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 § 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 – 5 and 9 – 14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Berkeypile et al. (US 12,492,877).
With respect to claims 1 and 11, Berkeypile et al. teach a suppressor for a multi-barrel rotary machine gun (Figs.4 and 5), comprising a suppressor body that extends about a longitudinal axis (Fig.4); a plurality of blast chambers (Figs.10 and 12, Items 124) defined within the suppressor body, parallel with and about the longitudinal axis (Fig.12); a rear wall panel (Figs.10 and 12, Item 125) defining a plurality of barrel muzzle ports (Fig.10, Items 121), each one of the barrel muzzle ports corresponding to respective ones of the plurality of blast chambers (Fig.10, Items 124) and configured to seal a muzzle end of a barrel of the multi-barrel rotary machine gun; tubular suppressor connector (Fig.11, Item 125) connected with the rear wall panel and disposed about the longitudinal axis; and a forward end panel (Fig.11, Item 129), the forward end panel defining a plurality of discharge ports (Fig.11, Item 121) corresponding to the respective ones of the plurality of blast chambers (Fig.11, Items 124).
With respect to claim 2, Berkeypile et al. teach wherein each one of the plurality of blast chambers (Fig.13, Items 124) includes a set of baffles (Fig.13, Items 1242).
With respect to claim 3, Berkeypile et al. teach wherein each set of baffles (Fig.13, Items 1242) projects inwardly and rearwardly from the suppressor body, having baffle ends that are disposed in spaced relation, each set of baffle ends defining a projectile path (Fig.13).
With respect to claim 4, Berkeypile et al. teach wherein the suppressor body further defines a central body opening through which the longitudinal axis extends (Figs.13 – 15, Item 122).
With respect to claim 5, Berkeypile et al. teach wherein the tubular suppressor connector (Figs.12 and 13, Item 125) defines a central connector opening fluidly coupled with the central body opening (Fig.13, Item 122).
With respect to claims 9 and 11, Berkeypile et al. further comprising a clamp member (Fig.17, Item 170) configured for mounting the tubular suppressor connector to a barrel array of the multi-barrel rotary machine gun (Col.6, Lines 44 – 64).
With respect to claims 10 and 12, Berkeypile et al. teach wherein the clamp member includes a clamp base (Fig.17, Item 172) that defines a plurality of barrel receptacle openings (Fig.17, Items 173); a positioning stem (Fig.17, Item 174) extending forward from the clamp base; and a forward externally threaded end (Fig.17, Item 176) configured to engage the tubular suppressor connector (Fig.12, Item 125), the tubular suppressor connector including a correspondingly threaded inner circumference (Col.6, Lines 44 – 46).
With respect to claim 13, Berkeypile et al. teach wherein the positioning stem (Fig.17, Item 174) defines a plurality of cut-outs (Col.7, Lines 10 – 14).
With respect to claim 14, Berkeypile et al. teach wherein the clamp base (Fig.17, Item 172) has a first diameter and the positioning stem (Fig.17, Item 174) has a second diameter, and wherein the first diameter is greater than the second diameter (Fig.17).
Claim Rejections - 35 USC § 103
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.
Claims 15 – 18 are rejected under 35 U.S.C. 103 as being unpatentable over Berkeypile et al. (US 12,492,877) in view of Dieterle (DE 10 2014 119 738).
With respect to claims 15 and 16, Berkeypile et al. teach the limitations already discussed in a previous rejection, but fail to disclose wherein the barrel muzzle ports define a circular retainer seal groove about its inner periphery, and includes a gasket disposed in each one of the circular retainer seal grooves.
Nevertheless, Dieterle teaches a suppressor (Fig.1) comprising a barrel muzzle port (Fig.1, Item 4) defining a circular retainer seal groove about its inner periphery, and includes a gasket (Fig.1, Item 6) disposed in each one of the circular retainer seal grooves, and wherein the gasket disposed in each one of the circular retainer seal grooves includes a split ring sealing gasket (Specification: figure description ¶ [0009]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the Dieterle gasket configuration with the Berkeypile et al. design because it would help prevent unwanted loosening of the suppressor by the use of the barrel, also it would provide an airtight connection of the suppressor to the barrel that would help maintain the airflow inside the suppressor.
With respect to claim 17, Berkeypile et al. teach wherein the rear wall panel further includes a plurality of barrel entry projections (Fig.13, Items 1241), each of the barrel entry projections corresponding to each of the plurality of barrel muzzle ports.
With respect to claim 18, Dieterle teaches wherein each of the plurality of barrel entry projections (Fig.1, Item 4) have a tubular configuration of decreasing diameter.
Allowable Subject Matter
Claims 6 – 8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The attached hereto PTO Form 892 lists prior art made of record that the Examiner considered it pertinent to applicant's disclosure.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDGARDO SAN MARTIN whose telephone number is (571)272-2074. The examiner can normally be reached on 9:00 - 5:00 M - F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shawki S. Ismail can be reached on 571-272-3985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Edgardo San Martin/
Edgardo San Martín
Primary Examiner
Art Unit 2837
September 19, 2026
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