DETAILED ACTION
In the Non-Final Rejection mailed 10/2/2025:
Claims 1-15 were rejected.
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 .
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.
Response to Amendment
The amendment to the claims filed 1/30/2026 has been entered:
Claims 1-15 are active.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claim(s) 8 is/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 8 recites the limitation “the portion” in line 15. There is insufficient antecedent basis for this limitation in the claim. An upper portion, a lower portion, and a third portion of the trigger shoe were all previously recited, thus rendering unclear which previously claimed portion of the trigger shoe “the portion” refers to. For examination, it was assumed that applicant intended for “the portion” to refer to the third portion of the trigger shoe.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 3-6, 8-9, and 11-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cutini et al. (US 6843013), herein ‘Cutini’.
Regarding claims 1 and 9, Cutini discloses a pistol (13) with a trigger assembly (Figs. 1, 3, 8, and 10-11), the trigger assembly comprising:
a trigger support (2) pivotally mounted (Fig. 3; about axis 2c) to a frame (12b) of the pistol;
a trigger shoe (4) pivotally mounted (Fig. 3; about axis 7a) to the trigger support; and
a spring (14) located between a portion (12c; Fig. 10A; rearwardly extending portion of trigger shoe 4 to which the lower end of spring 14 is attached) of the trigger shoe and the trigger support (Figs. 8 and 10-11) such that the spring is movable from a first side (Fig. 8; left side) of a portion (12a) of the frame with the trigger shoe at a rest position (Fig. 8B) to a second side (Fig. 8; right side) of the portion of the frame opposite the first side with the trigger shoe at a firing position (Fig. 8A),
the spring biasing the portion of the trigger shoe into a first position (Fig. 8B) where the portion of the frame interferes with the portion of the trigger shoe and thereby blocks movement of the trigger shoe (Fig. 8B; col. 7 lines 49-59).
Regarding claims 3 and 11, Cutini discloses wherein an upper portion (Figs. 10-11; upper portion of trigger shoe 4 to the left of spring 14 and above pivot axis 7a) of the trigger shoe contacts the trigger support when the trigger shoe is in the first position (Fig. 10B).
Regarding claims 4 and 12, Cutini discloses wherein the frame defines a receiving area (Fig. 8A; portion of frame above portion 12a into which the portion of the trigger shoe 12c extends in the firing position) adjacent to the portion of the frame and, when the trigger shoe is rotated such that the upper portion of the trigger shoe no longer contacts the trigger support, the portion of the trigger shoe compresses the spring and contacts the trigger support such that the portion of the frame no longer interferes with the portion of the trigger shoe and thereby does not block movement of the trigger shoe (Figs. 8A and 10A; col. 7 lines 49-59).
Regarding claims 5 and 13, Cutini discloses wherein the portion of the trigger shoe is located between the upper portion of the trigger shoe and a bottom portion (Figs. 10-11; lower portion of trigger shoe 4 below pivot axis 7a) of the trigger shoe (Figs. 8 and 10-11).
Regarding claims 6 and 14, Cutini discloses wherein the portion of the trigger shoe is a mid-portion of the trigger shoe (Figs. 8 and 10-11).
Regarding claim 8, Cutini discloses a trigger assembly (Figs. 1, 3, 8, and 10-11) for a pistol (13), the trigger assembly comprising:
a frame (12b);
a trigger support (2) pivotably mounted (Fig. 3; about axis 2c) to the frame;
a trigger shoe (4) pivotally mounted (Fig. 3; about axis 7a) to the trigger support, the trigger shoe having an upper portion (Figs. 10-11; upper portion of trigger shoe 4 to the left of spring 14 and above pivot axis 7a), a lower portion (Figs. 10-11; lower portion of trigger shoe 4 below pivot axis 7a), and a third portion (12c; Fig. 10A; rearwardly extending portion of trigger shoe 4 to which the lower end of spring 14 is attached) located between the upper portion and the lower portion (Figs. 10-11); and
a spring (14) located between the third portion of the trigger shoe and the trigger support (Figs. 8 and 10-11), the spring being movable from a first side (Fig. 8; left side) of a portion (12a) of the frame with the trigger shoe at a rest position (Fig. 8B) to a second side (Fig. 8; right side) of the portion of the frame opposite the first side with the trigger shoe at a firing position (Fig. 8A), and
the spring biasing the third portion of the trigger shoe into a first position (Fig. 8B) where the upper portion of the trigger shoe contacts the trigger support (Fig. 10B) and the third portion of the frame interferes with the third portion of the trigger shoe (Fig. 8B; col. 7 lines 49-59).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2, 7, 10, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cutini et al. (US 6843013) as applied to claims 1, 6, 9, and 14 above, respectively, and further in view of Lenkarski et al. (US 5402593), herein ‘Lenkarski’.
Regarding claims 2, 7, 10, and 15, Cutini docs not expressly teach a trigger bar operably coupled to the trigger support wherein movement of the trigger bar by movement of the trigger support causes a bullet to be fired from the pistol.
Lenkarski teaches a pistol (7) with a trigger assembly (16), the trigger assembly comprising: a trigger support (22) pivotally mounted to a frame (8) of the pistol (col. 4 lines 44-46), a trigger shoe (24) pivotally mounted to the trigger support (col. 3 lines 5-11), a spring (32) located between a portion of the trigger shoe and the trigger support (Fig. 2), the spring biasing the portion of the trigger shoe into a first portion where a portion of the frame blocks movement of the trigger shoe (Fig. 1; col. 3 line 59 - col. 4 line 5), and a trigger bar (20) operably coupled to the trigger support (col. 4 lines 33-38), wherein movement of the trigger bar by movement of the trigger support causes a bullet to be fired from the pistol (col. 2 line 64 - col. 3 line 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the trigger support of Cutini to be coupled to a trigger bar as taught by Lenkarski with a reasonable expectation of success in order to transmit movement from the trigger to a sear to release a firing pin spring to cause the pistol to fire when a user squeezes the trigger (Lenkarski; col. 2 line 64 - col. 3 line 2).
Conclusion
Claims 1-15 are rejected.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/BENJAMIN S. GOMBERG/
Examiner
Art Unit 3641