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 the lines in FIG 1 is too light to be reproduced correctly and FIG. 2 is a black and white photograph without any reference numerals. However, photographs, including photocopies of photographs, are not ordinarily permitted in utility and design patent applications. The Office will accept photographs in utility and design patent applications, however, if photographs are the only practicable medium for illustrating the claimed invention (see CFR. 1.84). 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.
Claim Rejections - 35 USC § 103
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 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 1-4, 6-15 are rejected under 35 U.S.C. 103 as being unpatentable over Monti US 20160084605, in view of Grant US 20100173686 and further in view of Botten WO 2011043673 A1
Claim 1: The Monti reference provides a teaching of firearm simulation device (see Abstract weapon effect simulator) comprising:
a housing (see FIG.4 item 20),
a trigger assembly connected to the housing (see FIG. 4 item 170)
a barrel extending from the housing (see FIG. 4 item 310);
a haptics module storing haptics instructions (see paragraph 252 haptic device for simulating different recoil and haptic effect);
a rate of fire selector switch (see paragraph 173 item 450 fire rate selector switch);
an electronic controller configured to receive an activation signal from the trigger assembly, haptics instructions from the haptics module, and a rate of fire selection from the rate of fire selector switch (see paragraph 242); and
to execute haptics instructions; a simulation data interface configured to receive and store simulated firearm function data from the electronic controller (see paragraph 221 showing different type of different simulated fire arm), and
a power supply configured to provide power to the first firearm simulation device (see paragraph 141 “battery/power source”).
The Monti reference is silent on the teaching of visual instructions from the visual module, audio instructions from the audio module; a visual module storing visual instructions, an audio module storing audio instructions, execute visual instructions, and audio instructions upon the activation signal.
However, the Grant reference provides a teaching of visual instructions from the visual module, a visual module storing visual instructions, execute visual instructions upon the activation signal (see paragraph 51 series of LED that illuminates as the weapon “heat up”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Monti reference with the feature of visual instructions from the visual module, a visual module storing visual instructions, execute visual instructions upon the activation signal, as taught by the Grant reference, in order to simulate different failure situation (see paragraph 51 and 53).
The Botten reference provides a teaching of audio instructions from the audio module, an audio module storing audio instructions and audio instructions upon the activation signal (see page 12 line 20-30 audio controller and memory; and page 15 second paragraph loudspeaker sounds based on the safety and the type of burst).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Monti reference with the feature of audio instructions from the audio module, an audio module storing audio instructions and audio instructions upon the activation signal, as taught by the Botten reference, in order to provide a realistic simulation of the weapon function.
Claim 2: The Monti reference provides a teaching of , wherein the haptics module further comprises
a bolt system configured to activate a bolt assembly (see paragraph 86 “bolt”) and generate a recoil force in the housing based on at least one of a trigger assembly activation, a rate of fire selector switch position, and the haptics module, wherein the recoil force simulates a firearm discharge event (see paragraph 148).
Claim 3: The Monti reference provides a teaching of wherein the housing is configured to approximate the size and shape of a firearm receiver (see FIG. 4 item 20 approximate the shape of M4 and paragraph 85).
Claim 4: The Monti reference is silent on the teaching of wherein the barrel further comprises at least one LED configured to emit light based on at least one of a trigger assembly activation, a rate of fire selector switch position, the haptics module, and the visual module, wherein the emitted light simulates a firearm discharge event.
However, the Grant reference provides a teaching of wherein the barrel further comprises at least one LED configured to emit light based on at least one of a trigger assembly activation, a rate of fire selector switch position, the haptics module, and the visual module, wherein the emitted light simulates a firearm discharge event (see paragraph 51 series of LED that illuminates as the weapon “heat up”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Elmore reference with the feature of wherein the barrel further comprises at least one LED configured to emit light based on at least one of a trigger assembly activation, a rate of fire selector switch position, the haptics module, and the visual module, wherein the emitted light simulates a firearm discharge event, as taught by the Grant reference, in order to simulate different failure situation (see paragraph 51 and 53).
Claim 6: The Monti reference provides a teaching of wherein the housing further comprises at least one speaker system configured to emit a firearm discharge sound based on at least one of a trigger assembly activation, the rate of fire selector switch position, the haptics module, and the audio module, the firearm discharge sound simulating a firearm discharge event.
