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 .
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 4, 12, and 20 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.
Claims 4, 12, and 20 contains the trademark/trade names “RMSc, RMS, SMS, Noblex, Docter, Leupold, Leupold DeltaPoint Pr, Jrijicon RMR Mounting Standard, C-More Mounting Standard, Shield RMSc Mounting Standard, Glock Modular Optic System, and Springfield Armory Variable Interface System”. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe firearm optical systems and, accordingly, the identification/description is indefinite.
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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Ashley et al (4,455,776).
Ashley et al disclose a shotgun (column 2, line 12) accessory mounting point and method of putting on a shotgun comprising all claimed elements a mounting affixment plane 15 joined to a first mounting point slope; a second mounting point slope affixed to the first mounting point slope (see the Figure and the two slopes joining elements 15 and 17 or 15 and 18; a mounting point plane 17, 18 positioned at an angle to the mounting affixment plane and having proximal and distal ends and top and bottom ridges; an optic 31 mounted to the top of the mounting affixment plane; forming forward and rearward mounting point beds (i.e. the holes for pins 5 and 10); and dimensioning the mounting point bed such that a mounting point upper surface is substantially equal in height to an upper surface of the shotgun body (see the Figure).
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ackerman, Jr and Steck are cited as being of interest since they disclose firearm optics mounting points.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to J. WOODROW ELDRED whose telephone number is (571)272-6901. The examiner can normally be reached M-F 9:00-5:30.
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/J. Woodrow Eldred/Primary Examiner, Art Unit 3641
JWE