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 .
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, 5, 8-10, 15, 16 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Horne et al (5,142,805).
Horne et al disclose a firearm 10 comprising all claimed elements including a barrel; a slide; a frame with a grip, the grip 16, 18 having a chamber to receive a magazine; a plurality of sensors 34, 38 carried by the grip, the sensors for sensing a state of the magazine corresponding to a number of ammunition cartridges in the magazine and sending a signal corresponding to that number; a display 24 on the rear surface of the grip, the display comprising a plurality of illuminating devices (including an LCD and a back light 40) and where the display is coupled to the sensors to receive the signal and then visually present the number of cartridges in the magazine; a controller 22, 42, 50 carried by the frame and coupled to the sensors and the display; and where the sensors can be pressure activation switches 100, 102; and a detachable portion 16 of the grip which carries at least one of the sensors.
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 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Horne et al (5,142,805) in view of Herold et al (5,826,360).
Horne et al disclose a firearm 10 comprising most claimed elements including a barrel; a slide; a frame with a grip, the grip 16, 18 having a chamber to receive a magazine; a plurality of sensors 34, 38 carried by the grip, the sensors for sensing a state of the magazine corresponding to a number of ammunition cartridges in the magazine and sending a signal corresponding to that number; a display 24 (including an LCD and a back light 40) on the rear surface of the grip, the display comprising a plurality of illuminating devices and where the display is coupled to the sensors to receive the signal and then visually present the number of cartridges in the magazine; a controller 22, 42, 50 carried by the frame and coupled to the sensors and the display; and where the sensors can be pressure activation switches 100, 102; and a detachable portion 16 of the grip which carries at least one of the sensors. Horne et al fail to show sensors adapted to sense the position of a magazine follower and, in particular, being a Hall sensor to sense the follower position. Herold et al teach that it is known in a pistol ammunition counting system to use a Hall sensor (column 12, lines 13- 14) to determine the position of a magazine follower to determine the number of cartridges in the magazine. Motivation to combine is merely substituting known ways to determine how many cartridges are in the magazine, with the attendant advantages inherent in determining where the element that actually moves the cartridges is positioned. To employ the teachings of Herold et al on the pistol of Horne et al and have a Hall sensor determining the position of the follower is considered to have been obvious to one having ordinary skill in the art.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Horne et al (5,142,805) in view of Bensayan et al (2015/0113851).
Horne et al disclose a firearm 10 comprising most claimed elements including a barrel; a slide; a frame with a grip, the grip 16, 18 having a chamber to receive a magazine; a plurality of sensors 34, 38 carried by the grip, the sensors for sensing a state of the magazine corresponding to a number of ammunition cartridges in the magazine and sending a signal corresponding to that number; a display 24 (including an LCD and a back light 40) on the rear surface of the grip, the display comprising a plurality of illuminating devices and where the display is coupled to the sensors to receive the signal and then visually present the number of cartridges in the magazine; a controller 22, 42, 50 carried by the frame and coupled to the sensors and the display; and where the sensors can be pressure activation switches 100, 102; and a detachable portion 16 of the grip which carries at least one of the sensors. Horne et al fail to show the activation sensors are capacitive touch sensors. Bensayan et al teach that it is known to use capacitive touch sensors as activation sensors in firearms. Motivation to combine is the mere substitution of known sensors to perform the same function. To employ the teachings of Bensayan et al on the pistol of Horne et al and have a capacitive activation sensor is considered to have been obvious to one having ordinary skill in the art.
Claims 7, 11, 12, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Horne et al (5,142,805) in view of Seckman (2016/0069629).
Horne et al disclose a firearm 10 comprising most claimed elements including a barrel; a slide; a frame with a grip, the grip 16, 18 having a chamber to receive a magazine; a plurality of sensors 34, 38 carried by the grip, the sensors for sensing a state of the magazine corresponding to a number of ammunition cartridges in the magazine and sending a signal corresponding to that number; a display 24 (including an LCD and a back light 40) on the rear surface of the grip, the display comprising a plurality of illuminating devices and where the display is coupled to the sensors to receive the signal and then visually present the number of cartridges in the magazine; a controller 22, 42, 50 carried by the frame and coupled to the sensors and the display; and where the sensors can be pressure activation switches 100, 102; and a detachable portion 16 of the grip which carries at least one of the sensors. Horne et al fail to show acceleration sensors for detecting positions of the firearm and allowing activation of the systems. Seckman teaches (see paragraph 47) that it is known to use acceleration sensors 26 as firearm motion/position indicators and activation sensors in firearms with magazine round counters. Motivation to combine is the improved performance of using known sensors to provide data on when to activate the firearm systems. To employ the teachings of Seckman on the pistol of Horne et al and have an acceleration motion/position and activation sensor is considered to have been obvious to one having ordinary skill in the art.
Claims 13, 14, 18, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Horne et al (5,142,805) in view of Seckman (2016/0069629) as applied to claims 7, 11, 12, and 17 above, and further in view of Bensayan et al (2015/0113851).
Horne et al fail to show the activation sensors are capacitive touch sensors. Bensayan et al teach that it is known to use capacitive touch sensors as activation sensors in firearms. Motivation to combine is the mere substitution of known sensors to perform the same function. To employ the teachings of Bensayan et al on the pistol of Horne et al and have a capacitive activation sensor is considered to have been obvious to one having ordinary skill in the art.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Horne et al (5,142,805) in view of Seckman (2016/0069629) and Bensayan et al (2015/0113851) as applied to claims 13, 14, 18, and 19 above and further in view of Herold et al (5,826,360).
Horne et al fail to show sensors adapted to sense the position of a magazine follower and, in particular, being a Hall sensor to sense the follower position. Herold et al teach that it is known in a pistol ammunition counting system to use a Hall sensor (column 12, lines 13- 14) to determine the position of a magazine follower to determine the number of cartridges in the magazine. Motivation to combine is merely substituting known ways to determine how many cartridges are in the magazine, with the attendant advantages inherent in determining where the element that actually moves the cartridges is positioned. To employ the teachings of Herold et al on the pistol of Horne et al and have a Hall sensor determining the position of the follower is considered to have been obvious to one having ordinary skill in the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to J. WOODROW ELDRED whose telephone number is (571)272-6901. The examiner can normally be reached M-F 9:00-5:30.
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/J. Woodrow Eldred/Primary Examiner, Art Unit 3641
JWE