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)(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 1-4, 6, 8-12, 14, 15, and 17-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Myers (2017/0191779).
In reference to claim 1, Myers discloses a firearm suppressor (10) structured to be coupled adjacent to and in contact with a receiver of a firearm (element 12 of the suppressor 10 threadedly engages the receiver 20 at threads 18), the firearm suppressor comprising a baffle assembly structured to modulate exhaust gases discharged when the firearm is fired (at least elements 14, 24, 44, and 50 form the baffle assembly).
In reference to claim 2, Myers discloses the suppressor further comprising a firearm adapter (12) coupled to the baffle assembly, the firearm adapter being structured to receive a portion of a barrel of the firearm in concentric alignment with the baffle assembly (figure 2, barrel 16).
In reference to claim 3, Myers discloses wherein the baffle assembly comprises a baffle sleeve (24+44) and outer tube (14), and wherein the baffle sleeve forms a primary blast chamber (paragraph 24, lines 1-6, “expansion chamber”) and the outer tube forms a secondary blast chamber (chamber having baffles 50 therein).
In reference to claim 4, Myers discloses the claimed invention (end cap 52 threads onto inner baffle sleeve 14; internal barrel nut 24, baffles 50).
In reference to claim 6, Myers discloses the claimed invention, since the firearm is not positively required. The examiner asserts that the suppressor of Myers is capable of being coupled to some hypothetical firearm, known or unknown, the firearm being a lever action firearm.
In reference to claim 8, Myers discloses the claimed invention, as set forth above (suppressor 10 and receiver 20). It is noted that claim 8 does NOT positively require a firearm comprising a barrel and a magazine, wherein the magazine and a portion of the barrel are captured inside of a firearm adapter to then connect to a magazine clamp. The only positively claimed structures in claim 8 are the suppressor and the receiver. The examiner asserts that the suppressor of Myers is capable of being coupled to some hypothetical firearm, known or unknown, the firearm comprising a barrel and a magazine, wherein the magazine and a portion of the barrel are captured inside of a firearm adapter to then connect to a magazine clamp.
In reference to claim 9, Myers discloses the claimed invention, since none of the structures recited in the claim are positively required. Claim 9 merely serves to further define the unclaimed firearm of claim 8. The examiner asserts that the suppressor of Myers is capable of being coupled to some hypothetical firearm, known or unknown, the firearm comprising a magazine clamp, wherein the magazine clamp is coupled to the firearm adapter and configured to capture a portion of the barrel in a concentric alignment.
In reference to claim 10, Myers discloses the claimed invention, since none of the structures recited in the claim are positively required. Claim 10 merely serves to further define the unclaimed firearm of claims 8 and 9. The examiner asserts that the suppressor of Myers is capable of being coupled to some hypothetical firearm, known or unknown, the firearm comprising a magazine clamp, wherein the magazine clamp is structured to maintain alignment between the magazine and the barrel.
In reference to claim 11, Myers discloses the claimed invention, since none of the structures recited in the claim are positively required. Claim 11 merely serves to further define the unclaimed firearm of claim 8. The examiner asserts that the suppressor of Myers is capable of being coupled to some hypothetical firearm, known or unknown, the firearm comprising a tubular magazine extending lengthwise in a direction parallel to a barrel.
In reference to claim 12, Myers discloses the claimed invention, since the firearm is not positively required. Claim 12 merely serves to further define the unclaimed firearm of claim 8. The examiner asserts that the suppressor of Myers is capable of being coupled to some hypothetical firearm, known or unknown, the firearm being a lever action firearm.
In reference to claim 14, Myers discloses a firearm suppressor (10) structured to be coupled to a firearm, wherein the firearm comprises a barrel (16) and a receiver (20), wherein the firearm suppressor is structured to entirely enclose the barrel of the firearm and is in contact with the receiver (figure 2). It is noted that the suppressor of Myers entirely encloses the barrel of the firearm in the same manner as Applicant’s, i.e., circumferentially, without covering the breech and chamber (cartridges must be able to enter the breech from the receiver, and spent casings must be allowed an extraction path).
In reference to claim 15, Myers discloses the claimed invention (element 14 can be considered an inner baffle sleeve, since it is a baffle sleeve that is disposed inside an end of outer sleeve 12; the primary blast chamber can be considered either one of the “expansion chamber,” set forth in paragraph 24, or the chamber having baffles 50 therein).
In reference to claim 17, Myers discloses the claimed invention (internal barrel nut 24).
In reference to claim 18, Myers discloses the claimed invention (end cap 52).
In reference to claim 19, Myers discloses the claimed invention, since the firearm is not positively required. The examiner asserts that the suppressor of Myers is capable of being coupled to some hypothetical firearm, known or unknown, the firearm being a lever action firearm.
Claims 1, 5, 8-12, and 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Martin (2020/0166304).
In reference to claim 1, Martin discloses a firearm suppressor (suppressor 216, including “baffle assembly,” disclosed in paragraph 51, in combination with outer tube 640) structured to be coupled adjacent to and in contact with a receiver of a firearm (figure 2), the firearm suppressor comprising a baffle assembly structured to modulate exhaust gases discharged when the firearm is fired (see figure 5, arrows indicating gas flow out of barrel holes 320 and through holes 533 and vents holes 590).
In reference to claim 5, Martin discloses the claimed invention, since the firearm is not positively required. Claim 5 merely serves to further define the unclaimed firearm of claim 1. The examiner asserts that the suppressor of Martin is capable of being coupled to some hypothetical firearm, known or unknown, the firearm having a tubular magazine extending as claimed.
