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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the mounting plate being adjusted by sliding on set screws and the expansion rails enabling sliding must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 4, 7 and 21-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Roberson, US Patent No. 11,385,026 in view of Roberson, Patent Publication No. 20210055078, hereafter Roberson ‘078 in further view of Zimmer, US Patent Publication No. 9,441,915 in further view of Larsson et al., hereafter Larsson, US Patent No. 8,020,335
Regarding claim 1, Roberson discloses a firearm (title), comprising: a barrel (shown in figure 1); and an adjustable offset mount (100), the adjustable offset optic mount comprising: a mounting base (130) with attaching structure (136 and 2:50-3:28 discloses a rail interface); a main arm (132) extending from the base at an offset angle relative to vertical (shown in figures 1, 5 and 6 for example); and a mounting plate (112) adjustably coupled to the main arm, wherein the mounting plate is adjustable along a tangent line relative to a shoulder pivot point of the firearm while maintaining the offset angle (as shown in figures 2-3, 5 and 7-9 and disclosed in 3:38-4:5, the mounting position is moveable laterally using overlapping holes 140/142); however, while Roberson clearly considers a rail interface as an alternative, Roberson does not specifically disclose the structure of the firearm and receiver and attachment of other optics, the specific structure of the rail capture or the accessory attached to the offset mount being an optic.
Nonetheless, Roberson ‘078 shows an offset optic mount which details the specifics of a firearm onto which the offset mount is to be mounted and specifically shows the firearm has a receiver, stock, barrel and primary optic (108) (all shown in figure 1) and further teaches the specifics of a rail capture used with an offset mount (shown in figures 2 and 5 for example)
Thus it would have been obvious to one ordinary skill in the art at the time the invention was effectively filed to modify or define the implied firearm structure and explicit consideration of a rail interface in Roberson to have a configuration similar to that as taught by Roberson ‘078 with a reasonable expectation of success since one of ordinary skill in the art would recognize the partial firearm of Roberson to include a receiver and stock like that of Roberson ‘078 especially in view of Roberson’s disclosure of mounting to a rail interface. Additionally, Roberson ‘078 provides a clear teaching that it would have been obvious to use the offset mount with a primary optic in order to equip the firearm with an alternate or back up sighting system in [0003-0008].
Further regarding claim 1, Roberson discloses the offset mount and one of ordinary skill in the art would recognize the mount arm to be useable with any number of accessories; however, Roberson does not explicitly consider a second optic like that in Roberson ‘078. Nonetheless, Zimmer provides a clear teaching of an optic mounting structure (scope rings 125 with mounting screws 135 through structure 115 and into threaded portions of 125 as shown and taught in 4:66-5:41). The structure of Roberson uses threaded fasteners positioned in the lateral mounting holes through the arm extension in order to position an accessory and Zimmer provides a clear teaching of a structure which would be useable to mount an optic using the holes 140/142 of Roberson.
Thus it would have been obvious to one ordinary skill in the art at the time the invention was effectively filed to modify Roberson to mount an optic on the offset arm using a structure similar to that as taught by Zimmer with a reasonable expectation of success in order to allow for mounting of an optic sight which offers several advantages such as a back-up sighting system in the event the primary optic is damaged or an alternative optic which has a different magnification or eye relief than the primary optic while also allowing the user to adjust the position of the offset sight accessory using the adjustable structure of Roberson. Roberson ‘078 provides additional support that consideration of a second offset sight is well known in the art and would have been obvious for at least the reasons above.
Further regarding claim 1, Roberson does not specifically disclose the mounting plate is further adjustable in height relative to the main arm. Nonetheless, Larsson provides a clear teaching of a mounting for an accessory on firearm rail and providing a spacer 21 which may optionally be used to allow accessories to be mounted at different levels in order to adjust the optical axis/axes as in 1:23-31 and 2:26-38 and 2:58-3:15.
Thus it would have been obvious to one ordinary skill in the art at the time the invention was effectively filed to modify Roberson to utilize a spacer similar to that as taught by Larsson with a reasonable expectation of success in order to add the capability to adjust a variety of accessories and adjust the optical axis of the accessories like that taught by Larsson in 1:23-31 in order to allow a user to more comfortably use a sight or align the axes of more than one optical sight.