However, the Botten reference provides a teaching of wherein the housing further comprises at least one speaker system configured to emit a firearm discharge sound based on at least one of a trigger assembly activation, the rate of fire selector switch position, the haptics module, and the audio module, the firearm discharge sound simulating a firearm discharge event (see page 15 second paragraph loudspeaker sounds based on the safety and the type of burst).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Monti reference with the feature of wherein the housing further comprises at least one speaker system configured to emit a firearm discharge sound based on at least one of a trigger assembly activation, the rate of fire selector switch position, the haptics module, and the audio module, the firearm discharge sound simulating a firearm discharge event, as taught by the Botten reference, in order to provide a realistic simulation of the weapon function.
Claim 7: The Monti reference is silent on the teaching of wherein the speaker is configured to emit the firearm discharge sound in sequence with a bolt assembly activation.
However, the Botten reference provides a teaching of wherein the speaker is configured to emit the firearm discharge sound in sequence with a bolt assembly activation ((see page 15 second paragraph loudspeaker sounds based on the safety and the type of burst and the bolt).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Monti reference with the feature of wherein the speaker is configured to emit the firearm discharge sound in sequence with a bolt assembly activation, as taught by the Botten reference, in order to provide a realistic simulation of the weapon function.
Claim 8: The combination of Monti, Grant and Botten reference is silent on the teaching of wherein the bolt assembly activation, the light emittance, the muzzle flare effect, and the firearm discharge sound occur in a sequence configured to simulate a firearm discharge event (see rejection of claim 1, 2 and 5-7).
Claim 9: The Monti reference provides a teaching of wherein at least one of the haptics are configured to simulate a firearm discharge event for a selected firearm (see paragraph 131 haptic pattern for different type of rifle).
Claim 10: The Monti wherein the electronic controller is configured to receive simulated firearm profile data for a selected firearm (see paragraph 149), and modify at least one of the haptics instructions to simulate the selected firearm (see paragraph 131 haptic pattern for different type of rifle).).
Claim 11: The Monti reference provides a teaching of wherein the power supply receives power from at least one of a battery (see paragraph 243 battery).
Claim 12: The Monti reference provides a teaching of wherein the haptics module further comprises
an electric coil (see FIG. 22 item 520 coils) configured to apply a linear electromagnetic force on a weighted rod moveable within the coil against a spring (see paragraph 263 spring 950) wherein the spring expands to force the weighted rod to a starting position when the electric coil is unpowered (see paragraph 263).
Claim 13: The Monti reference provides a teaching wherein at least one of the coil, the weighted rod, and the spring are configured for replacement to modify the recoil force (see paragraph 263 interaction between the spring, rod for the recoil force and paragraph 264 for adjusting the recoil to match the different rifles).
Claim 14: The Monti reference provides a teaching of wherein the haptics module is configured to provide at least one of muzzle rise, and recoil based on at least one of a trigger assembly activation, a rate of fire selector switch position, and the haptics module (see paragraph 155 muzzle rise recoil based on the firearm operation and rate of fire paragraph 147).
Claim 15: The Monti reference provides a teaching wherein the simulated firearm function data comprises at least one of total rounds fired (see paragraph 180 bullet strikes count).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Monti US 20160084605, in view of Grant US 20100173686, in view of Botten WO 2011043673 and further in view of Xu CN 223649806
Claim 5: The Monti reference provides a teaching of wherein the barrel further comprises a water vapor outlet configured to emit a muzzle flare effect based on at least one of a trigger assembly activation, a rate of fire selector switch position, the haptics module, and the visual module, wherein the muzzle flare effect simulates a firearm discharge event.
The Xu reference provides a teaching of wherein the barrel further comprises a water vapor outlet configured to emit a muzzle flare effect based on at least one of a trigger assembly activation, a rate of fire selector switch position, the haptics module, and the visual module, wherein the muzzle flare effect simulates a firearm discharge event (see page 2 paragraph 4-5 and page 4 paragraph 3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Monti reference with the feature of the barrel further comprises a water vapor outlet configured to emit a muzzle flare effect based on at least one of a trigger assembly activation, a rate of fire selector switch position, the haptics module, and the visual module, wherein the muzzle flare effect simulates a firearm discharge event, as taught the Xu reference, in order to provide a realistic effect of the operation of the simulated weapon.