In reference to claim 8, Martin discloses a firearm suppressor (suppressor 216, including “baffle assembly,” disclosed in paragraph 51, in combination with outer tube 640) structured to be coupled to a firearm, wherein the firearm comprises a barrel, a receiver, and a magazine, and wherein the magazine and a portion of the barrel are captured inside of a firearm adapter to then connect to a magazine clamp, and wherein the firearm suppressor is in contact with the receiver (figure 2, the suppressor 216 is shown in contact with the right-hand end of receiver 213).
In reference to claim 9, Martin discloses the claimed invention, since none of the structures recited in the claim are positively required. Claim 9 merely serves to further define the unclaimed firearm of claim 8. The examiner asserts that the suppressor of Martin is capable of being coupled to some hypothetical firearm, known or unknown, the firearm comprising a magazine clamp, wherein the magazine clamp is coupled to the firearm adapter and configured to capture a portion of the barrel in a concentric alignment.
In reference to claim 10, Martin discloses the claimed invention, since none of the structures recited in the claim are positively required. Claim 10 merely serves to further define the unclaimed firearm of claims 8 and 9. The examiner asserts that the suppressor of Martin is capable of being coupled to some hypothetical firearm, known or unknown, the firearm comprising a magazine clamp, wherein the magazine clamp is structured to maintain alignment between the magazine and the barrel.
In reference to claim 11, Martin discloses the claimed invention, since none of the structures recited in the claim are positively required. Claim 11 merely serves to further define the unclaimed firearm of claim 8. The examiner asserts that the suppressor of Martin is capable of being coupled to some hypothetical firearm, known or unknown, the firearm comprising a tubular magazine extending lengthwise in a direction parallel to a barrel.
In reference to claim 12, Martin discloses the claimed invention, since the firearm is not positively required. Claim 12 merely serves to further define the unclaimed firearm of claim 8. The examiner asserts that the suppressor of Martin is capable of being coupled to some hypothetical firearm, known or unknown, the firearm being a lever action firearm.
In reference to claim 14, Martin discloses a firearm suppressor structured to be coupled to a firearm (suppressor 216, including “baffle assembly,” disclosed in paragraph 51, in combination with outer tube 640), wherein the firearm comprises a barrel and a receiver, wherein the firearm suppressor is structured to entirely enclose the barrel of the firearm and is in contact with the receiver (figure 2).
In reference to claim 15, Martin discloses the claimed invention (figure 4 shows the baffle sleeve of the suppressor; the primary blast chamber can be considered the space between elements 460 and 480).
In reference to claim 16, Martin discloses the claimed invention (figures 4-6, outer tube 640, the secondary blast chamber can be considered any one of the spaces between the outer tube and a horizontal baffle; paragraph 54 makes clear that the outer tube abuts the vertical baffles circumferentially, meaning the outer tube slides along the outer circumference of the vertical baffles as it is installed upon the baffle sleeve).
Claims 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kline (2011/0186377).
In reference to claim 14, Kline discloses a firearm suppressor structured to be coupled to a firearm (figures 11-12, combination of elements 1100 and 1210), wherein the firearm comprises a barrel and a receiver, wherein the firearm suppressor is structured to entirely enclose the barrel of the firearm and is in contact with the receiver (figures 11 and 12).
In reference to claim 15, Kline discloses the claimed invention (figure 11: baffle sleeve 1100, leftmost element 1137 is the primary blast chamber).
In reference to claim 16, Kline discloses the claimed invention (paragraph 74; secondary blast chamber is another one of elements 1137).
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 7, 13, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Myers in view of Herring (2024/0085132).
In reference to claim 7, Myers discloses the claimed invention, except for wherein the suppressor of claim 1 is combined with a lever action firearm. However, the suppressor of Myers, as set forth above, is intended for use in combination with an AR-pattern upper receiver (paragraph 2). Further, Herring teaches a known to form a lever action firearm with an AR-pattern upper receiver, in order to provide a lever action firearm that exhibits the characteristics and advantages associated with an AR-pattern firearm (e.g., ergonomics, compatibility, magazine choice, etc.; paragraphs 15 and 54; figures, upper receiver 114).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the suppressor of Myers with the lever action firearm of Herring, with a reasonable expectation of success, since Myers intends for the suppressor to be combined with an AR-pattern upper receiver, like that exhibited by the lever action firearm of Herring, and since the lever action firearm of Herring provides the characteristics and advantages associated with an AR-pattern firearm (e.g., ergonomics, compatibility, magazine choice, etc.).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Myers.
Myers discloses the clamed invention, including an outer tube (12) coupled to the inner baffle sleeve (14), but fails to explicitly disclose that the outer tube is slidably coupled to the inner baffle sleeve, as claimed. However, Myers disclose that the inner baffle sleeve (14) can be coupled to the outer tube (12) in a variety of different ways (paragraph 27). Further, figure 2 shows the outer tube (12) as receiving the inner baffle sleeve 14 with circumferential contact therebetween. The examiner notes there exists only a finite set of fitments between two circumferentially contacting structures (e.g., slide fit, interference fit, slip fit, press fit), and, further, such structures can be welded, bonded, or locked together after/during fitment. Thus, a person of ordinary skill in the art would be apprised of the possible fitments that could be effected between the outer tube and inner baffle sleeve prior to being secured, either permanently or not.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to at least try to effect the coupling of the outer tube and inner baffle sleeve via a slide fit, which is then secured via welding, bonding, or locking, with a reasonable expectation of success, in order to carry out the disclosed connection between these structures in a manner consistent with the disclosure of Myers (e.g., figure 2 and paragraph 27).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: see attached Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GABRIEL J KLEIN whose telephone number is (571)272-8229. The examiner can normally be reached 11:30am-8pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Troy Chambers can be reached at 571-272-6874. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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GABRIEL J. KLEIN
Examiner
Art Unit 3641
/Gabriel J. Klein/Primary Examiner, Art Unit 3641