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 .
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.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Drawings
The drawings were received on 2/5/2025. These drawings are acceptable.
Specification
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claim(s) 13 is/are objected to because: Claim 13 does not appear to exist. For the purposes of examination, claim 13 is considered to be cancelled. Appropriate correction is required.
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) 1-7, 10, and 15-20 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.
Regarding claim 1, the limitation “said cantilever spring including an upper extreme protruding above said floor and thereby retaining said first lateral flange within said first longitudinal slot” in lines 11-12 appears to positively claim the first lateral flange (and by extension, the magazine tube). However, applicant previously recited limitations where the magazine tube and the components thereof were not positively claimed (see, e.g., lines 1-2 and lines 4-6), thereby rendering the claim indefinite, since it is unclear as to whether or not the magazine tube and the components thereof are being positively claimed by applicant.
Claim 10 recites the limitation “said first flange” (line 2). There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 15, the limitation “said cantilever spring having an undeflected position in which an upper extreme of said cantilever spring protrudes above said floor, thereby preventing sliding motion between said magazine tube and said body” in lines 8-10 appears to positively claim the magazine tube. However, applicant previously recited limitations where the magazine tube was not positively claimed (see, e.g., lines 1-2, lines 4-5, and lines 11-13), thereby rendering the claim indefinite, since it is unclear as to whether or not the magazine tube is being positively claimed by applicant.
Claim(s) 2-7 and 16-20 is/are rejected for depending from an indefinite claim.
Claim Rejections - 35 USC § 102
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) 1-12 and 14-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brown et al. (US 10921075), herein ‘Brown’.
Regarding claims 1 and 8, Brown discloses a base pad (68) configured to be slidably attached to a magazine tube (50) having a first lateral flange (117; Fig. 11; col. 11 lines 30-36) and a second lateral flange (117; Fig. 11; col. 11 lines 30-36) on a lower end (56; Fig. 5) of the magazine, the base pad comprising:
a body (Figs. 5-10; col. 11 lines 6-7) with a front (113), a first lateral side (115), a second lateral side (115), a back (114), and a floor (116);
said body having a first longitudinal slot configured to receive said first lateral flange and a second longitudinal slot configured to receive said second lateral flange (Figs. 5-15; col. 11 line 56 – col. 12 line 3; each longitudinal slot corresponding to the longitudinal space between the bottom surfaces of teeth 109 and top surface 112 of bottom wall 116);
a cantilever spring (121) having a fixed end (121-3) and a free end (121-4), with said fixed end being connected to said body (Fig. 12; col. 12 lines 4-8);
said cantilever spring being longitudinally oriented (Fig. 8), with said free end of said cantilever spring lying proximate said back of said body (Fig. 8; col. 12 lines 4-6);
said cantilever spring including an upper extreme (Fig. 12; between ramp 121-1 and abutment surface 121-2) protruding above said floor (Fig. 12) to retain said first lateral flange within said first longitudinal slot (Fig. 15; col. 14 lines 13-14); and
said cantilever spring being elastically flexible (col. 13 lines 46-49) so that said upper extreme can move downward sufficiently to allow said first lateral flange to slide out of said first longitudinal slot without causing plastic deformation of the cantilever spring (col. 14 lines 20-32).
Regarding claims 2 and 9, Brown discloses wherein said cantilever spring includes a vertical portion (121-2) configured to bear against a trailing portion of said first lateral flange when said first lateral flange rests within said first longitudinal slot (Fig. 15).
Regarding claims 3-4 and 10-11, Brown discloses wherein said cantilever spring includes an angled portion (121-1) configured to bear against a leading portion of said first lateral flange so that said first lateral flange cams said free end of said cantilever spring downward as said first lateral flange is moved toward said first longitudinal slot (Fig. 14).
Regarding claims 5 and 12, Brown discloses a separate engagement portion attached to said free end of said cantilever spring (Fig. 12; col. 12 lines 8-9), said separate engagement portion including a vertical portion (121-2) configured to bear against a trailing portion of said first lateral flange when said first lateral flange rests within said first longitudinal slot (Fig. 15).
Regarding claim 6, Brown discloses a separate engagement portion attached to said free end of said cantilever spring (Fig. 12; col. 12 lines 8-9), said separate engagement portion including an angled portion (121-1) configured to bear against a leading portion of said first lateral flange so that said first lateral flange cams said free end of said cantilever spring downward as said first lateral flange is moved toward said first longitudinal slot (Fig. 14).
Regarding claims 7 and 14, Brown discloses wherein said cantilever spring includes an arcuate segment (121-4; Figs. 8 and 12).
Regarding claim 15, Brown discloses a base pad (68) configured to be slidably attached to a magazine tube (50) having a forward wall (57), a left side wall (59), a right side wall (59), and a rearward wall (58), the base pad comprising:
a body (Figs. 5-10; col. 11 lines 6-7) with a front (113), a first lateral side (115), a second lateral side (115), a back (114), and a floor (116);
said body being configured to slidably engage a lower portion (56) of said magazine tube (Figs. 5-15; col. 11 line 56 – col. 12 line 3);
a cantilever spring (121) having a fixed end (121-3) and a free end (121-4), with said fixed end being connected to said body (Fig. 12; col. 12 lines 4-8);
said cantilever spring having an undeflected position (Fig. 15) in which an upper extreme (Fig. 12; between ramp 121-1 and abutment surface 121-2) of said cantilever spring protrudes above said floor (Figs. 12-13 and 15) to prevent sliding motion between said magazine tube and said body (Fig. 15; col. 14 lines 13-19); and
said cantilever spring having a deflected position (Fig. 14) in which said upper extreme moves downward sufficiently to allow said magazine tube to slide with respect to said base pad (Fig. 13; col. 13 lines 63-67; col. 14 lines 23-30).
Regarding claim 16, Brown discloses wherein said cantilever spring includes a vertical portion (121-2) configured to bear against a trailing portion of said magazine tube (Fig. 15).
Regarding claims 17-18, Brown discloses wherein said cantilever spring includes an angled portion (121-1) configured to bear against a leading portion of a lateral flange (58-1; or 117; Fig. 11; col. 11 lines 30-36) on said magazine tube so that said lateral flange cams said free end of said cantilever spring downward as said lateral flange is moved into engagement with said body (Fig. 14).
Regarding claim 19, Brown discloses a separate engagement portion attached to said free end of said cantilever spring (Fig. 12; col. 12 lines 8-9), said separate engagement portion including a vertical portion (121-2) configured to bear against a trailing portion of said magazine tube (Fig. 15).
Regarding claim 20, Brown discloses a separate engagement portion attached to said free end of said cantilever spring (Fig. 12; col. 12 lines 8-9), said separate engagement portion including an angled portion (121-1) configured to bear against a leading portion of said magazine tube so that said magazine tube cams said free end of said cantilever spring downward as said magazine tube slides into engagement with said body (Fig. 14).
Conclusion
Claim 13 is cancelled. Claims 1-12 and 14-20 are rejected.
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 BENJAMIN S GOMBERG whose telephone number is (571)272-4802. The examiner can normally be reached Monday - Friday 8:30 AM - 5:00 PM EST.
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/Troy Chambers/Supervisory Patent Examiner, Art Unit 3641
/BENJAMIN S. GOMBERG/
Examiner
Art Unit 3641