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 . This action is in response to Application #19/197,364 and response filed on 03 August 2026.
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 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Application Publication 2015/0184961 to Cantrell.
Regarding Claim 1, Cantrell discloses a pistol comprising:
a frame (see fig.1);
a barrel connected to the frame (5); the frame having a grip portion defining an elongated magazine well (see figs. 1-2);
an elongated magazine (18) removably received in the well and defining a plurality of chambers each configured to contain an ammunition cartridge and having a bullet exit (best seen in fig.22, chambers 42);
a trigger assembly connected to the frame (fig.5); the trigger assembly operably connected to the magazine to advance the magazine along its length to sequentially align each chamber with the barrel and to sequentially discharge each cartridge in the magazine (see at least figs. 8-12);
the magazine having a follower element (see at least fig.8, elements shown but not labeled, the follower elements create the cam tracks 28), and the trigger assembly having an engagement surface angularly offset from the length of the magazine well and operable to engage the follower to advance the magazine along the length of the magazine well in response to actuation of the trigger assembly (see at least figs. 8-12, engagement surface 34).
Response to Arguments
Applicant's arguments filed 03 August 2026 have been fully considered but they are not persuasive. The Examiner believes the rejection above is proper for the structural limitations as claimed. The Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see attached PTO-892 for pertinent art.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN D COOPER whose telephone number is (571)270-3998. The examiner can normally be reached M-F: 7:30 - 4:30 MST.
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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/JOHN COOPER/Primary Examiner, Art Unit 3641
