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 because Figures 4-7 have solid shading which is not permitted. See 37 CFR 1.84(m).
The drawings are objected to because Figures 4-7 are sectional views that do not have hatching which is not permitted. See 37 CFR 1.84(h)(3).
The drawings are objected to because numeral 603 in Figure 6 is pointing to a projectile and not to a guiding feature as disclosed in Paragraph 028 of the specification.
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.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the phrase “inverted position” does not appear to have antecedent basis in the originally filed specification. Should Paragraph 002 be amended to recite --in an inverted position--?
Claim Objections
Claims 10 and 15 are objected to because of the following informalities:
Claim 10, lines 3-4, recites “an neutral” which is grammatically incorrect and should be changed to --a neutral--.
Claim 10, line 4, recites “a funnelling surface” which is grammatically incorrect and should be changed to --a funneling surface--.
Claim 10, line 11, recites “a funnelling surface” which is grammatically incorrect and should be changed to --a funneling surface--.
Claim 15, line 1, recites “wherein inverted position” which is grammatically incorrect and should be changed to --wherein the inverted position--.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 10-17 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.
Claim 10, line 11, recites “a funnelling surface” which is indefinite because it is unclear how the funnelling surface from line 11 is related to or different from the funnelling surface from line 4. Does the hopper have two separate funnelling surfaces?
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.
Claims 10-17, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Watson et al. (US 2005/0103317 A1).
Regarding claim 10, Watson et al. discloses a projectile launcher comprising:
a firing mechanism (20);
a hopper (50, 60) positioned above the firing mechanism when the projectile launcher is in a neutral firing orientation (see Figure 2), the hopper comprising a funneling surface (the bottom horizontal surface of 60 to the right of 120 that the balls directly contact when the weapon is in the neutral firing orientation);
a magazine (70; a portion of 70 is below 20 as shown in Figure 2) positioned below the firing mechanism when the projectile launcher is in the neutral firing orientation, wherein an interior volume (the interior of 70) of the magazine is fluidly connected to an interior volume (the interior of 60) of the hopper;
intermediate guiding features (the top and bottom surfaces between 80 and 120 in Figure 2) separating the magazine and the hopper, the intermediate guiding features are configured to assist a plurality of projectiles (paintballs) flowing from the magazine to the hopper;
a funneling surface (the bottom horizontal surface of 60 to the right of 120 that the balls directly contact when the weapon is in the neutral firing orientation) formed in the hopper and configured to assist movement of the plurality of projectiles from the hopper to the firing mechanism; and
a non-return flap (80) positioned between the interior volume of the hopper and the interior volume of the magazine, the non-return flap movable between a closed position (see Figure 2) and an open position (see Figure 3a), wherein the non-return flap moves to the open position when the projectile launcher is moved from the neutral position to an inverted position (see Figure 3a) and the non-return flap moves to the closed position when the projectile launcher is moved to the neutral position (see Figure 2).
Regarding claim 11, Watson et al. discloses that when the non-return flap is in the open position, the plurality of projectiles contained in the magazine transfer to the interior volume of the hopper (see Figure 3a).
Regarding claim 12, Watson et al. discloses that the non-return flap is hinged at a first end (at the top of 80; see Figures 2 and 3a) thereof, wherein when the projectile launcher is in the neutral position, the non-return flap is moved to the closed position by gravity and when the projectile launcher is in the inverted position, the non-return flap is moved to the open position by gravity (see the movement of 80 between Figures 2 and 3a).
Regarding claim 13, Watson et al. discloses that the hopper is non-removable (50 forms the outer shape of the weapon thus is not removable as is shown in the embodiment in the figures).
Regarding claim 14, Watson et al. discloses that the magazine is removable (see Paragraph 0035).
Regarding claim 15, Watson et al. discloses that the inverted position is at least 90° offset from the neutral position (see the movement of the weapon in Figures 2 and 3a).
Regarding claim 16, Watson et al. discloses that the plurality of projectiles are substantially spherical (see the shape of the balls in Figure 2).
Regarding claim 17, Watson et al. discloses that the plurality of projectiles are gel pellets, paint balls (see Paragraph 0030), plastic pellets, or foam balls.
Conclusion
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 ADAM D ROGERS whose telephone number is (571)272-6561. The examiner can normally be reached Monday through Friday from 6AM-2:00PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Olszewski can be reached at (571)272-2706. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM D ROGERS/ Primary Examiner, Art Unit 3617
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