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 under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the mount configured to receive a ballistic shield system and the bend portion may include a cheek weld riser must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 § 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 1-20 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 1 recites “an interface for precisely”, it is not clear what is meant or encompassed by the term “precisely” or how the interface “precisely” receives the pistol.
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.
Claim(s) 1-9, 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Faifer (US 8,448,366). Faifer discloses an apparatus for a pistol stabilizer, comprising: a shoulder stock for contacting a shooter's shoulder (the shoulder contacting end of (14) see Fig. 1); a horizontal stabilizer connected to the shoulder stock (14); and an interface (13) for precisely and removably receiving the pistol.
2. The apparatus of claim 1, wherein the interface is coupled with the horizontal stabilizer by way of a mount (32).
3. The apparatus of claim 2, wherein the mount has structure to receive a ballistic shield system comprising a ballistic shield that includes a bullet resistant viewing window. (in as much as any generic shield could be placed around the stabilizer mount and applicant has not disclosed any specific structure that performs such a function)
4. The apparatus of claim 1, wherein the interface is attached to the mount by way of any suitable fastening assembly (hinge pin) or a suitable adhesive. (Fig. 3)
5. The apparatus of claim 1, wherein the interface comprises a quick draw holster that precisely and removably receives the pistol. (Fig. 1 and 2)
6. The apparatus of claim 1, wherein the interface has structure (rail) to mate with an illumination system attached to the pistol.
7. The apparatus of claim 1, wherein the interface includes a lock switch (15) and a pistol release (22).
8. The apparatus of claim 7, wherein the pistol release (22) has structure to allow the pistol to be removed from the interface.
9. The apparatus of claim 7, wherein the lock switch (15) enables the shooter to switch between allowing removing the pistol from the interface by way of the pistol release and locking the pistol in the interface.
17. The apparatus of claim 1, wherein the interface comprises a holster that has structure (the rail) to mate with an illumination system attached to the pistol rather than attaching directly to the pistol.
18. The apparatus of claim 17, wherein the holster includes a safety mechanism that is configured to cooperate with a primary lock (15) and a secondary lock (30) of the holster.
19. The apparatus of claim 18, wherein the holster has structure (the rails) to receive a flashlight comprising the illumination system while the primary lock and the secondary lock has structure to insert into notches comprising the illumination system so as to retain the pistol in the holster.
20. The apparatus of claim 19, wherein the safety mechanism has structure to ensure that the interface can only be used with specific illumination systems.
Claim(s) 1, 10-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hollis (US 9,696,110). Hollis discloses an apparatus for a pistol stabilizer, comprising: a shoulder stock for contacting a shooter's shoulder (42); a horizontal stabilizer connected to the shoulder stock (10); and an interface (12) for precisely and removably receiving the pistol.
10. The apparatus of claim 1, wherein the interface is coupled with a shaft (32) comprising a generally elongate, cylindrical member having a rail (40) disposed along a bottom of the shaft.
11. The apparatus of claim 10, wherein the shaft and the rail are configured to be inserted within a hollow portion (16) of the horizontal stabilizer.
12. The apparatus of claim 10, wherein a multiplicity of notches (40) distributed along the rail are configured to be fixedly engaged by a push button selector (76) disposed on a recess housing portion on the bottom of the horizontal stabilizer.
13. The apparatus of claim 12, wherein the notches and the push button selector have structure to facilitate adjusting the overall length of the pistol stabilizer to accommodate the arm length of a wide variety of different shooters. (Fig. 4)
14. The apparatus of claim 1, wherein a bend portion (48) is disposed between the shoulder stock and the horizontal stabilizer.
15. The apparatus of claim 14, wherein the bend portion is configured to optimize the ergonomics of the pistol stabilizer by positioning the pistol to be advantageously grasped in the shooter's dominant hand while the shoulder stock contacts the shoulder of the shooter.
16. The apparatus of claim 14, wherein the bend portion may include a cheek weld riser adapted to contact a cheek of the shooter to further enhance stability during aiming and/or firing the pistol. (the term “may” indicates that this is optional)
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 MICHELLE CLEMENT whose telephone number is (571)272-6884. The examiner can normally be reached M-F 10-6.
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, 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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/MICHELLE CLEMENT/Primary Examiner, Art Unit 3641