Claims 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Monti US 20160084605, in view of Grant US 20100173686, in view of Xu CN 223649806 and further in view of Botten WO 2011043673
Claim 16: The Monti reference provides a teaching of a firearm simulation device (see abstract) comprising:
a housing; (see FIG. 4 item 20).
a trigger assembly connected to the housing (see FIG. 4 item 170);
a rate of fire selector switch connected to the housing (see paragraph 147 item 450 full auto, burst, semi);
a barrel extending from the housing (see FIG. 4 item 310)
a haptics module having a bolt system configured to activate a bolt assembly and generate a recoil force in the housing when activated (see paragraph 263);
a visual module connected to the at least one LED (see paragraph 184 LED display) and a and
an electronic controller configured to receive an activation signal from the trigger assembly, activate at least one of the haptics module (see paragraph 149 controller 50);
and
a power supply configured to provide power to the first firearm simulation device (see paragraph 141 “battery/power source”).
The Monti reference is silent on the teaching of having at least one LED configured to emit light when activated and illuminate the at least one LED when activated to create a muzzle flare effect. However, the Grant reference provides a teaching of one LED configured to emit light when activated and illuminate the at least one LED when activated to create a muzzle flare effect (see paragraph 51 series of LED that illuminates as the weapon “heat up”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Monti reference with the feature of one LED configured to emit light when activated and illuminate the at least one LED when activated to create a muzzle flare effect, as taught by the Grant reference, in order to simulate different failure situation (see paragraph 51 and 53).
The Monti reference is silent on the teaching of a water vapor outlet configured to emit an ionized water. However, the Xu reference provides a teaching of wherein the barrel further comprises a water vapor outlet configured to emit a muzzle flare effect based on at least one of a trigger assembly activation, a rate of fire selector switch position, the haptics module, and the visual module, wherein the muzzle flare effect simulates a firearm discharge event (see page 2 paragraph 4-5 and page 4 paragraph 3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Elmore reference with the feature of the barrel further comprises a water vapor outlet configured to emit a muzzle flare effect based on at least one of a trigger assembly activation, a rate of fire selector switch position, the haptics module, and the visual module, wherein the muzzle flare effect simulates a firearm discharge event, as taught the Xu reference, in order to provide a realistic effect of the operation of the simulated weapon.
The Monti reference is silent on the teaching of fisheye lens reflector. However, the Kendir reference provides a teaching of fisheye lens reflector (see paragraph 60 fisheye).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Monti reference with the feature of fisheye lens reflector, as taught by the Kendir, in order to provide an accurate measurement of the user’s aim (see paragraph 40).
The Monti reference is silent on the teaching of an audio module connected to at least one speaker system configured to emit a firearm discharge sound when activated.
However, the Botten reference provides a teaching of an audio module connected to at least one speaker system configured to emit a firearm discharge sound when activated (see page 12 line 20-30 audio controller and memory; and page 15 second paragraph loudspeaker sounds based on the safety and the type of burst).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Monti reference with the feature of an audio module connected to at least one speaker system configured to emit a firearm discharge sound when activated, as taught by the Botten reference, , in order to provide a realistic simulation of the weapon function.
Claim 17: The Monti reference provides a teaching of wherein the electronic controller is further configured to generate simulated firearm function data comprising at least one of total rounds fired ((see paragraph 180 bullet strikes count);
and further comprising a simulation data interface configured to receive and store simulated firearm function data from the electronic controller (paragraph 221 examples of simulating a recoil pattern of a specific gun firing specific ammunition).
Claim 18: The Monti reference wherein the electronic controller is configured to activate each of the haptics module (see paragraph 136 controller 50 activating the haptic unit), the visual module upon receiving the activation signal (see paragraph 184 display module), and
The Monti reference is silent on the teaching of the audio module upon receiving the activation signal. However, the Botten reference provides a teaching of audio module upon receiving the activation signal (see page 15 second paragraph loudspeaker sounds based on the safety and the type of burst).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Monti reference with the feature of audio module upon receiving the activation signal, as taught by the Botten reference, in order to provide a realistic simulation of the weapon function.
Claim 19: The Monti reference provides a teaching of a rate of fire selector switch configured to modify the frequency of the activation signal (see paragraph 173 selector switch).
Claim 20: The combination of Monti, Grant, Xu and Botten provides a teaching of the electronic controller is configured to activate the bolt assembly activation, the light emittance, the muzzle flare effect, and the fircarm discharge sound occur in a sequence configured to simulate a firearm discharge event (see rejection of claim 16, 18 and 19).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT J UTAMA whose telephone number is (571)272-1676. The examiner can normally be reached 9:00 - 17:30 Monday - Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kang Hu can be reached at (571)270-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT J UTAMA/Primary Examiner, Art Unit 3715
