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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 19 and 20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for a firearm assembly comprising a mount, does not reasonably provide enablement for HOW when a door on an upper portion of a firearm is pivoted to an open configuration the release assembly is actuated to release the arm from the engaged configuration. The specification and figures generally show door as element 64 but 64 points to different areas on different figures. It appears that the firearm would have to be a specific firearm as not all firearm’s have the specific “door” structure yet the specification does not disclose any specific firearm and specifically the specification discloses that the firearm “can be any rifle, pistol, or other portable or non-portable gun” (par. 0024). The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention commensurate in scope with these claims.
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 4 recites the limitation "the firearm". There is insufficient antecedent basis for this limitation in the claim in that a firearm has not been previously recited in the claims. Claim 1 recites a mount intended for attaching accessories to a firearm but does not positively recite the firearm. It is therefore unclear whether applicant intends the claims to encompass the intended use of the mount or the mount in combination with the firearm.
Claim 16 recites the limitation "the upper portion of the firearm". There is insufficient antecedent basis for this limitation in the claim in that an upper portion of a firearm has not been previously recited in the claims. Claim 1 recites a mount intended for attaching accessories to a firearm but does not positively recite the firearm or an upper portion of a firearm. It is therefore unclear whether applicant intends the claims to encompass the intended use of the mount or the mount in combination with an upper portion of a firearm.
Claim 17 recites the limitation "the platform". There is insufficient antecedent basis for this limitation in the claim in that a platform has not been previously recited in the claims.
Claim 19 recites the limitation "the upper portion of the firearm". There is insufficient antecedent basis for this limitation in the claim in that an upper portion of a firearm has not been previously recited in the claims. Claim 1 recites a mount intended for attaching accessories to a firearm but does not positively recite the firearm or an upper portion of a firearm. It is therefore unclear whether applicant intends the claims to encompass the intended use of the mount or the mount in combination with an upper portion of a firearm.
Claim 20 recites the limitations "the leading edge", “the surface of the firearm”, “the pivot”, “the slidable member”, “the latch” and “the hook”. There is insufficient antecedent basis for this limitation in the claim in that none of these elements have been previously recited in the claims.
Claim 18 recites “the first firearm accessory and/or the first firearm accessory”, it is not clear how it can be the first and/or the first.
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) 1-4, 8-20 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Savoy et al. (US 2015/0020429). Savoy et al. discloses an amount for attaching one or more firearm accessories to a firearm, the mount comprising a base that is mountable to an upper portion of the firearm (Fig. 7); an arm (408) having the ability to couple to a first firearm accessory, the arm being pivotally coupled to the base whereby in an engaged configuration the arm is retained adjacent the base, and in a disengaged configuration the arm is able to pivot away from the base (Fig. 7); and a release assembly (726) connected to the base, wherein when actuated the release assembly is adapted to release the arm from the engaged configuration wherein the arm is able to pivot towards the disengaged configuration.
2. The mount as claimed in claim 1, wherein the release assembly is actuated by a pivotal movement of the release assembly relative to the base. (par. 0044)
3. The mount as claimed in claim 2, wherein the pivotal movement of the release assembly is via a pivot connecting the release assembly to the base, a rotation axis of the pivot extending perpendicularly to a longitudinal axis of the base. (Fig. 7)
4. The mount as claimed in claim 1, wherein the release assembly extends from the base in a direction towards a surface of the firearm. (Fig. 7)
8. The mount as claimed in claim 1, wherein the release assembly further comprises a handle (728).
9. The mount as claimed in claim 1, wherein the mount comprises a latch (746) and a hook (744) arrangement, wherein when the latch and the hook engage one another they retain the arm in the engaged configuration. (par. 0045)
10. The mount as claimed in claim 9, wherein actuation of the release assembly disengages the latch from the hook. (par. 0045)
11. The mount as claimed in claims 9, wherein the release assembly includes a slidable member comprising the latch or the hook. (par. 0045)
12. The mount as claimed in claim 11, wherein actuation of the release assembly causes the slidable member to move longitudinally relative to the base of the mount between a locked configuration, where the latch is engaged with the hook, and an unlocked configuration, where the latch is disengaged from the hook. (par. 0045)
13. The mount as claimed in claim 1, wherein the arm is arranged to pivot about a hinge (736) relative to the base, a rotation axis of the hinge extending parallel to a longitudinal axis of the base. (Fig. 7)
14. The mount as claimed in claim 1, wherein in the disengaged configuration the arm is able to pivot substantially 90 degrees relative to the base and/or wherein in the engaged configuration a height and/or an angle of the arm is adjustable relative to the base. (Fig. 7)
15. The mount as claimed in claim 1, wherein the mount comprises a platform (406) for coupling to a second firearm accessory, the platform locating adjacent the arm and being fixed relative to the base.
16. A firearm assembly comprising the mount as claimed in claim 1 mounted to the upper portion of the firearm. (Fig. 1)
17. The firearm assembly as claimed in claim 16, further comprising a first firearm accessory coupled to the arm of the mount and/or further comprising a second firearm accessory coupled to the platform of the mount. (Fig. 1)
18. The firearm assembly as claimed in claim 17, wherein the first firearm accessory and/or the first firearm accessory comprises one or more of a lights, sight (118), grip, bipod or tripod, sling, and bayonet.
19. The firearm assembly as claimed in claims 16, wherein the upper portion of the firearm is a door (Fig. 2) which is able to be pivotally opened and through 90 degrees relative to a closed configuration and wherein when the door is pivoted to an open configuration the release assembly is actuated to release the arm from the engaged configuration.
20. The firearm assembly as claimed in claim 19, wherein in the open configuration the leading edge interacts with the surface of the firearm such that the release assembly is moved pivotally about the pivot that connects the release assembly to the base whereby the slidable member is moved longitudinally relative to the base of the mount to disengage the latch from the hook. (par. 0044)
Allowable Subject Matter
Claims 5-7 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 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