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 .
Information Disclosure Statement
The IDS document submitted 4/23/2025 is acknowledged an has been considered.
Drawings
The drawings submitted 4/23/2025 are acknowledged and acceptable.
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 1-4 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 states, “at least part of the side of the central chamber facing at least part of the side of the upper chamber and the central chamber extending downwards up to the lower chamber”. This language does not adequately describe the configuration of the three chambers and it is not clear what is meant when referring to the part of the side of the chambers facing each other. Examiner assumes that the central chamber extending downwards up to the lower chamber refers to the narrower central chamber extending to where the lower chamber begins.
Claims 3 and 4 recite the limitations "the walls” and “the inner wall" respectively. There is insufficient antecedent basis for this limitation in the claim.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith et al. (U.S. Patent 4,747,224) in view of Bubits et al. (U.S. Patent 7,559,166).
In regards to claim 1, Smith et al (henceforth referred to as Smith) disclose a firearm's magazine locking system comprising a retainer and a retainer spring. Figure 3 illustrates a retainer comprised of items 18, 19 and 20 and also a retainer spring (item 56), Smith teaches that the retainer is provided with a locking protrusion (item 18d), but not explicitly at least one recess. However, implementation of a recess (items 22 and 23) in the associated retainer is shown in Bubits et al (henceforth referred to as Bubits) and it would have been obvious to one of ordinary skill in the art at the time of Applicant’s invention to provide a recess in a portion of the retainer of Smith instead of springs simply resting against portions of the retainer as shown in Smith figure 8, to hold the ends of the spring;
the firearm's magazine provided with at least one locking channel that cooperates with the locking protrusion (item 47b), the firearm provided with a handle in which a spring housing and a retainer housing are arranged. Smith illustrates a firearm handle which includes a housing for the retainer and the retainer spring (see figures 1 and 2),
wherein the spring is filamentary, comprising a straight portion and a C-shaped portion. Figure 3 shows a spring that includes a c-shaped portion at 56a and straight portions,
Smith as modified with the recess of Bubits teaches that the distal end of the straight portion is arranged in the recess of the retainer and the spring is arranged in the spring housing. As modified, the ends of the Smith spring is/are situated in recesses in the retainer portions, and
wherein the spring housing comprises an upper chamber, a central chamber and a lower chamber, all rectangular. As shown in figures 1 and 5, the portion of the firearm handle that houses the retainer spring includes an upper, lower and central portion, all of rectangular shape, wherein at least part of the side of the central chamber facing at least part of the side of the upper chamber and the central chamber extending downwards up to the lower chamber. As best understood, Examiner asserts that the portions of the Smith handle housing the retainer spring extend in the manner claimed.
In regards to claim 2, Smith as modified with Bubits discloses that the retainer comprises two recesses. As modified, the two spring ends of Smith fit into recesses of the retainer portions.
In regards to claim 3, Smith does not explicitly disclose that at least one of the walls of the upper chamber is at least partially inclined. However, Bubits teaches internal walls of the magazine that are inclined (see figure 2) and it would have been obvious to one of ordinary skill in the art at the time of Applicant’s invention to provide an inclination to the walls of the chamber(s) in Smith as taught by Bubits, to allow the retainer spring to bend as the retainer is moved back and forth.
In regards to claim 4, Smith discloses that the retainer comprises at least one stop, the inner wall of the handle facing the retainer comprises a recess and the stop remains disposed in said recess. The Smith retainer components include the functional equivalent of a stop where they have a protrusion that does not allow the retainer components to exit the handle (“flanges”, items 19a and 20a).
Summary/Conclusion
Claims 1-4 are rejected.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN P LEE whose telephone number is (571)272-8968. The examiner can normally be reached between the hours of 8:30am and 5:00pm on Monday through Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Troy Chambers can be reached on 571-272-6874. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/BENJAMIN P LEE/Primary Examiner, Art Unit 3641