Regarding claim 4, Roberson as modified by Roberson ‘078, Zimmer and Larsson further discloses the main arm comprises a plurality of locating holes arranged along a length of the main arm (Roberson 140/142), wherein the mounting plate is adjustably coupled to the main arm using plate screws (Roberson 150) that engage with selected locating holes (Roberson, figures 2 and 3), and wherein the plurality of locating holes comprises at least three sets of holes corresponding to inner, middle, and outer mounting positions (best shown in figure 5 of Roberson, holes 140 have three sets of holes 142 which correspond to inner, middle and outer positions).
Regarding claim 7, Roberson as modified by Roberson ‘078, Zimmer and Larsson further discloses the rail capture is configured to attach to a Picatinny rail on the receiver (Roberson discloses MIL-STD-1913 which is to a Picatinny rail and Roberson ‘078 further teaches a Picatinny rail mount)
Regarding claim 21, Roberson as modified by Roberson ‘078, Zimmer and Larsson further discloses the adjustable offset optic mount further comprises one or more platform spacers (Larsson 21) positioned between the mounting plate and the main arm to adjust the height of the mounting plate (Figure 1 of Larsson shows placement of spacer 21 on the mounting interface. Roberson as modified by Larsson adds the spacer between the mounting plate and mounting plate to raise, or adjust, a level of the optical axis of the accessory held)
Regarding claim 22, Roberson as modified by Roberson ‘078, Zimmer and Larsson further discloses the mounting plate is continuously adjustable between end points along the main arm (in as much as the application discloses or shows “continuously adjustable” along the main arm, Roberson discloses the mounting plate 112 being continuously adjustable along the main arm. Roberson is moveable along the arm 132 in the holes 142 and continuously slidable between positions when the screws are loosened)
Regarding claim 23, in as much as the applicant discloses or illustrates the mounting plate sliding on set screws, Roberson as modified by Roberson ‘078, Zimmer and Larsson further discloses the mounting plate 112 slidable along 132 with screws 150 in the connected holes 142 (Roberson)
Claim(s) 8, 11, 13-15, 18, 25-27 and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Roberson, US Patent No. 11,385,026 in view of Zimmer in further view of Larsson et al., hereafter Larsson, US Patent No.
Regarding claim 8, Roberson discloses an adjustable offset optic mount (100) for a firearm, comprising: a mounting base (130) with attaching structure (136 and 2:50-3:28 discloses a rail interface); a main arm (132) extending from the base at an offset angle relative to vertical (shown in figures 1, 5 and 6 for example); and a mounting plate (112) adjustably coupled to the main arm; and a plurality of locating holes (140/142 as in figures 3, 5 and 9 for example) on the main arm, wherein the mounting plate is selectably attachable to the main arm at different positions using the plurality of locating holes allowing adjustment of the accessory along a tangent line relative to a shoulder pivot point of the firearm while maintaining the offset angle (as shown in figures 2-3, 5 and 7-9 and disclosed in 3:38-4:5, the mounting position is moveable laterally between 3 lateral positions using overlapping holes 140/142); however, while Roberson clearly considers a rail interface as an alternative, Roberson does not specifically disclose a structure of the rail capture or the accessory attached to the offset mount being an optic.
Nonetheless, Zimmer provides a clear teaching an offset optic mounting structure (100) which has a rail capture (2:54-3:8) and teaches an optic mounting structure (scope rings 125 with mounting screws 135 through structure 115 and into threaded portions of 125 as shown and taught in 4:66-5:41). The structure of Roberson uses threaded fasteners positioned in the lateral mounting holes through the arm extension in order to position an accessory and Zimmer provides a clear teaching of a structure which would be useable to mount an optic using the holes 140/142 of Roberson.
Thus it would have been obvious to one ordinary skill in the art at the time the invention was effectively filed to modify or define the interface of Roberson to be a rail capture like that considered and the mounted accessory to be an optic on the offset arm using a structure similar to that as taught by Zimmer with a reasonable expectation of success since Roberson considers a rail interface and Zimmer provides a clear teaching of a structure known in the art and in order to allow for mounting of an optic sight which offers several advantages such as a back-up sighting system in the event the primary optic is damaged or an alternative optic which has a different magnification or eye relief than the primary optic while also allowing the user to adjust the position of the offset sight accessory using the adjustable structure of Roberson. Roberson ‘078 provides additional support that consideration of a second offset sight is well known in the art and would have been obvious for at least the reasons above.
