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 .
Terminal Disclaimer
The terminal disclaimer filed on 7/6/26 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US 12,326,313 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Arguments
Applicant’s arguments with respect to claim(s) 7/6/26 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 21-24, 26-33, 36-39 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 21 recites an arm configured (i.e. having structure allowing it) to engage with a magazine but does not positively recite a magazine, in line 3 of the claim. The claim later, at line 6, appears to positively recite interaction between the arm and the magazine. It is therefore unclear whether applicant intends the metes and bounds of the claim to encompass a magazine. Appropriate correction is required. Likewise, at lines 11-12, the claim recites the magazine receiver is configured to accept a plurality of interchangeable magazine adapters, then at line 13, the claim appears to positively recite aspects of the interchangeable magazine adapters. Appropriate correction is required.
Claim 22 recites the limitation “the detachable magazine”. There is insufficient antecedent basis for this limitation in the claim in that a detachable magazine has not been previously positively recited. (Also see remarks above with regards to the recitation of a “magazine” and the clarification required)
Claim 31 recites an arm configured (i.e. having structure allowing it) to engage with a magazine but does not positively recite a magazine, in line 2 of the claim. The claim later, at lines 6 and 7, appear to positively recite interaction between the arm and the magazine. It is therefore unclear whether applicant intends the metes and bounds of the claim to encompass a magazine. Appropriate correction is required.
Claim 32 recites the limitation "the firearm". There is insufficient antecedent basis for this limitation in the claim in that a firearm has not been previously positively recited in the claims.
Claim 33 recites the limitation "the firearm". There is insufficient antecedent basis for this limitation in the claim in that a firearm has not been previously positively recited in the claims.
Claim 39 recites an arm configured (i.e. having structure allowing it) to engage with a magazine but does not positively recite a magazine, in line 3 of the claim. The claim later, at lines 10-12, appear to positively recite interaction between the arm and the magazine. It is therefore unclear whether applicant intends the metes and bounds of the claim to encompass a magazine. Appropriate correction is required.
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) 21-24, 26-33, 36-39 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Young et al. (US 2015/0316339). Young et al. discloses a lever action firearm (par. 0018), comprising: a magazine release (300), comprising: an arm (2200) configured to engage with a magazine on a first side of the magazine; and an actuator (3000+) operatively coupled to the arm and configured to transition the arm from a first position to a second position when actuated, wherein: in the first position the arm is engaged with the magazine to hold the magazine, and in the second position the arm is biased away from the magazine to release the magazine (par. 0035); and a magazine receiver (1430) sized to accept a detachable magazine, wherein the magazine receiver is configured to accept a plurality of interchangeable magazine adapters (200, 400), and wherein each interchangeable magazine adapter of the plurality of interchangeable magazine adapters allows a different type of magazine to be loaded into the lever action firearm (par. 0017).
22. The lever action firearm of claim 21, wherein the detachable magazine is configured to hold cartridges in a double stack configuration and single feed the cartridges for firing by the lever action firearm. (par. 0072)
23. The lever action firearm of claim 22, wherein the detachable magazine comprises a swept-back configuration such that, when loaded in the magazine receiver, a surface of a rear-facing side of the detachable magazine comprises an angle greater than 90 degrees with respect to a plane extending through an axis of a bore of the lever action firearm. (Fig. 5A; it is noted that “rear” is spatially relative and without an initial point of reference a “rear” cannot be established)
24. The lever action firearm of claim 23, wherein the detachable magazine is configured to hold cartridges in a double stack configuration and single feed the cartridges for firing by the lever action firearm; or double feed the cartridges for firing by the lever action firearm. (par. 0072)
26. The lever action firearm of claim 21, wherein the actuator is configured to be actuated by pivoting about a first axis (3028).
27. The lever action firearm of claim 26, wherein the actuator is configured to transition the arm from the first position to the second position by pivoting the arm about a second axis (@2400, 4400) perpendicular to the first axis.
28. The lever action firearm of claim 21, further comprising an actuator spring (3030) configured to bias the actuator towards an unactuated position such that the arm is in the first position when the actuator is in the unactuated position.
29. The lever action firearm of claim 28, further comprising an arm spring configured to bias the arm towards the first position. (2240, 4240)
30. The lever action firearm of claim 29, wherein the arm spring is disposed in a pocket of the arm. (Fig. 2A, 4A)
31. A magazine release for a firearm, comprising: an arm configured to engage with a magazine on a first side of the magazine; and an actuator operatively coupled to the arm and configured to transition the arm from a first position to a second position when actuated, wherein: in the first position the arm is engaged with the magazine to hold the magazine, in the second position the arm is biased away from the magazine to release the magazine the actuator is configured to be actuated by pivoting about a first axis, and the actuator is configured to transition the arm from the first position to the second position by pivoting the arm about a second axis perpendicular to the first axis. (see remarks above)
32. The magazine release of claim 31, wherein the first side is: a left side of the firearm, or a right side of the firearm. (Fig. 2A and 3)
33. The magazine release of claim 31, wherein the actuator is configured to be actuated by a force applied: in a direction from a butt of the firearm to a muzzle of the firearm; or in a direction from the muzzle of the firearm to the butt of the firearm. (Fig. 3)
36. The magazine release of claim 31, further comprising an actuator spring configured to bias the actuator towards an unactuated position such that the arm is in the first position when the actuator is in the unactuated position. (see remarks above)
37. The magazine release of claim 36, further comprising an arm spring configured to bias the arm towards the first position. (see remarks above)
38. The magazine release of claim 37, wherein the arm spring is disposed in a pocket of the arm. (see remarks above)
39. Young et al. inherently discloses a method of manufacturing a firearm, comprising: assembling a magazine release for the firearm, the magazine release comprising: an arm configured to engage with a magazine on a first side of the magazine; an actuator operatively coupled to the arm and configured to transition the arm from a first position to a second position when actuated, an actuator spring configured to bias the actuator towards an unactuated position such that the arm is in the first position when the actuator is in the unactuated position; and an arm spring configured to bias the arm towards the first position wherein: in the first position the arm is engaged with the magazine to hold the magazine, and in the second position the arm is biased away from the magazine to release the magazine. (see remarks above with regards to claim 31)
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.
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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
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