place at the desired position. (Fig. 2)
17. The firearm of claim 15, further comprising: an actuator (86) operatively connected to the rack stop to actuate the rack stop to move between a first position engaged with the rack and pinion assembly to hold the rack and pinion assembly, and a second position disengaged from the first and/or rack and pinion assembly to allow movement of the rack and pinion assembly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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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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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/MICHELLE CLEMENT/Primary Examiner, Art Unit 3641