Further regarding claim 1, Roberson does not specifically disclose the mounting plate is further adjustable in height relative to the main arm. Nonetheless, Larsson provides a clear teaching of a mounting for an accessory on firearm rail and providing a spacer 21 which may optionally be used to allow accessories to be mounted at different levels in order to adjust the optical axis/axes as in 1:23-31 and 2:26-38 and 2:58-3:15.
Thus it would have been obvious to one ordinary skill in the art at the time the invention was effectively filed to modify Roberson to utilize a spacer similar to that as taught by Larsson with a reasonable expectation of success in order to add the capability to adjust a variety of accessories and adjust the optical axis of the accessories like that taught by Larsson in 1:23-31 in order to allow a user to more comfortably use a sight or align the axes of more than one optical sight.
Regarding claim 11, Roberson as modified by Zimmer and Larsson further discloses the mounting plate is adjustably coupled to the main arm using plate screws (Roberson 150) that engage with selected locating holes (Roberson, figures 2 and 3), and wherein the plurality of locating holes comprises at least three sets of holes corresponding to inner, middle, and outer mounting positions (best shown in figure 5 of Roberson, holes 140 have three sets of holes 142 which correspond to inner, middle and outer positions).
Regarding claim 11, Roberson as modified by Zimmer and Larsson further discloses the rail capture is configured to attach to a Picatinny rail on the receiver (Roberson discloses MIL-STD-1913 which is to a Picatinny rail and Roberson ‘078 further teaches a Picatinny rail mount)
Regarding claim 14, Roberson as modified by Zimmer further discloses a quick adjust mechanism with arm tightening for rapid adjustments to the position of the mounting plate without tools (Zimmer 3:4-8 clearly teaches a quick adjust throw lever assembly to allow for securing the base to the rail instead of the clamps 111 and fasteners 112. If the applicant feels this teaching is not sufficient, an additional reference teaching the structure is known in the art is available if requested)
Regarding claim 25, Roberson as modified by Zimmer and Larsson further discloses the adjustable offset optic mount further comprises one or more platform spacers (Larsson 21) positioned between the mounting plate and the main arm to adjust the height of the mounting plate (Figure 1 of Larsson shows placement of spacer 21 on the mounting interface. Roberson as modified by Larsson adds the spacer between the mounting plate and mounting plate to raise, or adjust, a level of the optical axis of the accessory held)
Regarding claim 26, Roberson as modified by Zimmer and Larsson further discloses the mounting plate is continuously adjustable between end points along the main arm (in as much as the application discloses or shows “continuously adjustable” along the main arm, Roberson discloses the mounting plate 112 being continuously adjustable along the main arm. Roberson is moveable along the arm 132 in the holes 142 and continuously slidable between positions when the screws are loosened)
Regarding claim 27, in as much as the applicant discloses or illustrates the mounting plate sliding on set screws, Roberson as modified by Zimmer and Larsson further discloses the mounting plate 112 slidable along 132 with screws 150 in the connected holes 142 (Roberson)
Regarding claims 15, 18, 20 and 29, the method steps are rendered obvious since such would have been an obvious manner of using the apparatus of Roberson as modified by Zimmer and Larsson as disclosed above.
Allowable Subject Matter
Claims 24, 28 and 30 are objected to as being dependent upon a rejected base claim, but appear to be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 2/25/26 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim(s) 1, 8 and 15 have been considered but are moot because the new ground of rejection addresses the amended claims and does not rely on previously presented prior art references to meet the amended and argued limitations. The arguments that Roberson and Zimmer fail to disclose or teach additionally adjusting the height is correct; however, the amendment to the claims required additional search and consideration of the prior art of record. Larsson provides a clear teaching of using a spacer to adjust the optical axis of a mounted accessory and is useable in combination with Roberson as detailed above.
Conclusion
Applicant's amendment necessitated any 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DERRICK R MORGAN whose telephone number is (571)272-6352. The examiner can normally be reached M-F 9:00-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Troy Chambers can be reached at 5712726874. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DERRICK R MORGAN/ Primary Examiner, Art Unit 3641
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