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 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 3, 6, 11, 16 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 3 recites the limitation "the hammer". There is insufficient antecedent basis for this limitation in the claim in that a hammer has not been previously recited in the claims.
Claims 6, 11 and 16 recite “an AR-15 type firearm”. The metes and bounds of the claims are unclear because the term “AR-15 type firearm” is not defined by the claims are the specification nor is it inherent what is included or excluded by the language.
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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Akins (US 6,101,918). Akins discloses a trigger assembly comprising: a trigger (50) rotatable about a trigger axis of rotation between a resting position and a pulled position, the trigger having a trigger shoe and a trigger body (Fig. 2, 3 and 7); a sear (70) having a catch surface (180, 182), the sear located forward of the trigger and rotatable about a sear axis of rotation between an engaged position and a disengaged position; and a trigger bar (82) linking the trigger body to the sear; wherein moving the trigger from the resting position to the pulled position causes the sear to move from the engaged position to the disengaged position, and moving the trigger from the pulled position to the resting position causes the sear to move from the disengaged position to the engaged position.
2. The trigger assembly of claim 1, wherein the trigger shoe extends downward and rearward from the trigger body. (Fig. 2)
3. The trigger assembly of claim 1, wherein a hammer (90) is positioned above the sear. (Fig. 2)
4. The trigger assembly of claim 3, further comprising: a firearm lower receiver defining a magazine well, a fire control well, a trigger guard, and an upper end portion, wherein the fire control well is positioned longitudinally between the magazine well and the trigger guard; a stock attached to the upper end portion of the receiver; wherein the fire control well houses at least the hammer and the sear; and wherein the trigger shoe is positioned below the upper end portion of the receiver. (Fig. 2)
5. The trigger assembly of claim 1, further comprising: a firearm lower receiver defining a magazine well, a fire control well, a trigger guard, and an upper end portion, wherein the fire control well is positioned longitudinally between the magazine well and the trigger guard; a stock attached to the upper end portion of the receiver; wherein the fire control well houses at least the hammer and the sear; and wherein the trigger shoe is positioned below the upper end portion of the receiver. (Fig. 2)
7. The trigger assembly of claim 1, further comprising a spring (76) connected between the trigger body and the sear.
8. The trigger assembly of claim 7, wherein the spring extends along the trigger bar. (Fig. 2 and 3)
9. An autoloading firearm comprising: the trigger assembly of claim 1; a hammer (90) located forward of the trigger and rotatable about a hammer axis of rotation between a cocked position and a fire position; a lower receiver housing the trigger assembly; and an upper receiver configured to be removably mounted along a top of the lower receiver. (Fig. 2)
10. The autoloading firearm of claim 9, wherein: the lower receiver defines a magazine well, a fire control well, a trigger guard, and an upper end portion, wherein the fire control well is positioned longitudinally between the magazine well and the trigger guard; a stock is attached to the upper end portion of the receiver; the fire control well houses at least the hammer and the sear; and the trigger shoe is positioned below the upper end portion of the receiver. (Fig. 2)
12. A trigger assembly comprising: a trigger configured to be rotatable about a trigger axis of rotation between a resting position and a pulled position, the trigger having a trigger shoe and a trigger body; a sear having a catch surface, the sear configured to be located forward of the trigger and rotatable about a sear axis of rotation between an engaged position and a disengaged position; a trigger bar configured to be connected between the trigger body and the sear; and a hammer (90) configured to be located forward of the trigger and rotatable about a hammer axis of rotation between a cocked position and a fire position; wherein, in an assembled condition, when the hammer is in the cocked position and the sear is in the engaged position, the sear is configured to engage the hammer to retain the sear in the cocked position until the trigger is moved to the pulled position; wherein, in the assembled condition, moving the trigger from the resting position to the pulled position causes the sear to rotate from the engaged position to the disengaged position via the trigger bar, and moving the trigger from the pulled position to the resting position causes the sear to rotate from the disengaged position to the engaged position via the trigger bar. (see remarks above with regards to claim 1)
13. The trigger assembly of claim 12, wherein in the assembled condition the trigger shoe extends downward and rearward from the trigger body. (see remarks above)
14. The trigger assembly of claim 13, wherein in the assembled condition the hammer is positioned above the sear. (see remarks above)
15. The trigger assembly of claim 14, further comprising: a firearm lower receiver defining a magazine well, a fire control well, a trigger guard, and an upper end portion, wherein the fire control well is between the magazine well and the trigger guard; and a fixed stock attached to the upper end portion of the receiver; wherein the fire control well is configured to houses at least the hammer and the sear; and wherein, when assembled with the firearm lower receiver, the trigger shoe is positioned below the upper end portion of the receiver. (see remarks above)
17. The trigger assembly of claim 12, further comprising a spring configured to be connected between the trigger body and the sear. (see remarks above)
18. The trigger assembly of claim 17, wherein in the assembled condition the spring extends along the trigger bar. (see remarks above)
19. A firearm receiver comprising the trigger assembly of claim 1. (see remarks above)
20. The firearm of claim 19, comprising a receiver housing the trigger assembly and a fixed stock attached to the receiver. (Fig. 2)
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.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHELLE CLEMENT/Primary Examiner, Art Unit 3641